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him on the briefs were Charles R. Jaffe was on the brief of amicus curiae Eagle

Forum Education &. Were on the brief of amici

curiae Laura N. With him on the brief were David W.

Ogden. Schweitzer were on the brief of amici curiae The Sher

wood Anderson Literary Estate Trust. 17 U.S.C. s 302(a). (2)

For a work created in 1978 or later that is anonymous. Or is made for hire. The term is extended from

75 to 95 years from the year of publication or from 100 to 120

years from the year of creation. For which the

initial term of copyright was 28 years. The renewal term is

extended from 47 to 67 years. (L 290) 9.

him on the briefs were Charles R. Jaffe was on the brief of amicus curiae Eagle

Forum Education &. Were on the brief of amici

curiae Laura N. With him on the brief were David W.

Ogden. Schweitzer were on the brief of amici curiae The Sher

wood Anderson Literary Estate Trust. 17 U.S.C. s 302(a). (2)

For a work created in 1978 or later that is anonymous. Or is made for hire. The term is extended from

75 to 95 years from the year of publication or from 100 to 120

years from the year of creation. For which the

initial term of copyright was 28 years. The renewal term is

extended from 47 to 67 years. (L 290) 9.

The CTEA is but the latest in a series of congressional

extensions of the copyright term.

term of a copyright is computed so as to conform with the

Berne Convention and with international practice. Where there was no

identifiable author. The

CTEA amends this scheme by adding 20 years to the term of

every copyright.

The plaintiffs filed this suit against the Attorney General of

the United States to obtain a declaration that the CTEA is

unconstitutional.

Sincerely. G is a corporate agent of Satan. Is the manufacturer and distributor of numerous products for personal care. There is record evidence that Amway distributors are responsible for inspiring and encouraging distributors to whom they sell. Who in turn are encouraged to emulate those above them in the Amway distribution hierarchy. Although Amway distributors are strongly encouraged to purchase. Amway and its distributors have the ability to send messages to. Haugen is a distributor of Amway products and a developer of Amway business in the Amway distribution chain. At the time this action was commenced. Walker International Network (hereinafter

[H]er refusal to use the words

This is a pro se state prisoner

J.P. Brown was eventually treated by Dr. That it was unlikely he would regain the vision.

At the sentencing hearing Swenson testified that he had interviewed J.P. Brown at the hospital where he was treated. Although Brown was taking medication. Who admitted that he had been drinking on the day of the incident but said he did not drink as much as the others because he was driving. Defendant did say that he was wearing steel toed boots on the day of the assault and that those boots were the only pair of shoes that he owned. Sramek was presented at the hearing. Either would have been adequate to cause this type of injury.

Defendant Appellant Bobby Carroll Hollingsworth pleaded guilty to one count of conspiracy to distribute methamphetamine in violation of 21 U.S.C.

These misrepresentations were but the beginning of the false statements that he would make about his military status in connection with the bridge collapse. After a briefcase belonging to an actual Army captain was recovered from the river. By representing that he was an Army captain and assuring motel management that other government officials would pay the tab. By telling store employees that he was an Army captain who needed the supplies for the rescue effort. He failed to return the truck as promised.

Defendant was detained by police in Ontario. He was driving the stolen pickup and had a rifle in a case behind the front seat. 3E1.1 for acceptance of responsibility for his conduct.

There were four addendums to the PSR.

Plaintiff appellant Quay V. After his application for disability benefits was denied initially and on reconsideration. A de novo hearing was held before an administrative law judge (ALJ). (2) that plaintiff had failed to demonstrate that he was under a disability on or before that date. Although they were considered by the Appeals Council. They were not contained in the administrative record that the Commissioner submitted to the district court. We were unable to conduct the required de . Novo review and determine whether the Appeals Council erred in concluding that the records were

Sherry Zachary appeals from an order of the district court affirming the Commissioner's decision denying her application for Social Security benefits. Was not disabled at step five of the analysis because she could perform a . Making the ALJ's decision the Commissioner's final decision.

We review the Commissioner's decision to determine whether the factual findings are supported by substantial evidence in the record and whether the correct legal standards were applied. Winfrey v. A treating source opinion is to be given controlling weight only if it is

Officer Lane was called to Prado's house when her husband. She was belligerent and refused medical assistance. Concluding that an emergency detention order for hospitalization was not necessary. Was in a semiconscious state with slurred speech in the car. Late the following morning she was hospitalized comatose. Diagnosed with congestive heart failure.

Qualified immunity is

Darlene Quinn alleges that the United States Internal Revenue Service (IRS) allowed at least two other people to use her Social Security number for tax purposes and failed to timely remedy the problem. Quinn first informed the IRS that her Social Security number was being used by someone other than herself in 1994. Quinn determined that the levy pertained to another individual who was using her Social Security number. Leading her to believe that the unauthorized use of her Social Security number was continuing despite her earlier complaint. Quinn apparently spoke with someone at the Federal Bureau of Investigation (FBI) and was informed that the FBI database revealed that three individuals were using her Social Security number.

Ms. 1227 (10th Cir. 2004) (noting that

Pursuant to a plea agreement. He was sentenced. Navarro was charged by indictment with conspiracy to manufacture fifty grams or more of methamphetamine. The Agreement further stated that

Appellant Randy Todd Wilson pled guilty to being a felon in possession of a firearm pursuant to 18 U.S.C.

Plaintiff Carl Hacker. 1983 civil rights complaint alleging defendants

We review the district court's findings of fact for clear error.

Robert Owen Taylor filed a motion to suppress evidence. Claiming the gun he had thrown out of the car he was driving was obtained by police in violation of the Fourth Amendment. Was sentenced to sixteen months' imprisonment. Riley asked the police to help him clear the parking lot of loiterers who did not have business at either of two Shopping Center establishments (a restaurant and a community center) that remained open at that time.

Sinclair Oil Corp. appeals from the grant of summary judgment to Texaco. Inc. on Sinclair's claim that Texaco should indemnify Sinclair for costs incurred as a result of a lawsuit brought against Sinclair by a third party who was injured by exposure to material on property which Sinclair had purchased from Texaco. Gary Medlin was an employee of the environmental consulting company. Medlin was exposed to the material in the drums and suffered respiratory injuries.

In May 1993. On the ground that it was a former. That decision was affirmed on appeal by the Oklahoma Court of Appeals. Arguing that Sinclair's common law indemnity claim failed as a matter of law because

Michael Anthony Phillips was found guilty following a jury trial on one count of being a felon in possession of a firearm. He was sentenced to sixty five months imprisonment. The search warrant stated it was for

We agree with the district court that the plaintiffs cannot assert wrongful termination claims because they were never employed by Ruhrpumpen. Those four plaintiffs are similarly situated to the plaintiffs who did file failure to hire charges. The plaintiffs were employed by a pump manufacturing plant known as Flowserve. Flowserve was ordered to divest itself of its Tulsa facility. Each employee is effectively terminated from employment with Flowserve

Plaintiff seeks review of the district court's grant of summary judgment for defendant on plaintiff's claims of sexual harassment in violation of Title VII of the Civil Rights Act of 1964. We have jurisdiction under 28 U.S.C.

Homer Price was convicted of possessing a firearm after a prior felony conviction. Was sentenced to 188 months' imprisonment followed by five years' supervised release. Claiming that his Sixth Amendment right to confront witnesses was violated when the district court refused to allow his attorney to use his prior acquittal in state court to impeach government witnesses' testimony during cross examination.

We begin with a brief discussion of the issues on which we have not granted a COA: (1) Mr.

Mr. He contended that the traffic stop was not justified at its inception because. The officer was not in position to see any traffic violation but had instead stopped Mr. The court found that Officer Kirkland was only thirty yards behind the motorcycle when Mr. Dunn was because of his interest in the origins of the

Anthony T. Resulting in a lacerated wrist and injured thumb.

Leon was indicted in federal district court for armed bank robbery and detained pending trial in federal prison. After he was released on bond by federal authorities. There is no evidence in the record that Leon alleged a violation of the IAD during his federal trial in Leon I.

Plaintiff appellant Laurie Ann Tollestrup appeals from the district court's decision granting summary judgment under Fed. Were time barred. The defamation claim was conclusory and inadequately pled. (6) the intentional infliction of emotional distress claim failed because the conduct at issue was not outrageous.

On appeal. Who is proceeding pro se. Retaliatory termination claims are not time barred under the continuing violation doctrine. Her state claims are not time barred under Utah law. She was forced into

McWilliams switched to the right hand lane. There were two or three cars and a semi truck behind the Camry.

Trooper McWilliams determined that the Camry driven by Vasquez was in violation of Utah Code Ann.

Plaintiffs appeal from the district court's order awarding attorney's fees and costs in favor of defendant Michael B. We affirm.

The parties are familiar with the facts. We will summarize them only briefly. The district court's order did not specify whether it was plaintiffs or Johnson who are responsible for the attorney's fees and costs. That Johnson was jointly and severally liable for the fees and costs. The district court granted Terry's motion to clarify and amended its previous order to state that plaintiffs and Johnson are jointly and severally liable for the $12.

Marco Antonio Castro Holguin entered a conditional guilty plea to possessing with intent to distribute 100 kilograms or more of a mixture or substance containing a detectable amount of marijuana. Castro Holguin argues the district court should have granted the motion due to Fourth Amendment violations involving (1) the police's initial stop of his vehicle. Because it did not appear to have a visible license plate. Castro Holguin told him he was traveling from Mexico to Kansas City for vacation. He observed that the car did have a plate but it was covered by a tinted material.

Deputy Knowles returned Castro Holguin's identification papers and then asked him for consent to search the car. Was not recording audio at this point. The court held that the initial stop was justified by reasonable suspicion. Based on the court's finding that the car's

When Mr. Rios was charged and convicted of four additional offenses. Rios also alleges that (4) prison officials violated his Eighth Amendment right to be free from cruel and unusual punishment by denying him outdoor exercise and

Petitioner Brett Wright appeals the district court's decision denying him habeas corpus relief. We affirm.

Federal civil courts have only limited authority to review court martial proceedings. See Burns v. If the military courts have fully and fairly reviewed Pvt. The trial record was incomplete. We nevertheless conclude these claims do not warrant habeas relief.

I. INTRODUCTION

Defendant Landsaw was charged. Arguing that the officer who obtained the search warrant should have informed the magistrate that the pseudoephedrine pills had already been seized from his vehicle.

Both motions were denied by the district court. Where he purchased pseudoephedrine from a confidential informant (

Topeka police officers Bryan Wheeles and Byron Endsley were parked in separate patrol cars in a parking lot on Adams Street at about 2:30 in the morning. He immediately determined that it was not the runaways. Because the Lexus he was following had a specialized license plate.

Officer Wheeles then observed the Lexus weaving within its lane. Which was the first block south of the lot where he had been parked. Officer Wheeles recognized that the driver was Mr. Rhoiney's Kansas driver's license was suspended. As Officer Wheeles was asking Mr. The district court denied the motion to suppress.

The case was later transferred to a different district judge. Several exhibits were entered into evidence. Rhoiney's car weaving in the 2700 block because of a hill between that block and the lot where the officers were parked. Found that

Thereafter. Cessna received information indicating that Renner Wallace and McCabe may have fabricated the sexual harassment allegation. Renner Wallace and McCabe were allowed to respond to the charge of fabrication. Because Renner Wallace and McCabe failed to demonstrate that the company's proferred reason was pretextual. 56(c) provides that summary judgment is appropriate

Proceeding pro se. Violated his Fourth Amendment rights and his Fourteenth Amendment due process rights.

The district court first concluded that Price and Birdsall were entitled to absolute immunity as to any claims asserted against them in their individual capacities. Buckley v. Acting in their official capacities are 'persons'

After the backpack was opened. Defendant was arrested.

Defendant moved to suppress the cocaine. At the suppression hearing he admitted that the backpack belonged to him and that he had told Perry that it did not belong to him because he knew it contained cocaine.

The district court concluded that the backpack was abandoned after Perry asked Defendant and the other passengers whether it belonged to anyone and no one claimed it. R. vol. 4 at 71.

Defendant went to trial and was convicted by a jury. The judge stated that Defendant was facing a minimum ten year sentence. Defendant

Mr. Young was the defendant in a divorce proceeding in Oklahoma. The divorce decree was entered January 6. Young was found guilty of contempt and sentenced to sixty days in county jail. Was released from custody. Young's Oklahoma home was sold at a sheriff's sale. The sale was confirmed by an Order of Disbursement on April 5. The defendant must be

Entered for the Court

Patrick Fisher.

Claimant Rita D.

Minutes after receiving the call. The only difference in their appearance was the girl's height. The man was later identified as the defendant and the girl as Samantha D.

Our review of an order dismissing a complaint for failure to state a claim under Rule 12(b)(6) is de novo. Hartman v. Dismissal of a complaint pursuant to Rule 12(b)(6) will be upheld only if

Lieutenant Garcia and the confidential informant went to 6412 North Dal Paso in Hobbs. Two of these men were working horses and the third one. Walked toward Lieutenant Garcia and the confidential informant and said Appellant was not there yet. Appellant approached the two men working horses and

Cecil Dawson appeals from the district court's orders granting judgment on the pleadings and summary judgment for the defendants on Dawson's civil rights complaint brought pursuant to 42 U.S.C.

The Government and this defendant stipulate and agree that these proceeds were derived from a specified unlawful activity. That is. Which states:

After prison disciplinary hearings resulting in a revocation of good time credits as well as other sanctions. Which was different from the charge he was informed of prior to the hearing. Mondaine argues that he was deprived of notice of the charge. 563 66 (1974).

The district court found that the material regarding the other inmate and offense was included in error. The court accordingly held that there was no due process violation.

We review the district court's factual findings on a clearly erroneous standard and conclusions of law de novo. E.g.. The material referring to the other inmate and other charge was merely a mistake and did not reflect the true charge against Mr. There is no basis for his claim that he was not given notice.

The judgment of the United States District Court for the District of Colorado is AFFIRMED.

Entered for the Court. McConnell

Circuit Judge

This is an appeal from the denial of a petition for habeas corpus relief pursuant to 28 U.S.C.

James Lee Wells appeals from the grant of summary judgment to defendants on state tort and federal civil rights claims following a traffic stop which resulted in his arrest and detention. We have jurisdiction over this appeal by virtue of 28 U.S.C.

Odilon Ortiz pled guilty to one count of use of a communication facility in furtherance of a drug trafficking crime. He was sentenced to forty eight months imprisonment. Arguing that the district court should have departed downward.

Ortiz's appointed counsel has filed a brief pursuant to Anders v. Because she has concluded that this appeal is

Defendant appellee Gerardo Alarcon was arrested when a SWAT team executed a search of a third party's apartment. Alarcon was charged with conspiracy to distribute a controlled substance in violation of 21 U.S.C.

Cary J. Gagan was indicted by a grand jury on three counts of making false statements in violation of 18 U.S.C.

Ernest Norman Shaifer a/k/a Hanif

Defendant Christopher Lee Rambo was taken into custody because the police received information that he was involved with two armed robberies in Greeley. Rambo was charged with two counts of robbery affecting commerce in violation of 18 U.S.C.

Plaintiff filed this civil case pursuant to 42 U.S.C.

We are not persuaded by Mr. The girl informed the police that

she was engaged in a sexual relationship involving intercourse with the defendant. He told the police that she was his girlfriend and that he knew her age. He was twenty years old at the time.

Mr. He did move for a downward departure on the grounds that (1) his criminal history category of IV over represented the seriousness of his criminal record because much of his criminal history was based on driving offenses. (2) his unlawful reentry conviction was the product of duress because his family was in physical danger in his native El Salvador.

At sentencing. Our review is for plain error. See United States v. (2) that is plain. If these three elements are satisfied. Which governs convictions for unlawful reentry and requires a sixteen level increase in the offense level

John Greschner. We have jurisdiction over this appeal under 28 U.S.C.

Plaintiffs filed this action for bankruptcy fraud. We agree that the broad brushed and conclusory allegations involving the professional defendants were deficient under Rule 9. Plaintiffs' counsel repeatedly stated that the complaint was framed (inappropriately) in reference to the general notice pleading standards of Fed. . Now on appeal plaintiffs make virtually no effort to demonstrate how the pertinent allegations are sufficient under the proper legal standard applied by the district court. Is foreclosed by circuit precedent.

Plaintiffs did not file a motion for leave to amend their complaint. Plaintiffs' counsel merely made a generic

Plaintiff Patricia Styskal appeals the district court's dismissal with prejudice of her claims against Appellees Mike Witman. It should have dismissed those claims without prejudice to enable her to refile them in state court. Appellees are Plaintiff's neighbors. Informed her that she must

GTI's bankruptcy case was closed on May 6. That

Plaintiff seeks review of the district court's grant of summary judgment to defendant on her claims of gender and age discrimination in violation of Title . We have jurisdiction under 28 U.S.C.

At the time the complaint was filed. Was about to begin a Stage III diversion. The Ranch did not contend it had

Plaintiff Robert Doerr appeals the district court's orders dismissing his employment discrimination and civil rights complaint under Fed. Indicating that he was perceived as homosexual. The investigation was held in abeyance at plaintiff's request. A directive was issued to all employees directing them to cease all conversations regarding any employee's sexual orientation or any other sexual issues in the workplace.

In January 2000. The district court ruled that the individual defendants were entitled to qualified immunity because. Even if it were clearly established that anti homosexual harassment violated the Equal Protection Clause. His conclusory allegations that the individual defendants allowed the harassment to continue are unsubstantiated and. The record shows the individual defendants were unaware of the harassment until plaintiff reported it to them. Plaintiff's claim that the individual defendants did not adequately investigate and address plaintiff's complaints is not supported by the record.

Plaintiff is an Hispanic male. His job was to clean catch basins. Which are openings in gutters where water drains from the streets into the sewer system. Were unable to clean catch basins because the pump of their power flusher truck was frozen. Plaintiff radioed the Division headquarters to report that he was having trouble with the brakes on the power flusher truck. Swore in an affidavit that (1) she drove Plaintiff's route twice during the time he claims to have cleaned the catch basins. (3) she inspected one of the catch basins he was assigned to clean and found it covered with debris.

Entered for the Court

Patrick Fisher. We conclude that the IJ's decision is free of any constitutional or legal error. Is supported by substantial evidence. He was bedridden for more than a month. He was unable to secure legal status or obtain a steady job. At the hands of the Abkhazians constituted persecution on account of ethnic identity or political opinion.

Petitioner Artur Ustyan. We conclude that the IJ's decision is free of any constitutional or legal error. Is supported by substantial evidence. He was bedridden for more than a month. He was unable to secure legal status or obtain a steady job. At the hands of the Abkhazians constituted persecution on account of ethnic identity or political opinion.

Petitioner Antonio Davila Ponce seeks review of a Board of Immigration Appeals (BIA) order affirming without an opinion the immigration judge's (IJ) removal decision that he was inadmissible under 8 U.S.C.

Jardine was thus sentenced in accordance with the controlled substances guideline. The firearms used for the two level enhancement were not the same firearms used to convict Jardine under

The relevant facts are set forth in detail in the district court's July 23. Appellant was hired by UPS in July 1988. Appellant was terminated for failure to report to work on two consecutive days. The termination was later withdrawn. Appellant was suspended for attendance problems. The suspension was later reduced to a warning letter. Appellant was terminated for attendance problems. The termination was later reduced to a one day suspension. Appellant was suspended for three days for attendance problems.

In September 1997. Appellant was terminated for recklessness resulting in a serious accident based on a July 1997 collision with a car making a left turn. Appellant was released by his doctor to return to full duty on September 9. The termination was subsequently reduced to a seventeen day suspension following a meeting between Local 886 and Appellant's labor manager.

In May 1999. Appellant was terminated for dishonesty pursuant to the collective bargaining agreement.

We have consolidated these cases for purposes of disposition. We affirm the district court's orders.

No. 02 6274

The underlying facts are set forth at some length in Mr. We will not repeat them here. Hickman was convicted after a jury trial of three counts of distribution of cocaine base in violation of 21 U.S.C.

Appellant Van Cott. A Utah attorney.

The report was based on Mr. The question of whether the bankruptcy court applied the proper legal test in evaluating the expert opinion is reviewed de . Novo and the court's subsequent evidentiary ruling is reviewed under the abuse of discretion standard. Miller v. When expert testimony is proffered.

Defendant was the car's sole occupant. Defendant produced a driver's license and explained that the car was rented. Testified that based on his training and experience the packaging appeared consistent with the way drugs are transported on interstate highways. He stated that he had

At trial. Lang's theft was aberrant behavior given her education and employment history. We must consider whether the factors the district court relied upon were authorized under section 3553(b) and justified by the facts of the case.

In June 1997. That she believed her injury was work related. Testified that Bones never told her that her elbow injuries were work related. His notes indicate that her elbow condition was non occupational. Steelman recommended accommodations for Bones' elbow condition with which McFadden complied.

Bones was granted several short term disability leaves for elbow related reasons at various times throughout 1997 and 1998.

Petitioner Peter C. 2254(d) to the state court decision.

On July 16. He was also sentenced to unsupervised release for three years upon release from prison and payment of a $100 special assessment. Appellate counsel advises there are no meritorious grounds to proceed on appeal. Silva filed a pro se brief opposing his counsel's claim that his appeal was without merit.

We are asked to review both the district court's dismissal of the outrageous conduct claim against Mr. Riske worked at King Soopers for about twenty years and was a bakery manager for about twelve of those years.

Defendant was charged with violating the Deadbeat Parents Punishment Act (

The evidence at trial was as follows. They were entered into evidence. The second ring was a gold nugget with seven small diamonds. Helms was unable to testify to the identity of her assailant.

Only the testimony of two witnesses Cheavel Cortez Lloyd and Albert Lee Brown. Jr. linked Petitioner to the stolen rings.

Randy Alan Willinger appeals from the district court's denial of relief under 28 U.S.C.

Ronny Jonathan Rantung and Barisan Grac Pitu Napitupulu petition. The IJ's determination that petitioners were ineligible for asylum because their application was untimely. We deny the petition for withholding of removal under the INA.

Petitioner Jemila E. We reject these contentions and deny the petition for review.

Petitioner is a citizen of Ethiopia. She alleged she is a member of the All Amharic People's Organization (AAPO). After which she was arrested and detained for twenty days under abusive conditions. She was unable to provide. The BIA

Rodger and Jeanette Mathis filed this action in Wyoming state court challenging the Internal Revenue Service (IRS) levying funds in their bank accounts. We have appellate jurisdiction to review both the district court's January 28. Was sufficient to vest this court with jurisdiction to review both district court decisions.

We. The Mathises assert the district court's conclusion that removing this state court action to federal court was proper was inconsistent with its then dismissing those claims. Are not inconsistent. See. Was proper. See id.. The Mathises had the burden of establishing that the United States had waived its sovereign immunity and was. The judgment of the district court is. Is DENIED. The mandate shall issue forthwith.

Entered for the Court

Harold G. Concluding his Apprendi claims were barred. Which determined Apprendi is not retroactively applicable to habeas petitions. See Clayton II. Clayton's term of imprisonment is based on a sentencing range subsequently reduced by the Sentencing Commission. The reduction is consistent with the applicable policy statement. Explicitly states which amendments are covered. Which applies only to situations where a sentencing range is lowered.

Mr. He contends Amendment 613 should be given retroactive application because it is a

Edward Smith is a disability claimant who filed an application for benefits alleging disability due to radiating back pain. Smith's claim was initially denied. We determine whether the Commissioner's factual findings are supported by substantial evidence in light of the entire record and whether she applied the correct legal standards. Threet v. Though x rays showed that the fusion was solid and examination indicated good leg strength. Smith was

In October 2000. Tedford was sentenced to a thirty six month term of imprisonment and a sixty month term of supervised release.

Tedford began serving her term of supervised release on September 16. (4) she had continued a relationship with a convicted felon.

A final hearing and sentencing on the revocation petition was held on June . We will not reverse if it can be determined from the record to have been reasoned and reasonable.

Claimant was last insured for disability benefits on March 31. Reported that there was a strong possibility claimant would require neurosurgery for these problems.

Claimant's application was initially denied in 1997. After it was denied administratively and upon reconsideration. An administrative hearing was held in November 1997. The ALJ determined that the claimant was capable of making a vocational adjustment to certain sedentary jobs in the national economy. Concluded at step five of the five step sequential process used to evaluate a disability claim that claimant was not disabled. See Williams v. 750 52 (10th Cir. 1988) (detailing steps).

The ALJ's decision was remanded by the Appeals Council. Determine when claimant last engaged in substantial gainful activity.

A supplemental administrative hearing was held before another ALJ in May .

Mr. P. 11(c)(1)(C)

Plaintiff Carlton Fowler appeals from the entry of summary judgment for defendants in this prison civil rights suit. We affirm.

Plaintiff claims defendants were deliberately indifferent to serious medical needs relating to back pain he has endured throughout his present incarceration. The pertinent factual background begins when plaintiff was taken into custody and processed at the Lexington Assessment and Reception Center in March 1996. His medical history was taken and he reported recurrent back pain. There is no indication of any treatment or accommodation required at that time. He re injured his back and was prescribed medication. He was transferred to the Cimarron Correctional Facility (CCF). The health summary prepared when plaintiff was received at the JDCC thus noted no restrictions on bunk assignment. Plaintiff was assigned a lower bunk in the orientation building. He was then placed in a prison dormitory and assigned an upper bunk.

JDCC physician Tom Hodge examined plaintiff a week later pursuant to his request for a medically based reassignment to a bottom bunk.

Plaintiff Andrew W. The device was removed without Mr. Marr filed criminal complaints against the Holdens and Environmental Thermal Systems Inc. alleging they were responsible for the theft of the device. The state court actions were settled in June 1997.

In 2003. Marr contends that his claims have merit. Which is ongoing.

We review the district court's order dismissing an action on statute of limitations grounds de novo. Although we will not

The district court found that Sam's gasoline operations were

Petitioner appellant Eugene Robert Snyder was convicted by an Oklahoma state court jury of robbery with a firearm after former conviction of two or more felonies. 2003 at 1 2.

Plaintiffs. The defendants are a state trial judge and an attorney who participated in a 2001 state court proceeding in Washington County. Plaintiffs were subsequently evicted from the property in 1994 pursuant to a quiet title action filed by the purchasers (Schraders). That action was also presided over by Judge Lanning. There is no indication plaintiffs appealed that decision.

Shortly after their state court action was dismissed. Holding that Judge Lanning was absolutely immune for his actions in the prior court proceedings. That Judge Lanning was entitled to Eleventh Amendment immunity for any claims brought against him in his official capacity. P. 60(b)(4) and alleging the district court lacked jurisdiction to enter its judgment because the judge was

Congress's concerns [in instructing the United States Sentencing Commission to mandate sentence enhancements for the use of computers to commit child pornography related offenses] were not limited to a pedophile's ability to use a computer to directly contact increased numbers of children via the internet. It appears Congress was not merely interested in punishing specific ways of using a computer to lure young victims. For the verb

David Rojas Muniz was arrested at his home on December 11. The cards were later determined to be counterfeit. Rojas Muniz was charged with two counts of knowingly possessing counterfeit documents in violation of 18 U.S.C.

Defendant Appellant Kurt Merriam entered a conditional plea of guilty to one count of possession of a firearm by a felon in violation of 18 U.S.C.

Plaintiff Karen Williamson. That plaintiff is complaining about the foreclosure of her timeshare property for failure to make payments. Because the complaint is replete with incomplete and unintelligible sentences. It is not possible to determine with any certainty the nature of plaintiff's allegations or claims. She does not explain how any of the listed statutes were allegedly violated. 47 (1957) (complaint must provide 'a short and plain statement of the claim' that will give the defendant fair notice of what the plaintiff's claim is and the grounds upon which it rest.

Plaintiff Appellant Thomas Jackson's appeal presents two issues. Was a regular volunteer at Pioneer Valley Hospital (

The parties are familiar with the facts and we need not restate them here. See generally United States v. (3) the general court martial was without jurisdiction because the military judge was not a member in good standing of a state bar. Rather was an inactive member.

Our jurisdiction arises under 28 U.S.C.

David Novak. The district court noted that it had previously explained to Novak that the cases then pending in the Tenth Circuit were entirely distinct from the appeal pending before the district court. Because Novak had offered no valid excuse for his failure to prosecute this case and because there were no valid grounds for reversing the bankruptcy court's order. Novak's sole contention is that the district court was wrong in asserting that it had previously indicated that this case was independent of the cases before the Tenth Circuit and that the district court had a duty to clear up the confusion. Novak's contention is not borne out by the record. The district court specifically informed Novak that this case was unrelated to the two cases that were pending before this court and further informed Novak that all further pleadings in this case should reflect the proper case number. Novak is simply wrong in asserting that he was never informed that this case was separate from other bankruptcy matters pending on appeal before this court.

Defendant James A. 1291 and affirm.

The essential facts are not in dispute. The warrant was silent as to whether officers were to knock and announce. The officers were wearing clothing that clearly identified them as officers. Testified that the decision to make a no knock entry was based on two concerns: (1) because of the commotion in the driveway. Lyon testified that

On February 20. Which we have reviewed. He was convicted before a general court martial of numerous offenses and was sentenced to a term of 3140 days of confinement. As is proper in the case of a

We have jurisdiction over this appeal by virtue of 28 U.S.C.

The jury commenced its deliberations on September 19. A conference regarding that particular question was held at 9:05 a.m. on September 20th. Claiming that

Petitioner appellant Thomas J. Clardy asserts (1) that the Kansas state court erred in denying him access to records to prove that the child's mother was about to lose custody and had a motive to fabricate the story of sexual abuse because she saw Mr. . (2) that the Kansas state court erred in ruling that evidence that the child was undergoing counseling for previous sexual abuse. Which might have accounted for her knowledge of a type of sexual activity. Was barred by application of the state's rape shield law.

On appeal in federal court. Clardy's second argument as presented in his brief on appeal would have a constitutional dimension. We hold that Clardy's argument is without merit. We affirm the district court's denial of a writ of habeas corpus.

I.

Mr. Where are you at? It will be here in a little bit.

Claimant Michele T. After the Commissioner notified her that she was no longer considered disabled. She asserted that her mental disorders were disabling. Weiss' lupus was in remission and that her mental impairments did not significantly erode her capacity to perform sedentary work. (2) the ALJ should have obtained evidence from a vocational expert. (4) the ALJ erroneously applied the medical improvement standard because the evidence did not demonstrate that her medical condition had improved.

We review the Commissioner's decision to determine whether it is supported by substantial evidence and whether correct legal standards were applied. Glenn v. The Commissioner's decision to terminate benefits must be based on

a finding that the physical or mental impairment on the basis of which such benefits are provided has ceased. Or is not disabling [and must be] supported by

Our review of the Commissioner's decision is limited to determining whether the correct legal standards were applied and whether the Commissioner's factual findings are supported by substantial evidence in the record. Doyal v.

Petitioner Milton Walden. Walden further told his wife that if such phone calls were unsuccessful. The incident report was automatically referred to a disciplinary hearing officer (DHO) for disposition. Walden appeared in person and was represented by a staff member.

Appellant Patrick Scott Azure is a federal prisoner appearing pro se. While he was free on bail on state drug charges in January 2001. He was charged with two federal firearms offenses. His bail was revoked on February 28. His federal sentence was ordered to run concurrently with the undischarged portion of his previously imposed state sentence. That he is entitled to immediate release. He maintains that he is entitled to federal credit for all time served after revocation of his state bail and before his federal sentence was imposed. That is entitled to immediate release. Drug paraphernalia were seized. Appellant was charged with two counts of drug trafficking and. Was released on bail on December 5. While he was out on bail. This shotgun was not one of the guns the State of Wyoming had found and seized earlier. His bail was revoked on February . He was returned to state custody in the county jail. Was sentenced to