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| Bradley v. O'Donoghue, No: 05-4246,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, January 10, 2007, Opinion Filed
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Overview: Where guardian claimed, inter alia, that the location of restaurant and the location of its driveway were dangerous conditions that led pedestrians into an intersection, but minor was merely passing through restaurant driveway, restaurant did not have a duty to minor; district court's grant of summary judgment in favor of restaurant was affirmed.
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| Chao Jiang v. AG of the United States, No. 06-4682,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, January 10, 2007, Filed
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Overview: Alien's second motion to reopen was properly denied because alien's allegations did not show that alien exercised due diligence in pursuing his claim as alien did not request copy of record under FOIA upon which second motion was based until years after his first motion to reopen was denied.
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| Ibarra-Villalva v. USP-Allenwood, No. 06-2723,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, January 10, 2007, Filed
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Overview: Inmate's appeal of the dismissal of his civil rights claims was dismissed under 28 U.S.C.S. § 1915(e)(2)(B), as his action was frivolous and failed to state a claim. The inmate's admissions contradicted claims that he had been deprived of food and bed linens, and a denial of requested medication did not amount to a constitutional violation.
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| In re Obi, No. 06-4906,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, January 10, 2007, Filed
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Overview: Alien's petition for writ of mandamus directing district court to dismiss criminal indictment charging him with violating 8 U.S.C.S. § 1253(a)(1)(B) on ground it was unlawful because of pending petition for review of removal order was denied as nothing prohibited issuance of indictment during judicial review of administrative proceedings.
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| Jakubowski v. Comm'r of Soc. Sec., No. 06-1377,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, January 10, 2007, Filed
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Overview: ALJ cited to specific medical evidence in his decision to support his finding that applicant's impairments were not severe, which established that ALJ's opinion on the severity of those impairments was supported by substantial evidence. Denial of applicant's DIB under Title II of the Social Security Act was affirmed.
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| Marks v. Marina Dist. Dev. Co., LLC, No. 05-3619,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, January 10, 2007, Filed
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Overview: There were no evidentiary errors that warranted reversal of a judgment in favor of a casino on casino patrons' tort claims arising from a detention by security personnel; an expert could not be questioned on redirect examination about a matter not raised on direct or cross-examination, and the patrons were not prejudiced by an unanswered question.
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| Plumbay v. AG of the United States, No. 05-4936,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, January 10, 2007, Filed
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Overview: Petition for review was denied. Substantial evidence supported IJ's adverse credibility finding. Although alien sought asylum and other relief based on political persecution, during post-detention interview she denied that she was threatened or mistreated in Albania. Alien gave significantly inconsistent statements about alleged abduction attempt.
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| Sepulveda v. Smith, No. 06-3147,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, January 10, 2007, Filed
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Overview: Inmate's § 2241 petition was properly denied as his claims that he could not make fair cross-selection challenge to jury because census statistics were not available and that trial counsel was ineffective for failing to request fees for expert investigation work and census statistics fell under § 2255 as they challenged validity of his conviction.
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| Smith v. Johnson, NO. 06-1674,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, January 10, 2007, Filed
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Overview: Because plaintiff's actions in filing a statement itemizing the relief she sought constituted a good faith attempt to comply with the district court's order directing her to submit a more specific statement of the relief requested, and given plaintiff's pro se status, it was improper for the district court to dismiss her complaint.
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