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Case TitleApotosky v. Federal Bureau of Investigation et al
DistrictNorthern District of Ohio
CityYoungstown
Case Number4:2015cv01619
Date Filed2015-08-14
Date Closed2017-03-23
JudgeJudge Sara Lioi
PlaintiffWayne Apotosky
Case DescriptionWayne Apotosky, a federal prisoner, submitted a FOIA request to the FBI. The agency acknowledged receipt of the request, but after hearing nothing further from the agency, Apotosky filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Recovery of Costs

DefendantFederal Bureau of Investigation
DefendantDavid M Hardy
TERMINATED: 04/26/2016
DefendantDavid M Hardy
DefendantLoretta Lynch Attorney General Executive Office for United States
TERMINATED: 04/26/2016
DefendantLoretta Lynch Attorney General Executive Office for United States
DefendantUnited States of Amercia
DefendantSusan B. Gerson (EOUSA)
DefendantSusan B. Gerson (EOUSA)
TERMINATED: 04/26/2016
Documents
Docket
Complaint
Complaint attachment 1
Opinion/Order [56]
FOIA Project Annotation: A federal court in Ohio has ruled that the FBI conducted an adequate search for records concerning Wayne Apotosky's conviction for possession of child pornography and properly redacted the records under Exemption 7 (law enforcement records). Noting that the FBI's affidavits explaining its actions were far more detailed than Apotosky's, the court rejected his claims. The court observed that "plaintiff made no attempt to submit evidence to refute the FBI's declarations or to show any bad faith that might overcome the presumption afforded the declarations. He simply steadfastly disagrees with them. That is not enough."
Issues: Adequacy - Search, Exemption 7 - Law enforcement records
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2015-08-14Judge Sara Lioi assigned to case. (C,BA) (Entered: 08/14/2015)
2015-08-141Complaint against Federal Bureau of Investigation, David M Hardy, Loretta Lynch, United States of Amercia. Filing fee not paid. Filed by Wayne Apotosky. Copy to plaintiff. (Attachments: # 1 Civil Cover Sheet) (C,BA) (Entered: 08/14/2015)
2015-08-14Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge Kathleen B. Burke. (C,BA) (Entered: 08/14/2015)
2015-08-272Motion Under 5 USC § 552 Seeking Copies of Articles in Agency Files filed by Plaintiff Wayne Apotosky. (Attachments: # 1 Notice)(K,K) (Entered: 08/27/2015)
2015-10-023Letter from Wayne Apotosky regarding problems with docket and jury demand. (C,B) (Entered: 10/06/2015)
2015-10-024Amended Civil Cover Sheet. Related document(s) 1 . (C,B) (Entered: 10/06/2015)
2015-10-025Motion (Application) to proceed in forma pauperis filed by Plaintiff Wayne Apotosky. (Attachments: # 1 Affidavit of Prisoner)(G,CA) (Entered: 10/07/2015)
2015-11-026Amended Motion (Application) to proceed in forma pauperis filed by Plaintiff Wayne Apotosky. (Attachments: # 1 Affidavit of Prisoner, # 2 Inmate Statement)(G,CA) Modified text on 11/10/2015 (H,KR). (Entered: 11/03/2015)
2015-11-027Amended Civil Cover Sheets filed by Plaintiff Wayne Apotosky. Related document(s) 1 . (G,CA) Modified text on 11/10/2015 (H,KR). (Entered: 11/03/2015)
2015-11-028Motion Under 5 USC § 552 Seeking Copies of Articles in Agency Files filed by Plaintiff Wayne Apotosky. (G,CA) (Entered: 11/03/2015)
2015-12-099Order granting Plaintiff's Motion to proceed in forma pauperis (Related Doc # 6 ). The total filing fee in the amount of $350 is due. An initial partial fee in the amount of $9.75 is due and should be deducted from plaintiff's prisoner account, when funds are available therein, until the initial partial fee is paid. Thereafter, the prison cashier's office shall deduct, and forward to the Court, 20% of the preceding month's income credited to the prisoner's account each time the amount in the account exceeds $10.00 until the full $350 fee has been paid. Signed by Magistrate Judge Kathleen B. Burke on 12/9/2015.(R,Sh) (Additional attachment(s) added on 12/9/2015: # 1 Order on IFP (signed)) (R,Sh). (Entered: 12/09/2015)
2015-12-09Copy of 9 Order on Motion to proceed in forma pauperis, mailed to Wayne Apotosky and FCI Elkton Prison Cashier with instructions for payment on 12/9/2015. Related document(s) 9 . (R,Sh) (Entered: 12/09/2015)
2015-12-1010Order referring case to Magistrate Judge Kathleen Burke for general pretrial supervision. This referral includes all motions, including dispositive motions, through the close of discovery. The magistrate judge shall then prepare a report and recommendation on dispositive motions. Judge Sara Lioi on 12/10/2015. (P,J) (Entered: 12/10/2015)
2015-12-10Copy of 10 Order of Referral mailed on 12/10/2015 to: Wayne Apotosky, #17235-055, Federal Correctional Elkton, P.O. Box 10, Lisbon, OH 44432. (P,J) (Entered: 12/10/2015)
2015-12-1011Summons and USM-285 forms issued to U.S. Marshal for service upon U.S. Attorney, ND Ohio; Loretta Lynch, US Attorney General; Susan B. Berson, Executive Office for US Attorney; David M. Hardy, Chief FOIPA; and Federal Bureau of Investigation. (P,G) (Entered: 12/10/2015)
2015-12-2112Attorney Appearance by Lisa Hammond Johnson filed by on behalf of All Defendants. (Johnson, Lisa) Modified text on 12/22/2015 (S,SR). (Entered: 12/21/2015)
2015-12-2113Attorney Appearance by Karen E. Swanson-Haan filed by on behalf of All Defendants. (Swanson-Haan, Karen) Modified text on 12/22/2015 (S,SR). (Entered: 12/21/2015)
2015-12-22Partial filing fee in the amount of $9.75 received from Wayne Apotosky. Receipt # 14660082723 (O,K) (Entered: 12/22/2015)
2016-01-0414Motion for appointment of counsel filed by Plaintiff Wayne Apotosky. (G,CA) (Entered: 01/04/2016)
2016-01-08Partial filing fee in the amount of $30.00 received from Wayne Apotosky. Receipt # 14660083111 (C,BA) (Entered: 01/08/2016)
2016-01-1115Return of Service by U.S. Marshal by personal service executed upon the US Attorney on 12/11/2015; by certified mail executed upon US Attorney General Loretta Lynch on 12/21/2015 and Susan B. Gerson, Assistant Director on 12/21/2015 filed on behalf of Wayne Apotosky. (H,KR) (Entered: 01/11/2016)
2016-01-1116Motion for extension of time until January 25, 2016 to answer Or Otherwise Respond To Plaintiff's Complaint filed by Federal Bureau of Investigation, David M Hardy, Loretta Lynch, United States of Amercia. (Johnson, Lisa) (Entered: 01/11/2016)
2016-01-11Order [non-document] granting 16 Defendants' Motion for Extension of Time to Answer Complaint. Answer due 1/25/2016. Magistrate Judge Kathleen B. Burke on 1/11/2016.(D,I) (Entered: 01/11/2016)
2016-01-1917Opposition to 14 Motion for appointment of counsel filed by All Defendants. (Johnson, Lisa) (Entered: 01/19/2016)
2016-01-2518Answer to 1 Complaint filed by Federal Bureau of Investigation, David M Hardy, Loretta Lynch, United States of Amercia. (Johnson, Lisa) (Entered: 01/25/2016)
2016-01-2519Answer filed by All Defendants. Related document(s) 8 . (Johnson, Lisa) (Entered: 01/25/2016)
2016-01-2620Order requiring Plaintiff to file an Amended Complaint by 2/9/2016 setting forth all his claims in a single document. Because Plaintiff's Amended Complaint will set forth all his claims for relief, his Motions Under 5 USC § 552 (Docs. 2 and 8 ) are denied as moot. See order for details. Magistrate Judge Kathleen B. Burke on 1/26/2016.(D,I) (Entered: 01/26/2016)
2016-01-26Copy of 20 mailed to Wayne Apotosky #17235-055 at Federal Correctional Elkton P.O. Box 10, Lisbon, OH 44432 on 1/26/2016. (D,I) (Entered: 01/26/2016)
2016-01-2721Reply to defendant's opposition to 14 Motion for appointment of counsel filed by Wayne Apotosky. (C,KA) (Entered: 01/27/2016)
2016-02-0422Superseding complaint under 5 USC 552 seeking copies of articles in agency files against All Defendants and adding new party defendant(s) Susan B. Gerson, (EOUSA). Filed by Wayne Apotosky., (Related Document 20 ) (Attachments: # 1 Exhibit 1 - Letter request of Wayne Apotosky to FBI, # 2 Exhibits 2-12 Letters from United States Department of Justice (FBI) addressed to Mr. Wayne Apotosky regarding FOIPA Request) (E,P) Modified text/link added on 2/8/2016 (E,P). (Entered: 02/08/2016)
2016-02-08Partial filing fee in the amount of $2.44 received from Wayne Apotosky. Receipt # 14660083783 (C,BA) (Entered: 02/08/2016)
2016-02-0923Order denying Plaintiff's Motion for appointment of counsel without prejudice (Related Doc # 14 ). Magistrate Judge Kathleen B. Burke on 2/9/2016.(D,I) (Entered: 02/09/2016)
2016-02-09Copy of 23 Order on Motion for appointment of counsel mailed to Wayne Apotosky #17235-055 at Federal Correctional Elkton, P.O. Box 10, Lisbon, OH 44432 on 2/9/2016. Related document(s) 23 . (D,I) (Entered: 02/09/2016)
2016-02-2224Answer to 22 Amended complaint, filed by Federal Bureau of Investigation, Susan B. Gerson, David M Hardy, Loretta Lynch, United States of Amercia. (Swanson-Haan, Karen) (Entered: 02/22/2016)
2016-02-2325Case Management Conference Scheduling Order with telephonic case management conference to be held on 3/15/2016 at 10:00 AM before Magistrate Judge Kathleen B. Burke in AKRON. Signed by Magistrate Judge Kathleen B. Burke on 2/23/2016. (Attachments: # 1 Appendix K, # 2 Consent Package)(D,I) (Entered: 02/23/2016)
2016-02-2326Order that the Warden or Case Manager of Elkton Federal Correctional Institution make arrangements to provide a room and a telephone so that Plaintiff Wayne Apotosky, #17235-055, may participate in the case management conference telephonically on 3/15/2016. Magistrate Judge Kathleen B. Burke on 2/23/2016. (D,I) (Entered: 02/23/2016)
2016-02-2327Return of Service by U.S. Marshal by certified mail executed upon David Hardy, Chief FOIPA on 12/21/2015 filed on behalf of Wayne Apotosky. Related document(s) 11 . (H,KR) (Entered: 02/23/2016)
2016-02-23Copy of 25 Case Management Conference Scheduling Order, 26 Order, mailed to Wayne Apotosky #17235-055 at Federal Correctional Elkton P.O. Box 10 Lisbon, OH 44432 on 2/23/2016. Copy of 26 Order mailed and faxed (330-420-6436) to Warden at FCI Elkton at P.O. Box 10 Lisbon, OH 44432 (D,I) (Entered: 02/23/2016)
2016-02-2328Motion to continue Case Management Conference filed by Federal Bureau of Investigation, Susan B. Gerson, David M Hardy, Loretta Lynch, United States of Amercia. Related document(s) 25 . (Swanson-Haan, Karen) (Entered: 02/23/2016)
2016-02-24Order [non-document] granting Defendant's Motion to continue Case Management Conference. (Related Doc # 28 ). The telephonic CMC is reset for 2:00 pm. on March 15, 2016. Magistrate Judge Kathleen B. Burke on 2/24/2016.(D,I) (Entered: 02/24/2016)
2016-02-2429Revised Order to Warden or Case Manager of Elkton Federal Correctional Institution make arrangements to provide a room and a telephone so that Plaintiff Wayne Apotosky, #17235-055, may participate in the conference telephonically re 26 . Change in time only.. Magistrate Judge Kathleen B. Burke on 2/24/2016. (D,I) (Entered: 02/24/2016)
2016-02-24Copy of non-document order dated 2/24/2016 and 29 Revised Order, mailed to Wayne Apotosky #17235-055 at Federal Correctional Elkton P.O. Box 10 Lisbon, OH 44432 on 2/23/2016. Copy of 29 Order mailed and faxed (330-420-6436) to Warden at FCI Elkton at P.O. Box 10 Lisbon, OH 44432. (D,I) (Entered: 02/24/2016)
2016-02-2930Letter from Wayne Apotosky regarding questions about Case Management Conference. (O,K) (Entered: 03/01/2016)
2016-03-0131Order: During the Case Management Conference set for March 15, 2016, the parties should be prepared to discuss the facts surrounding this case, whether the case can be resolved at an early date, and a case schedule. Magistrate Judge Kathleen B. Burke on 3/1/2016. (D,I) (Entered: 03/01/2016)
2016-03-01Copy of 31 Order, mailed to Wayne Apotosky #17235-055 Federal Correctional Elkton P.O. Box 10 Lisbon, OH 44432 on 3/1/2016. Related document(s) 31 . (D,I) (Entered: 03/01/2016)
2016-03-08Partial filing fee in the amount of $2.46 received from Wayne Apotosky. Receipt # 14660084547 (C,BA) (Entered: 03/08/2016)
2016-03-1632Minutes of proceedings before Magistrate Judge Kathleen B. Burke. Case Management Conference held on 3/15/2016. By 4/8/2016, Defendant shall file a Status Report indicating (1) whether the documents that the FBI previously sent to Plaintiff have been re-sent; (2) whether the AUSA for the Western District of New York is willing to request that the documents in Plaintiff's underlying criminal case relevant to the instant action be unsealed in whole or in part; and (3) whether a status conference would be helpful in resolving this case. Defendants agreed to consult with the Bureau of Prisons to ensure that documents sent to Plaintiff as a result of his request described in his Superseding Complaint (Doc. 22 ) will reach the Plaintiff in a timely manner. A case management plan will issue by separate order. See Order for details. Time: 30 minutes. (P,G) (Entered: 03/16/2016)
2016-03-1633Case Management Conference Order. Case is assigned to the standard track. Parties to be Joined and Pleading Amendments due by 4/15/2016; Deadline for filing dispositive motions 5/2/2016; Deadline for filing oppositions to motions 6/1/16; Deadline for filing replies to responses 6/15/2016; Telephonic Status Conference, Final Pretrial Conference and Jury Trial dates will be determined. See Order for details. Magistrate Judge Kathleen B. Burke on 3/16/2016. (P,G) (Entered: 03/16/2016)
2016-03-16Copy of 33 Case Management Conference Plan/Order, 32 Minutes of Case Management Conference, mailed to Wayne Apotosky #17235-055 Federal Correctional Elkton P.O. Box 10 Lisbon, OH 44432 on on 3/16/2016. (P,G) (Entered: 03/16/2016)
2016-03-2834Motion to Drop Parties from Superseding Complaint filed by Plaintiff Wayne Apotosky. Related document(s) 22 . (H,SN) (Entered: 03/28/2016)
2016-03-2835Motion for Order for Legal Mailing filed by Plaintiff Wayne Apotosky. (Attachments: # 1 Exhibit A Notice)(H,SN) (Entered: 03/28/2016)
2016-03-2836WITHDRAWN WITHOUT PREJUDICE per 42 Order dated 4/26/16 - Motion for summary judgment filed by Plaintiff Wayne Apotosky. (Attachments: # 1 Exhibit A Deleted Page Information Sheet)(H,SN) Modified to note withdrawn on 4/29/2016 (M,TL). (Entered: 03/28/2016)
2016-04-08Partial filing fee in the amount of $2.00 received from Wayne Apotosky. Receipt # 14660085405 (S,SR) (Entered: 04/08/2016)
2016-04-0837Status Report filed by All Defendants. (Johnson, Lisa) (Entered: 04/08/2016)
2016-04-1138Response to Plaintiff's 35 Motion for Order for Legal Mailing filed by All Defendants. (Johnson, Lisa) (Entered: 04/11/2016)
2016-04-1139Response to Plaintiff's 34 Motion to drop parties from the superseding complaint filed by all Defendants. (Johnson, Lisa) Modified text on 4/12/2016 (M,TL). (Entered: 04/11/2016)
2016-04-13IMPORTANT: Notice [non-document] of Telephonic Status Conference set for 4/22/2016 at 10:00 AM before Magistrate Judge Kathleen B. Burke to discuss with counsel and Plaintiff the recent filings in this case. Counsel for Defendants shall set up the call in accordance with the instructions set forth in the Order to Warden. (D,I) (Entered: 04/13/2016)
2016-04-1340Order that the Warden or Case Manager of Elkton Federal Correctional Institution make arrangements to provide a room and a telephone so that Plaintiff Wayne Apotosky, #17235-055, may participate in the status conference telephonically on 4/22/2016. Magistrate Judge Kathleen B. Burke on 4/13/2016. (D,I) (Entered: 04/13/2016)
2016-04-13Copy of non-document order dated 4/13/2016 and 40 mailed to Wayne Apotosky #17235-055 at Federal Correctional Elkton P.O. Box 10 Lisbon, OH 44432 on 4/13/2016. Copy of 40 mailed and faxed (330-420-6436) to Warden at FCI Elkton at P.O. Box 10 Lisbon, OH 44432. (D,I) (Entered: 04/13/2016)
2016-04-2641Minute Order of Telephone Conference held on 4/22/2016. Status Report due by 6/10/2016. Telephone Conference set for 6/21/2016 at 10:00 AM before Magistrate Judge Kathleen B. Burke. In light of the above, the Court reset the dispositive motion deadline; dispositive motions are now due on June 24, 2016. The Court also discussed with the participants the three motions filed by Plaintiff currently pending on the docket (Docs. 34 , 35 , 36 ). Order to follow. Time: 30 minutes. Magistrate Judge Kathleen B. Burke on 4/26/2016. (D,I) (Entered: 04/26/2016)
2016-04-2642Order GRANTING with prejudice 34 Plaintiff's Motion to dismiss individual Defendants David M Hardy, Loretta Lynch (Attorney General Executive Office for United States), Susan B. Gerson ((EOUSA)) ; denying in part and denying as moot in part 35 Plaintiff's Motion for order for Legal Mailing. Plaintiff agreed to withdraw his Motion for Summary Judgment (Doc. 36 ) without prejudice, subject to refiling at a later date. Plaintiff's Motion for Summary Judgment is deemed withdrawn without prejudice. See Order for details. Magistrate Judge Kathleen B. Burke on 4/26/2016.(D,I) (Entered: 04/26/2016)
2016-04-26Copy of 41 Minute Order and 42 Order on Motion to dismiss party mailed to Wayne Apotosky #17235-055 at Federal Correctional Elkton, P.O. Box 10 Lisbon, OH 44432 on 4/26/2016. (D,I) (Entered: 04/26/2016)
2016-05-09Partial filing fee in the amount of $3.28 received from Wayne Apotosky. Receipt # 1460086071 (W,Jo) (Entered: 05/09/2016)
2016-06-1043Status Report filed by All Defendants. (Johnson, Lisa) (Entered: 06/10/2016)
2016-06-1544Order setting Telephone Status Conference for 6/21/2016 at 10:00 AM before Magistrate Judge Kathleen B. Burke. The Warden or Case Manager of Elkton Federal Correctional Institution shall make arrangements to provide a room and a telephone so that Plaintiff Wayne Apotosky, #17235-055, may participate in the conference telephonically. See order for details. Magistrate Judge Kathleen B. Burke on 6/15/2016. (D,I) (Entered: 06/15/2016)
2016-06-15Copy of 44 Order, mailed to Wayne Apotosky #17235-055 and Warden of Federal Correctional Elkton at P.O. Box 10 Lisbon, OH 44432 on 6/15/2016. (D,I) (Entered: 06/15/2016)
2016-06-2145Minute Order of Telephone Conference held on 6/21/2016. Telephone Conference set for 7/11/2016 at 10:00 AM before Magistrate Judge Kathleen B. Burke to discuss these issues and reset the dispositive motion deadline; the current dispositive. Time: 30 minutes. Court Reporter: George Staiduhar. Magistrate Judge Kathleen B. Burke on 6/21/2016. (D,I) (Entered: 06/21/2016)
2016-06-22Copy of 45 Minute Order _ Telephone Conference, mailed to Wayne Apotosky #17235-055 at Federal Correctional Elkton, P.O. Box 10, Lisbon, OH 44432 on 6/22/2016. (P,G) (Entered: 06/22/2016)
2016-06-2346Document Update as Requested filed by Wayne Apotosky. (Attachments: # 1 Exhibit A - Affidavit Pages 6 and 9, # 2 Exhibit B - Letter of 1/14/2015, # 3 Exhibit C - Complaint Page 2, # 4 Exhibit D - Answer Page 3, # 5 Exhibit E - Answer Page 4) (Related document(s) 45 ) (S,S) (Entered: 06/23/2016)
2016-07-0147Dispositive Motion filed by Plaintiff Wayne Apotosky. Related document 45 . (Attachments: # 1 Exhibit A - Envelope from FBI)(W,CM) Modified text to match document on 7/7/2016 (M,TL). (Entered: 07/01/2016)
2016-07-0648Order that the Warden or Case Manager of Elkton Federal Correctional Institution make arrangements to provide a room and a telephone so that Plaintiff Wayne Apotosky, #17235-055, may participate in the conference set for 7/11/2016 at 10:00 AM telephonically. Magistrate Judge Kathleen B. Burke on 7/6/2016. (D,I) (Entered: 07/06/2016)
2016-07-0849Status Report filed by All Defendants. (Attachments: # 1 Exhibit 1 - Letter from Plaintiff Dated 6-30-16)(Johnson, Lisa) (Entered: 07/08/2016)
2016-07-0850Order cancelling the Telephonic Status Conference currently set for 7/11/2016. Defendants' response to Apotosky's dispositive motion and any cross-summary judgment motion due 8/12/2016. To the extent that Discovery has been exchanged and completed, the referral is terminated. Magistrate Judge Kathleen B. Burke on 7/8/2016. (D,I) (Entered: 07/08/2016)
2016-07-08Copy of 50 Order mailed to Wayne Apotosky #17235-055 Federal Correctional Elkton P.O. Box 10 Lisbon, OH 44432 and faxed to Warden at (330) 420-6404 on 7/8/2016. Related document(s) 50 . (D,I) (Entered: 07/08/2016)
2016-08-09Partial filing fee in the amount of $2.22 received from Wayne Apotosky. Receipt # 14660088356 (C,BA) (Entered: 08/09/2016)
2016-08-1251Cross Motion for summary judgment filed by Federal Bureau of Investigation, Susan B. Gerson, David M Hardy, Loretta Lynch, United States of America. Related document 47 . (Attachments: # 1 Memorandum in Opposition to Plaintiff's Dispositive Motion and in Support of Defendants' Cross-Motion for Summary Judgment, # 2 Exhibit 1 - Declaration of David M. Hardy)(Johnson, Lisa) Modified text and description of attachment to match documents on 8/16/2016 (M,TL). (Entered: 08/12/2016)
2016-08-1552Notice of Refiling Exhibit 1 filed by All Defendants. (Document not text searchable.) (Attachments: # 1 Exhibit 1 - Declaration of David M. Hardy)Related document(s) 47 , 51 .(Johnson, Lisa) Modified text to note document not text searchable and attorney notified on 8/16/2016 (M,TL). (Entered: 08/15/2016)
2016-08-3053Motion for Order directing the FBI to release documents, summary judgment, award fees, and a telephonic status conference; Reply to 51 Defendants' Cross Motion for summary judgment filed by Plaintiff Wayne Apotosky. Related document(s) 51 . (G,W) (Entered: 08/30/2016)
2016-09-13Partial filing fee in the amount of $4.17 received from Wayne Apotosky. Receipt # 14660089185 (C,BA) (Entered: 09/13/2016)
2016-09-1354Reply in support of 51 Cross Motion for summary judgment filed by All Defendants. (Attachments: # 1 Exhibit A - Declaration of David M. Hardy)(Johnson, Lisa) (Entered: 09/13/2016)
2016-09-2055Reply to 51 Defendant's Cross-Motion for Summary Judgment and Motion for Dispositive and Motion for a status conference hearing filed by Plaintiff Wayne Apotosky. Related document(s) 52 and 54 . (G,W). Modified text and added motions on 9/23/2016 (H,KR). (Entered: 09/21/2016)
2016-09-21Copy of 55 Motion for order mailed to Wayne Apotosky, #17235-055 at Federal Correctional Elkton, P.O. Box 10, Lisbon, OH 44432 on 9/21/2016. Related document(s) 55 . (G,W) (Entered: 09/21/2016)
2016-10-12Partial Filing Fee in the amount of $11.75 received from Wayne Apotosky. Receipt # 14660089665 (W,Jo) (Entered: 10/12/2016)
2016-11-08Partial Filing Fee in the amount of $2.58 received from Wayne Apotosky. Receipt # 14660090548 (W,Jo) (Entered: 11/08/2016)
2016-12-09Partial Fling Fee in the amount of $2.70 received from Wayne Apotosky. Receipt # 14660091333 (W,Jo) (Entered: 12/12/2016)
2017-01-13Partial Filing Fee in the amount of $1.13 received from Wayne Apotosky. Receipt # 14660092143 (W,Jo) (Entered: 01/13/2017)
2017-02-07Partial Filing Fee in the amount of $3.20 received from Wayne Apotosky. Receipt # 14660092722 (W,Jo) (Entered: 02/07/2017)
2017-03-07Partial Filing Fee in the amount of $1.84 received from Wayne Apotosky. Receipt # 14660093461 (W,Jo) (Entered: 03/07/2017)
2017-03-2356Memorandum Opinion: Plaintiff's dispositive motion (Doc. No. 47 ) is denied and defendants' cross-motion for summary judgment (Doc. No. 51 ) is granted. The Court certifies that an appeal from this decision by plaintiff could not be taken in good faith. 28 U.S.C. Section 1915(a)(3). Judge Sara Lioi on 3/23/2017. (P,J) (Entered: 03/23/2017)
2017-03-2357Judgment Entry: This case is dismissed with prejudice. Further, the Court certifies that an appeal from this decision by plaintiff could not be taken in good faith. 28 U.S.C. Section 1915(a)(3). (Related Doc. No. 56 ). Judge Sara Lioi on 3/23/2017. (P,J) (Entered: 03/23/2017)
2017-03-23Copy of 56 Memorandum Opinion, and 57 Judgment Entry mailed on 3/23/2017 to: Wayne Apotosky, #17235-055, Federal Correctional Elkton, P.O. Box 10, Lisbon, OH 44432. (P,J) (Entered: 03/23/2017)
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