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Case TitleDavidson et al v. Federal Bureau of Prisons
DistrictEastern District of Kentucky
CityLexington
Case Number5:2015cv00351
Date Filed2015-12-01
Date Closed2017-03-31
JudgeJudge Joseph M. Hood
PlaintiffClifton B. Davidson
PlaintiffAlfred L. Jennings
Case DescriptionClifton Davidson and Alfred Jennings, two federal prisoners, complained that the federal correctional institution in Lexington, KY where they were incarcerated routinely underpaid them for their work. While the complaint is largely focused on the allegation that the prison underpaid inmates, Davidson also alleged that he submitted a FOIA request for documents concerning the prison's pay committee. He received some records but apparently was dissatisfied enough that he included the FOIA claim as one of eight claims in the lawsuit he and Jennings filed against the agency.
Complaint issues: FOIA mentioned only tangentially

DefendantFederal Bureau of Prisons
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Opinion/Order [52]
FOIA Project Annotation: A federal court in Kentucky has ruled that the Bureau of Prisons conducted an adequate search for records concerning the use of inmate trust funds for improving the dining facilities at the Federal Correctional Institution in Lexington in response to requests filed by inmates Clifton Davidson and Alfred Jennings. Both Davidson and Jennings filed grievances about the alleged misuse of prison trust funds and their FOIA requests related to those allegations. The court found that Davidson had failed to exhaust his administrative remedies in regard to his request for records specifically asking for records on the use of funds for the dining hall improvements. The agency told Davidson it had located 33 pages of responsive documents, but because they were not at the facility where they were supposed to be maintained, the agency told Davidson it found no records. He told the court that he appealed the decision to the Office of Information Policy in May 2015, but OIP found no record of an appeal until September 2015, far beyond the 60-day filing date requirement. Finding no reason to disbelieve OIP, the court pointed out that "the plaintiff does not demonstrate actual receipt merely by providing the Court with a copy of an appeal letter he claims to have mailed. Instead, more specific and detailed information is required, such as a certified mail receipt showing delivery, tracking information, and the recipient's signature. Without such evidence of actual receipt by the agency, a FOIA plaintiff fails to rebut presumptively-accurate government records indicating that no such documents were received, and the agency has satisfied its burden to demonstrate that the requester failed to exhaust administrative remedies." Davidson claimed the search was inadequate because the agency had not searched for records in the Lexington facility. The court disagreed, noting that "the question in a FOIA action is not whether the responding agency could have done more, but whether the search it did conduct was reasonable. . . At bottom, Davidson simply disagrees with the BOP staff charged with maintaining these documents about where they were likely to be found. Given the strong presumption of good faith to be afforded to an agency's search for records under FOIA, Davidson has failed to demonstrate the BOP's bad faith in responding to his FOIA request."
Issues: Adequacy - Search
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2015-12-011COMPLAINT, filed by Clifton B. Davidson (pro se), Alfred L. Jennings (pro se). (Attachments: # 1 cover ltr, # 2 env dated 11/27/15)(KJR) (Entered: 12/01/2015)
2015-12-01IMPORTANT NOTICE - PRIVACY RULES and REDACTION POLICY: F.R.Civ.P. 5.2 requires that personal identification information must be partially redacted from documents filed with the court. Click here for more information on the rules. It is the sole responsibility of counsel and the parties to comply with the rules requiring redaction of personal data identifiers. cc: COR (KJR) (Entered: 12/01/2015)
2015-12-01Conflict Check run. (KJR) (Entered: 12/01/2015)
2015-12-01***FILE SUBMITTED TO CHAMBERS of PSO for review: 1 Complaint (KJR) (Entered: 12/01/2015)
2016-01-113ORDER: 1) Clerk shall mark the assigned case number on (1) two Form AO-240, (2) two EDKy Form 523 and forward them to plas. 2) W/in 28 days, plas must either pay the $350 filing fee or complete and file these forms. Signed by Judge Joseph M. Hood on 1/11/2016.(SCD)cc: Pro Se Pla via US Mail w forms (Entered: 01/11/2016)
2016-01-144Letter from Clifton Davidson (pro se) requesting forms. Clerk mailed additional copies of AO-240 and EDKy Form 523 as per the 3 Order on 1/14/2016. (Attachments: # 1 Letter from Dec. 8th, # 2 Envelope, no postmark)(AWD) (Entered: 01/14/2016)
2016-01-275NOTICE to Court Regarding Filing of In Forma Pauperis Pleadings by Clifton B. Davidson, Alfred L. Jennings (Pro Se Plaintiffs). (Attachments: # 1 Exhibit A - Letter dated 12/8/2016, # 2 Cover Letter and Envelope (No Postmark))(SCD) (Entered: 01/27/2016)
2016-01-276MOTION for Leave to Proceed in forma pauperis by Clifton B. Davidson (Pro Se). (Was received in same envelope as DE 5 ) Motions referred to P SO. (SCD) Modified on 1/27/2016 (SCD). (Entered: 01/27/2016)
2016-01-277Prisoner Trust Fund Account Statement by Clifton B. Davidson (Pro Se). (SCD) (Entered: 01/27/2016)
2016-01-278MOTION for Leave to Proceed in forma pauperis by Alfred L. Jennings (Pro Se). (Was received in same envelope as DE 5 )Motions referred to P SO. (SCD) (Entered: 01/27/2016)
2016-01-279Prisoner Trust Fund Account Statement by Alfred L. Jennings (Pro Se). (SCD) (Entered: 01/27/2016)
2016-01-27***MOTION SUBMITTED TO PSO for review: re 6 MOTION for Leave to Proceed in forma pauperis by Clifton B. Davidson, and, 8 MOTION for Leave to Proceed in forma pauperis by Alfred L. Jennings (SCD) (Entered: 01/27/2016)
2016-02-0410ORDER: 1) 6 Motion for Leave to Proceed in forma pauperis and 8 Motion for Leave to Proceed in forma pauperis are GRANTED. 2) W/in 28 days pla Davidson must pay $27.23. 3) W/in 28 days, pla Jennings must pay $15.20. 4) Clerk shall open an acct for each pla. Clerk shall complete a separate Form EDKy 525 for each pla. Clerk shall send a copy of this Order and both forms to warden. 5) After initial fees have been paid, send payments. 6) Custodian shall continue until total paid. 7) Clerk shall prepare 3 service packets for Atty Gen, BOP, and US Atty. 8) Clerk shall send the packets to USM. 9) USM shall serve dft by sending a service packet by certified or registered mail to US Atty, US Atty Gen and BOP. 10) Each pla must advise Clerk of change in mailing address. 11) If plas seek relief from Court, file formal motion. Signed by Judge Joseph M. Hood on 2/4/2016. (Attachments: # 1 EDKy 525 for pla Davidson, # 2 EDKy 525 for pla Jennings) (SCD)cc: F,USM,Plas(via US Mail),Warden(via US Mail w forms) Modified on 2/4/2016 (SCD). (Entered: 02/04/2016)
2016-02-0411Summons Issued as to Federal Bureau of Prisons, U.S. Attorney and U.S. Attorney General. Summons issued and delivered to U.S. Marshal for service (SCD) (Entered: 02/04/2016)
2016-02-1912MOTION to Voluntarily Dismiss His Portion of the Action by Alfred L. Jennings (Pro Se). Motions referred to P SO. (Attachments: # 1 Cover Letter and Envelope (Postmark Illegible))(SCD) Modified motion text on 2/19/2016 (SCD). (Entered: 02/19/2016)
2016-02-19***MOTION SUBMITTED TO PSO for review: re 12 MOTION to Voluntarily Dismiss His Portion of the Action by Alfred L. Jennings (SCD) (Entered: 02/19/2016)
2016-02-2613SUMMONS Returned Executed via USM to Federal Bureau of Prisons served on 2/16/2016. Service to U.S. Attorney executed via USM on 2/10/2016; Service to U.S. Attorney General executed via USM on 2/17/2016. (SCD) (Entered: 02/26/2016)
2016-02-2914NOTICE Regarding Payment of Initial Installment of Filing Fee by Clifton B. Davidson (pro se). (Attachments: # 1 env - no postmark)(KJR) (Additional attachment(s) added on 2/29/2016: # 2 cover ltr) (KJR). (Entered: 02/29/2016)
2016-02-2915ORDER: It is ordered that 12 Motion to Voluntarily Dismiss His Portion of the Action is DENIED. Signed by Judge Joseph M. Hood on 2/29/2016. (SCD)cc: Pro Se Plas via US Mail (Entered: 02/29/2016)
2016-03-0316MOTION for Extension of Time by Federal Bureau of Prisons TO ANSWER OR OTHERWISE RESPOND Motions referred to P SO. (Attachments: # 1 Proposed Order)(Fleming, Tiffany) (Entered: 03/03/2016)
2016-03-04***MOTION SUBMITTED TO PSO for review: re 16 MOTION for Extension of Time TO ANSWER OR OTHERWISE RESPOND by Federal Bureau of Prisons (SCD) (Entered: 03/04/2016)
2016-03-0417ORDER: The 16 MOTION for Extension of Time TO ANSWER OR OTHERWISE RESPOND is GRANTED and it is ORDERED that Dft will have until and including 4/11/2016, in which to file its Answer or other responsive pleading herein. Signed by Judge Joseph M. Hood on 3/4/2016.(SCD)cc: COR,Pro Se Plas(via US Mail) (Entered: 03/04/2016)
2016-03-1518MOTION for Clerk to Forward Acknowledgment of Receipt of Initial Filing Fee Paid by Clifton B. Davidson (Pro Se), Alfred L. Jennings (Pro Se). Motions referred to P SO. (Attachments: # 1 Exhibit - Letter dated 2/22/2016, # 2 Proposed Order, # 3 Cover Letter and Envelope (No Postmark))(SCD) (Entered: 03/15/2016)
2016-03-15***MOTION SUBMITTED TO PSO for review: re 18 MOTION for Clerk to Forward Acknowledgment of Receipt of Initial Filing Fee Paid by Clifton B. Davidson, Alfred L. Jennings (SCD) (Entered: 03/15/2016)
2016-03-1819ORDER: It is ordered that 18 Motion requesting proof of payment of the two assessed initial partial filing fees is GRANTED. Clerk SHALL SEND a copy of this Order and the 2/26/2016 Case Inquiry Report to Plas at their address of record. Signed by Judge Joseph M. Hood on 3/18/2016. (Attachments: # 1 Case Inquiry Report) (SCD)cc: COR,Pro Se Plas(via US Mail) (Entered: 03/18/2016)
2016-04-1120MOTION to Dismiss for failure to state a claim by Federal Bureau of Prisons or, in the alternative , MOTION for Summary Judgment by Federal Bureau of Prisons Motions referred to P SO. (Attachments: # 1 Memorandum in Support, # 2 Declaration of Joshua C. Billings, # 3 Declaration of Alex White, # 4 Proposed Order)(Fleming, Tiffany) Modified on 4/12/2016 (SCD). (Entered: 04/11/2016)
2016-04-12NOTICE OF DOCKET MODIFICATION TO Tiffany Fleming re 20 MOTION to Dismiss for failure to state a claim or, in the alternative MOTION for Summary Judgment: Error: attachments were insufficiently described as "Affidavit." Entry by attorney; Correction: the Clerk renamed the attachments. Attachments must be adequately described. Example: Exhibit A (incorrect); Exhibit A Affidavit of John Doe (correct). No further action required by counsel. cc: COR (SCD) (Entered: 04/12/2016)
2016-04-1221ORDER: 1) W/in 21 days, Plas must file a response to 20 MOTION to Dismiss for failure to state a claim or, in the alternative MOTION for Summary Judgment. 2) If Plas file a response, BOP must file a reply w/in 14 days of the date on which Plas file their response. Signed by Judge Joseph M. Hood on 4/12/2016.(SCD)cc: COR,Plas(via US Mail) (Entered: 04/12/2016)
2016-04-1422MOTION for Order to Show Cause by Clifton B. Davidson (Pro Se), Alfred L. Jennings (Pro Se). Motions referred to P SO. (Attachments: # 1 Exhibit - Letters, # 2 Cover Letter and Envelope (Postmark 4/13/2016))(SCD) (Entered: 04/14/2016)
2016-04-2123MOTION for Extension of Time to File Response as to 20 MOTION to Dismiss for failure to state a claim by Clifton B. Davidson, Alfred L. Jennings (pro se). Motions referred to P SO. (Attachments: # 1 cover ltr, PO, env no postmark)(KJR) (Entered: 04/21/2016)
2016-04-21***MOTION SUBMITTED TO PSO for review: re 23 MOTION for Extension of Time to File Response/Reply as to 20 MOTION to Dismiss for failure to state a claim by Federal Bureau of Prisons or, in the alternative MOTION for Summary Judgment by Federal Bureau of Prisons by Clifto (KJR) (Entered: 04/21/2016)
2016-04-2224ORDER: (1) DENYING pla's 22] MOTION for Order to Show Cause; (2) GRANTING pla's 23 MOTION for Extension of Time to File Response re 20 MOTION to Dismiss for failure to state a claim or, in the alternative MOTION for Summary Judgment; (3) plas have until 5/18/16 to file a response to USA's 20 MOTION to Dismiss for failure to state a claim or, in the alternative MOTION for Summary Judgment. Signed by Judge Joseph M. Hood on 4/22/16.(KJR)cc: COR (Entered: 04/22/2016)
2016-05-1325NOTICE Regarding Motions by Clifton B. Davidson (Pro Se), Alfred L. Jennings (Pro Se). (Attachments: # 1 Cover Letter and Envelope)(SCD) (Entered: 05/13/2016)
2016-05-13Clerk's Note re 25 Notice: Clerk has forwarded a copy of DE 24 Order to the Pro Se Plas via US Mail. (SCD) (Entered: 05/13/2016)
2016-05-13***FILE SUBMITTED TO PSO for review: 25 Notice Regarding Motions (SCD) (Entered: 05/13/2016)
2016-05-1626MOTION for Second Extension of Time to File Response as to 20 MOTION to Dismiss for failure to state a claim by Clifton B. Davidson (Pro Se). Motions referred to P SO. (Attachments: # 1 Envelope (Postmark 5/12/2016))(SCD) (Entered: 05/16/2016)
2016-05-16***MOTION SUBMITTED TO PSO for review: re 26 MOTION for Second Extension of Time to File Response (SCD) (Entered: 05/16/2016)
2016-05-1727ORDER: (1) 26 Motion for Extension of Time is DENIED. (2) In addition to a copy of this order, Clerk shall send both Davidson and Jennings the following: (i) another copy of DE 24 and (ii) copy of docket sheet current through this date. Signed by Judge Joseph M. Hood on 5/17/2016. (SCD)cc: COR,Pro Se Plas(via US Mail w documents) (Entered: 05/17/2016)
2016-05-2728NOTICE to Court Regarding the Mailing of Their Response to the BOP's Motion for Summary Judgment by Clifton B. Davidson (Pro Se), Alfred L. Jennings (Pro Se). (Attachments: # 1 Exhibit - Request to Mail, # 2 Cover Letter and Envelope (Postmark 5/25/2016))(SCD) (Entered: 05/27/2016)
2016-05-3129NOTICE to Court Regarding Submission of Statement of Staffer by Clifton B. Davidson (Pro Se), Alfred L. Jennings (Pro Se). (Attachments: # 1 Exhibit - Letter, # 2 Cover Letter and Envelope)(SCD) (Entered: 05/31/2016)
2016-06-0330MOTION for Extension of Time to File Response by Clifton B. Davidson (Pro Se), Alfred L. Jennings (Pro Se). (Styled as "Plaintiffs' Motion for Acceptance of Their Response Out of Time") Motions referred to P SO. (Attachments: # 1 Proposed Order, # 2 Tendered Response, # 3 Exhibit Index (to Response), # 4 Exhibit 1 - 19 (to Response), # 5 Exhibit 20-49 (to Response), # 6 Exhibit 50-60 (to Response), # 7 Exhibit - Declarations (to Resonse), # 8 Cover Letter, Mailing Request, Envelope (No Postmark))(SCD) (Additional attachment(s) added on 6/3/2016: # 9 Proposed Order (to the Response)) (SCD). (Entered: 06/03/2016)
2016-06-0331MOTION for Leave to File Excess Pages by Clifton B. Davidson (Pro Se), Alfred L. Jennings (Pro Se). (Was received in same envelope as DE 30 ) Motions referred to P SO. (Attachments: # 1 Proposed Order)(SCD) (Entered: 06/03/2016)
2016-06-0332MOTION to Strike Declaration of Alex White (located at DE 20 ) by Clifton B. Davidson (Pro Se), Alfred L. Jennings (Pro Se). (Was received in same envelope as DE 30 ) Motions referred to P SO. (Attachments: # 1 Proposed Order)(SCD) (Entered: 06/03/2016)
2016-06-03***MOTION SUBMITTED TO PSO for review: re 30 MOTION for Extension of Time to File Response, and, 31 MOTION for Leave to File Excess Pages by Clifton B. Davidson, Alfred L. Jennings (SCD) (Entered: 06/03/2016)
2016-06-0933ORDER: (1) 30 Motion for Extension of Time is GRANTED. (2) 31 Motion for Leave to File Excess Pages is GRANTED and the Clerk shall file their tendered response in the record. (3) Plas are advised that once the USA files its Reply to 20 Motion to Dismiss, the briefing on that motion will be CLOSED and the Motion submitted to Court for review. If Plas tender, file, or submit any further pleadings regardless of the label applied which addresses Dfts' Motion to Dismiss before or after the USA files its Reply, the Court will strike such submission(s) from the record and will not consider such filed or tendered submission(s). (4) Dft and Plas may file a Response/Reply if desired to Plas' 32 Motion to Strike. File response w/in 21 days of service of Plas' motion, file any reply w/in 14 days of service of any response. Memo shall comply w page limits set forth in Local Rule. Motion to Strike remains pending at this time. Signed by Judge Joseph M. Hood on 6/9/2016. (SCD)cc: COR,Pro Se Plas(via US Mail) (Entered: 06/09/2016)
2016-06-0934RESPONSE to Motion re 20 MOTION to Dismiss for failure to state a claim or, in the alternative MOTION for Summary Judgment filed by Clifton B. Davidson (Pro Se), Alfred L. Jennings (Pro Se). (Attachments: # 1 Exhibit Index, # 2 Exhibits 1-19, # 3 Exhibits 20-49, # 4 Exhibits 50-60, # 5 Exhibit - Declarations, # 6 Proposed Order)(SCD) (Filed pursuant to DE 33 Order) (Entered: 06/09/2016)
2016-06-2235MOTION for Extension of Time to File Response and Reply as to 32 MOTION to Strike Declaration of Alex White and 20 MOTION to Dismiss for failure to state a claim or, in the alternative MOTION for Summary Judgment by Federal Bureau of Prisons. Motions referred to P SO. (Attachments: # 1 Proposed Order)(Fleming, Tiffany) Modified text on 6/23/2016 (SCD). (Entered: 06/22/2016)
2016-06-23***MOTION SUBMITTED TO PSO for review: re 35 MOTION for Extension of Time to File Response and Reply (SCD) (Entered: 06/23/2016)
2016-06-2936ORDER: 1) 35 MOTION for Extension of Time is GRANTED. 2) Dft shall file its response to 32 MOTION to Strike and its reply to 20 MOTION to Dismiss on or before 6/30/2016. 3) Court's prior 33 Order shall remain in effect in all other respects. Signed by Judge Joseph M. Hood on 6/29/2016.(SCD)cc: COR,Pro Se Plas(via US Mail) (Entered: 06/29/2016)
2016-06-3037RESPONSE to Motion re 32 MOTION to Strike 20 MOTION to Dismiss for failure to state a claim by Federal Bureau of Prisons or, in the alternative MOTION for Summary Judgment by Federal Bureau of Prisons by Clifton B. Davidson, Alfred L. Jennings filed by Federal Bureau of Prisons. (Attachments: # 1 Exhibit A- Declaration of Melissa Dobroski, # 2 Exhibit B- Declaration of Christine Barglof, # 3 Proposed Order)(Fleming, Tiffany) (Entered: 06/30/2016)
2016-06-3038REPLY to Response to Motion re 20 MOTION to Dismiss for failure to state a claim by Federal Bureau of Prisons or, in the alternative MOTION for Summary Judgment by Federal Bureau of Prisons filed by Federal Bureau of Prisons. (Attachments: # 1 Exhibit Fiduciary Obligations Regarding Prison Commissary Fund, # 2 Exhibit BOP Circular 2244)(Fleming, Tiffany) (Entered: 06/30/2016)
2016-07-01***MOTION SUBMITTED TO CHAMBERS of PSO for review: re 20 MOTION to Dismiss for failure to state a claim by Federal Bureau of Prisons or, in the alternative MOTION for Summary Judgment by Federal Bureau of Prisons (SCD) (Entered: 07/01/2016)
2016-07-1339REPLY to Response to Motion re 32 MOTION to Strike Declaration of Alex White filed by Clifton B. Davidson (Pro Se), Alfred L. Jennings (Pro Se). (Attachments: # 1 Cover Letter and Envelope (Postmark Illegible))(SCD) (Entered: 07/13/2016)
2016-07-13***MOTION SUBMITTED TO PSO for review: re 32 MOTION to Strike Declaration of Alex White by Clifton B. Davidson, Alfred L. Jennings (SCD) (Entered: 07/13/2016)
2016-07-1940MOTION for Recusal (Motion for New Judge) by Clifton B. Davidson, Alfred L. Jennings, pro se. (Attachments: # 1 Affidavit, # 2 Certificate, # 3 Proposed Order, # 4 Cover letter, # 5 Envelope postmarked July 15 2016)(STC) (Entered: 07/19/2016)
2016-07-19***MOTION SUBMITTED TO PSO for review: re 40 MOTION for Recusal by Clifton B. Davidson, Alfred L. Jennings (STC) (Entered: 07/19/2016)
2016-08-0341VIRTUAL ORDER: Denying 40 Motion for Recusal. The plaintiff's dissatisfaction with a judge's judicial rulings is not grounds for recusal. Signed by Judge Joseph M. Hood on 8/3/2016. (SCD)cc: COR,Pro Se Plas(Via US Mail) (Entered: 08/03/2016)
2016-08-2242Copy of Petition for Writ of Mandamus filed with 6CCA by Clifton B. Davidson (Pro Se). (Attachments: # 1 Envelope (Postmark 8/18/2016))(SCD) (Entered: 08/22/2016)
2016-08-2543LETTER from 6CCA re filing of petition for writ of mandamus by Clifton Davidson. 6CCA Case No. 16-6308. (Attachments: # 1 Petition for Writ of Mandamus, # 2 Forms)(SCD) (Entered: 08/25/2016)
2016-09-0644Copy of LETTER by Clifton B. Davidson (Pro Se) to 6CCA. (Attachments: # 1 Envelope (Postmark 9/1/2016))(SCD) (Entered: 09/06/2016)
2016-10-1345NOTICE of Change of Address by Alfred L. Jennings (Pro Se). (Attachments: # 1 Cover Letter and Envelope (Postmark 10/11/2016))(SCD) (Entered: 10/13/2016)
2016-11-0446MOTION to Amend 1 Complaint by Clifton B. Davidson (Pro Se), Alfred L. Jennings (Pro Se). Motions referred to PSO. (Attachments: # 1 Exhibit - Letters, # 2 Proposed Order, # 3 Tendered Amended Complaint, # 4 Cover Letter and Envelope (Postmark11/2/2016))(SCD) (Entered: 11/04/2016)
2016-11-1047USCA Order re petition for writ of mandamus is DENIED. Motion to proceed in forma pauperis is DENIED as moot. (re DE 43 , 6CCA Case No. 16-6308) (Attachments: # 1 Letter (No Mandate to Issue))(SCD) (Entered: 11/10/2016)
2016-11-2548MOTION for Extension of Time to File Response/Reply as to 46 MOTION to Amend/Correct 1 Complaint by Clifton B. Davidson, Alfred L. Jennings by Federal Bureau of Prisons Motions referred to P SO. (Attachments: # 1 Proposed Order)(Fleming, Tiffany) (Entered: 11/25/2016)
2016-11-28***MOTION SUBMITTED TO PSO for review: re 48 MOTION for Extension of Time to File Response as to 46 MOTION to Amend 1 Complaint by Federal Bureau of Prisons (SCD) (Entered: 11/28/2016)
2016-12-0249RESPONSE to Motion re 46 MOTION to Amend/Correct 1 Complaint by Clifton B. Davidson, Alfred L. Jennings filed by Federal Bureau of Prisons. (Fleming, Tiffany) (Entered: 12/02/2016)
2016-12-0550ORDER: The 48 Motion for Extension of Time is GRANTED, nunc pro tunc, and it is ORDERED that the Dft will have through and including 12/2/2016 in which to file its Response to 46 Motion to Amend the Complaint. Signed by Judge Joseph M. Hood on 12/5/2016. (SCD)cc: COR,Pro Se Plas(via US Mail) (Entered: 12/05/2016)
2016-12-1351REPLY to Response to Motion re 46 MOTION to Amend/Correct 1 Complaint by Clifton B. Davidson, Alfred L. Jennings filed by Clifton B. Davidson, Alfred L. Jennings (pro se). (Attachments: # 1 cover ltr, env no postmarked)(KJR) (Entered: 12/13/2016)
2016-12-13***MOTION SUBMITTED TO PSO for review: re 46 MOTION to Amend/Correct 1 Complaint by Clifton B. Davidson, Alfred L. Jennings (KJR) (Entered: 12/13/2016)
2017-03-3152MEMORANDUM OPINION & ORDER: 1) 32 MOTION to Strike is DENIED. 2) 20 MOTION to Dismiss is GRANTED. 3) 1 Complaint is DISMISSED WITH PREJUDICE w respect to all matters asserted therein. 4) 46 Motion to Amend is DENIED. 5) Court will enter judgment. 6) This matter is STRICKEN from the active docket of the Court. Signed by Judge Joseph M. Hood on 3/31/2017.(SCD)cc: COR,Pro Se Plas(via US Mail) (Entered: 03/31/2017)
2017-03-3153JUDGMENT: 1) Plas' Complaint is DISMISSED WITH PREJUDICE w respect to all issues raised. 2) Judgment is ENTERED in favor of the dft. 3) This action is DISMISSED and STRICKEN from the Court's docket. 4) This is a FINAL and APPEALABLE Judgment and there is no just cause for delay. Signed by Judge Joseph M. Hood on 3/31/2017.(SCD)cc: COR,Pro Se Plas(via US Mail) (Entered: 03/31/2017)
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