4th U.S. Circuit Court of Appeals
For the second time, the appellant challenges the district court’s denial of his motion to compel the federal Bureau of Prisons to designate nunc pro tunc a state facility for service of his federal sentence under 18 U.S.C. § 3621(b). This designation would effectively run the appellant’s federal and state sentences concurrently rather than consecutively, allowing him to credit the time he spent in state prison serving his state sentence toward the previously imposed federal sentence that he had not yet served.
On the first remand, the Bureau denied the appellant’s request for a second time in a decision that contradicts this court’s earlier mandate to consider it. Therefore, on second remand, the district court shall direct the Bureau to reconsider the appellant’s request for nunc pro tunc designation.
U.S. District Court – Virginia Eastern
A pro se plaintiff must pay the defendant’s attorneys’ fees after not attending his properly noticed deposition and receiving adverse decisions on two motions to compel. Defense counsel reasonably spent 10.3 hours in connection with two motions to compel, resulting in approximately $2,850 in legal fees, with an additional $1,280 for the deposition. Although the deposition logistics were set unilaterally by the defendant, sanctions are appropriate due to the plaintiff’s non-cooperation and complete abandonment of the case.
In a case alleging that the defendant company illegally obtained consumer credit reports, the court declined to grant jurisdictional discovery on grounds that the plaintiffs’ justification was not asserted with sufficient specificity to merit access to the defendants’ documents. The plaintiffs’ allegations were too conclusory to show how preliminary discovery could be used to support the court’s jurisdiction.
Motion to dismiss granted.
Categories: Daily Dockets