Cases

—Motion for leave to appeal denied. Memorandum: The County Clerk has informed the Court that there is no record of any such judgment dismissing relator’s petition having been entered. Moreover, an appeal from a judgment dismissing a habeas corpus petition lies as of right rather than by permission. Present— Callahan, J. P., Pine, Balio, Lawton and Boomer, JJ.

Alleit Murray Myers, J. The court does hereby amend its decision dated December 9,1970 to read as follows: In this summary holdover proceeding the landlord seeks to evict the tenant from decontrolled property, after expiration of a lease, on the ground that he needs the apartment for his own use. Petitioner’s entire case consisted of the following evidence: 1) Lease betwee

Judgment unanimously affirmed, with costs. No opinion. Present — Peck, P. J., Glennon, Dore, Cohn and Callahan, JJ.

Orders unanimously reversed, with twenty dollars costs and disbursements, and motion to vacate items “ 1 ” and “ 3 ” of defendants’ demand granted. Bill of particulars to be served within twenty days after service of order. No opinion. Present — Martin, P. J., Townley, Dore, Cohn and Callahan, JJ.

I. EDGERTON, Associate Justice. The only question in appellant Meyer’s suit, No. 7799, is'the method of calculating - overtime pay in the customs service. The pertinent statute provides: “That the Secretary of the Treasury shall fix a'reasonable rate of extra compensation for overtime services * * ' * ' such rates to be' fixed on the basis of one-half day’s additional pay for each two hours or fr

SCHROEDER, Chief Judge: Appellants in these consolidated appeals are law enforcement officers of the Navajo Nation Division of Public Safety (“DPS”) who filed actions against both the Navajo Nation and the United States claiming violations of the Fair Labor Standards Act (“FLSA”), 29 U.S.C. §§ 201-219. The district court dismissed the claims against the Navajo Nation, holding that law enforcement was an intramural matter withi

ORDER AMENDING OPINION AND DENYING REHEARING AND AMENDED OPINION ORDER The Opinion filed June 10, 2004, is amended as follows: Slip Opinion page 7727, lines 17-18, delete “, and more narrow than,” and lines 30-31, delete “This case is easier, because” and insert “Here,” With the above amendments, the panel has voted to deny the petition for panel rehearing and to deny the petit

Jenkins, Justice, dissenting: (Filed April 24, 2019) In this case the majority has concluded that the defendant correctional officers and Warden Ballard are not entitled to qualified immunity in relation to Inmate Delgado's claims of excessive force and deliberate indifference arising from the correctional officers' efforts to maintain control of Inmate Delgado and the segregation unit at the M

Opinion by Judge MILAN D. SMITH, Jr.; Dissent by Judge CALLAHAN. *701OPINION M. SMITH, Circuit Judge: Jorge Dario Aragon-Salazar (Aragon), a native and citizen of Guatemala, petitions for review of a decision by the Board of Immigration Appeals (BIA), affirming the Immigration Judge’s (IJ) denial of his application for special rule

(2008) Germain SKINNER, Petitioner, v. Barry McLEMORE, Respondent. No. 06-12350. United States District Court, E.D. Michigan, Southern Division. March 7, 2008. ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION; GRANTING MOTION TO EXPAND THE RECORD ARTHUR J. TARNOW, District Judge. Before the Court is Magistrate Judge Komives' Report an

OPINION IKUTA, Circuit Judge: Charles Gugliuzza appeals the district court’s order reversing a bankruptcy court’s grant of summary judgment and remanding for further fact-finding. We conclude that we lack jurisdiction and therefore dismiss the appeal. I The Federal Trade Commission (FTC) successfully brou

OPINION HAWKINS, Circuit Judge: Carl Schroeder (“Schroeder”) appeals his dismissal from a qui tam suit concerning the billing practices of government contractor CH2M Hill. The appeal turns on an issue of first impression: Does 31 U.S.C. § 3730(d)(3) of the False Claims Act (“FCA”) require the dismissal of a qui (J|am relator convicted of the conduct g

FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT TOPAZ JOHNSON, No. 23-15299 Plaintiff-Appellant, D.C. No. v. 2:22-cv-01235- TLN-EFB HIGH DESERT STATE PRISON; SYLVA, Sergeant; BRIAN KIBLER, Warden, OPINION Defendants-Appellees. IAN HENDERSON, No.

Supreme Court of Florida ____________ No. SC17-585 ____________ THE FLORIDA BAR, Complainant, vs. CHARLES PAUL-THOMAS PHOENIX, Respondent. January 28, 2021 PER CURIAM. We have for review a refe

DON R. WILLETT, Circuit Judge: Jerry Reed is a civilly committed sexually violent predator. Under now-repealed Texas law, he had to pay for GPS monitoring or else face criminal prosecution. Reed's sole income, though, was Social Security. He contends that the pay-or-be-prosecuted penalty violated the Social Security Act's anti-attachment provision,

IN THE COURT OF APPEALS OF IOWA No. 17-0791 Filed February 21, 2018 RONALD DWIGHT KUNDE, Plaintiff-Appellant, vs. ESTATE OF BOWMAN, Defendants-Appellees. ________________________________________________________________ Appeal from the Iowa District Court for Jackson County, Nancy S. Tabor, Judge. Appeal from the grant of the defendant’s motion for summary judgment. REVERSED AND

Michael Germaine Stanback (Defendant) failed to perfect his appeal from three judgments reflecting jury verdicts finding him guilty of two counts of second-degree kidnaping and robbery with a dangerous weapon. On 22 December 1997, this Court allowed Defendant's petition for writ of certiorari to review these judgments. The record shows that on 16 September 1996, Defendant was charged with two counts of first-degree kidnaping and robbery with a dangerous weapon. Because of Defen

UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS No. 19-1350(E) CHARLES L. SWANAGAN, APPELLANT, AND NO. 19-3258(E) JESSE B. TURMAN, APPELLANT, V. DENIS MCDONOUGH, SECRETARY OF VETERANS

Case: 17-20519 Document: 00514940593 Page: 1 Date Filed: 05/02/2019 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED No. 17-20519 May 2,

PREGERSON, Circuit Judge: Manjit Kaur was convicted of possessing and distributing pseudoephedrine knowing or having “reasonable cause to believe” that it would be used to manufacture methamphetamine in violation of 21 U.S.C. § 841(c)(2). 1 On appeal, Ms. Kaur challenges the district court’s jury instruction explaining