District Court

MEMORANDA AND ORDERS

JULY 31, 2024

BY SLOMSKY, J.

USA v. Lloyd; 21-081; Defendant�s Motions to Vacate, Set Aside, or Correct a Sentence Pursuant to 28 U.S.C. � 2255 (Doc. Nos. 66, 71) will be denied. The Court will not hold an evidentiary hearing and will not issue a certificate of appealability.

USA v. Furxhiu; 24-224; The foregoing reasons, upon the Court�s de novo review of the Magistrate Judge�s Detention Order, the Court will grant Defendant�s request for Pretrial Release (Doc. No. 14). An appropriate Order with the following conditions of bail will be issued.

BY KENNEY, J.

Talbert v. Harry et al; 22-2011; The foregoing reasons, petitioner�s motion is DENIED. Petitioner may proceed by filing a new habeas petition.

BY KEARNEY, J.

Burgo v. Boulevard Autogroup, LLC; 23-3187; We deny Boulevard Autogroup�s Motion for judgment as a matter of law or motion for new trial. We deny its request for remittitur.

BY MURPHY, J.

Miller et al v. Chester County Commissioners, County of Chester et al; 23-4192; The foregoing reasons, we will dismiss with prejudice Mr. Miller�s claims against CCP and his official capacity claims against the individual Defendants. Mr. Miller�s Fourteenth Amendment deliberate indifference claims, his claims asserted pursuant to Monell, and his claims asserted under the ADA and the RA will be served for a responsive pleading.

BY REID, J.

Michael S. v. O�Malley; 23-4274; In accordance with the above discussion, I conclude that the Plaintiff�s Request for Review should be denied, and judgment entered in favor of the Commissioner.

BY SAVAGE, J.

Diaz v. Empire Fire and Marine Insurance Company et al; 24-1549; There is diversity of citizenship and the amount in controversy exceeds $75,000.00, we have subject matter jurisdiction. Therefore, the motion to remand shall be denied.

BY PAPPERT, J.

Alvarez v. City of Phila et al; 24-3127; The foregoing reasons, the Court grants Alvarez leave to proceed in forma pauperis and dismiss his Complaint.

BY GALLAGHER, J.

Westport Insurance Corporation v. McGogney et al; 22-2431; The Court finds that Westport has sufficiently established that it is entitled to declaratory relief against McGogney and that the Chamberlain factors support an entry of default judgment given the continued prejudice to Westport from McGogney�s failure to respond in any way to the Complaint or to this Motion. Accordingly, the motion for default judgment is granted.