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Memorandum Opinion and Order
Pending are cross-motions for summary judgment by 1) Plaintiff Canal Insurance Company (Canal); 2) Defendants Christal Pearl Blankenship, Rebecca Keneda, and Robert Blankenship (Blankenship Defendants); and 3) Defendant Susan Keneda. As discussed below, the Court GRANTS Plaintiff’s motion and DENIES Defendants’ motions.
Order
On January 18, 2001, Timothy Jenkins (“the defendant”) appeared before this court and pled guilty to violating 18 U.S.C. § 922(u) and 924(i)(1) and 18 U.S.C. § 2. Specifically, the defendant pled guilty to aiding and abetting the theft of five handguns from a federally licensed dealer. After accepting the defendant’s guilty plea, the court denied the defendant release on bail pending sentencing. The court found that aiding and abetting the theft of firearms from a federally licensed dealer is a crime of violence for the purpose of determining eligibility for release pursuant to 18 U.S.C. § 3143. The court writes now to explain its decision.
Memorandum Opinion and Order
Pending before the Court is the government’s motion to amend its answer. For the reasons set forth below, the Court GRANTS the motion.
Memorandum Opinion and Order
Pending is Petitioner’s application under 28 U.S.C. § 2241 for a writ of habeas corpus based on a challenge to his sentence pursuant to Apprendi v. New Jersey, 120 S.Ct. 2348 (2000). The petition was previously referred to the Honorable Mary S. Feinberg, United States Magistrate Judge, who has submitted her Findings and Recommendation pursuant to the provisions of 28 U.S.C. § 636(b)(1)(B). Petitioner has filed objections to the Findings and Recommendation. Following de novo review of Petitioner’s objections, the Court DENIES the application with prejudice.
Memorandum Opinion and Order
Pending is the plaintiffs’ Motion to Exclude Changes in Deposition Testimony of Defendant Larry Cline. Larry Cline (“Cline”) gave a deposition on November 23, 1999. He filed an errata sheet for that deposition on October 6, 2000, making substantive changes to his testimony. Pursuant to Rule 30(e) of the Federal Rules of Civil Procedure, the court FINDS that, although Cline’s errata sheet was timely filed, he has failed to provide any reasons for his changes as required by the rule. Accordingly, the plaintiffs’ motion is GRANTED.
Proposed Findings and Recomendation
This is an action seeking review of the final decision of the Commissioner of Social Security denying the Plaintiff’s application for disability insurance benefits (DIB) and supplemental security income (SSI), under Titles II and XVI of the Social Security Act, 42 U.S.C. §§ 401-433, 1381-1383f. By standing order, this case was referred to this United States Magistrate Judge to consider the pleadings and evidence, and to submit proposed findings of fact and recommendation for disposition, all pursuant to 28 U.S.C. § 636(b)(1)(B). Presently pending before the court are the parties’ cross-motions for judgment on the pleadings.
Memorandum Opinion and Order
Pending is Petitioner's petition for a writ of habeas corpus, pursuant to 28 U.S.C. § 2241. The petition was previously referred to the Honorable Mary S. Feinberg, United States Magistrate Judge, who has submitted her Findings and Recommendation pursuant to the provisions of 28 U.S.C. § 636(b)(l)(B). Petitioner has filed objections to the Findings and Recommendation. Following a de novo review of the portions of the Magistrate Judge's Findings and Recommendation to which Petitioner objects, the Court concludes Petitioner's objections are without merit.
Memorandum Opinion and Order
Pending is a letter-form request by Ronald Bumpus for transcripts of (l) jury instructions given by the court; and (2) his sentencing proceeding at the conclusion of his criminal trial. The Court DENIES the request without prejudice.
Memorandum Opinion and Order
Pending are (l) separate motions to dismiss filed by Defendants (a) Elizabeth s. Lawton, Darrell w. Peters, and Joan E. Ohl, (b) Darrell McGraw, and (c) Citibank N.A.; (2) Plaintiffs' motion for oral argument; and (3) Defendants' motions to stay discovery pending disposition of their dispositive motions.
Memorandum Opinion and Order
Pending is Defendant's motion for restoration of his right to possess a firearem.1 The Government has not responded. Lacking jurisdiction, the Court DENIES the motion.