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| Fleeger v. Principi, No. 05-5250,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, March 7, 2007, Filed
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Overview: The judgment dismissing an employee's Title VII retaliation claim and her Whistleblower Protection Act of 1989 (WPA) claim was affirmed because the employee failed to engage in activity protected under Title VII and the employee failed to exhaust her administrative remedies with respect to her WPA claim.
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| Horne v. United States, No. 06-3406,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, March 7, 2007, Filed
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Overview: District court correctly awarded summary judgment in favor of correctional officer because inmate failed to exhaust his administrative remedies with respect to his claim against officer; U.S. was properly granted summary judgment on inmate's FTCA claim because inmate failed provide requisite affidavit of merit under N.J. Stat. Ann. § 2A:53A-27.
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| Jian Ming Wu v. AG of the United States, No: 05-4714,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, March 7, 2007, Opinion Filed
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Overview: Alien's petition for review was denied because record supported IJ's negative credibility finding relating to the alien's testimony about his parents, and even if testimony were true, alien failed to establish persecution under 8 U.S.C.S. §§ 1101(a)(42)(A), 1158(a), as he did not practice Falun Gong in China and only practiced it in U.S.
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| Kusuma v. AG of the United States, Case No.: 05-5369,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, March 7, 2007, Filed
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Overview: Substantial evidence supported IJ's denial of alien's request for withholding of removal pursuant to 8 U.S.C.S. § 1231(b)(3) because testimonial inconsistencies, primarily omission of rape allegation from alien's application and alien's inability to offer plausible reason for omission, "struck at heart" of alien's credibility.
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| Scibelli v. Leb. County, NO. 06-3404,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, March 7, 2007, Filed
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| Simon v. Robinson, NO. 06-4663,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, March 7, 2007, Filed
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Overview: District court properly refused to take action on former inmate's Fed. R. Civ. P. 60(b) motion because it violated a portion of district court's order that forbade filing without leave of court any further pleadings arising out of same facts, and he did not certify submission as compliant with enumerated conditions of district court's order.
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| United States v. Abuhouran, No. 06-3460,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, March 7, 2007, Filed
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Overview: Defendant's motion for early termination of supervised release under 18 U.S.C.S. § 3583(e) was properly denied because at sentencing, district court considered her account of her difficult incarceration after fleeing from U.S., her development of serious health problems, and her voluntary return to U.S. to be held accountable for her actions.
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| United States v. Coleman, No. 05-4118,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, March 7, 2007, Filed
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Overview: District court properly denied appellant's 28 U.S.C.S. § 2255 habeas petition because district court had authority to raise issue of retroactivity of Crawford sua sponte, and further, the rule of Crawford was not a watershed rule of criminal procedure to be applied retroactively.
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| United States v. Fisher, No. 05-5353,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, March 7, 2007, Filed
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Overview: District court properly limited scope of hearing on remand to issue of establishing payment schedule for total required restitution under 18 U.S.C.S. § 3664(f)(1)(A)(2) because it erred in failing to set payment schedule and matter was remanded for correction of that error; it would have been error for district court to revisit restitution amount.
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