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Case TitleEMANUEL v. UNITED STATES DEPARTMENT OF JUSTICE
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2017cv00063
Date Filed2017-01-11
Date Closed2017-10-31
JudgeChief Judge Beryl A. Howell
PlaintiffJOSEPH EMANUEL
Case DescriptionJoseph Emanuel, a federal prisoner, submitted a FOIA request to the Bureau of Prisons for photos taken in connection with a disciplinary action against Emanuel. The photos were redacted and Emanuel filed an administrative appeal. After hearing nothing further from the agency, Emanuel filed suit.
Complaint issues: Failure to respond within statutory time limit

DefendantUNITED STATES DEPARTMENT OF JUSTICE Bureau of Prisons
Documents
Docket
Complaint
Complaint attachment 1
Opinion/Order [24]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2017-01-111COMPLAINT against UNITED STATES DEPARTMENT OF JUSTICE filed by JOSEPH EMANUEL. (Attachments: # 1 Civil Cover Sheet)(zrdj) (Entered: 01/13/2017)
2017-01-112MOTION for Leave to Proceed in forma pauperis by JOSEPH EMANUEL (zrdj) (Entered: 01/13/2017)
2017-01-113PRISONER TRUST FUND ACCOUNT STATEMENT for period of six months by JOSEPH EMANUEL (zrdj) (Entered: 01/13/2017)
2017-01-114ORDER directing an initial partial filing fee in the amount of $54.17 from Prison Account of JOSEPH EMANUEL and granting 2 MOTION for Leave to Proceed In Forma Pauperis (see order for full details). Signed by Chief Judge Beryl A. Howell on 1/9/2017. (zrdj) (Entered: 01/13/2017)
2017-01-11Initiating Pleading & IFP Application Received on 12/20/2016. (zrdj) (Entered: 01/13/2017)
2017-01-175SUMMONS (3) Issued as to UNITED STATES DEPARTMENT OF JUSTICE, U.S. Attorney and U.S. Attorney General (jd) (Entered: 01/17/2017)
2017-01-306RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES DEPARTMENT OF JUSTICE served on 1/25/2017, RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 1/25/2017., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 1/25/2017. ( Answer due for ALL FEDERAL DEFENDANTS by 2/24/2017.) (zrdj) (Entered: 01/31/2017)
2017-02-247First MOTION for Extension of Time to File Answer re 1 Complaint by UNITED STATES DEPARTMENT OF JUSTICE (Haynes, Fred) (Entered: 02/24/2017)
2017-02-27MINUTE ORDER (paperless) GRANTING the government's 7 Motion for Brief Extension of Time to File Defendant's Answer. Accordingly, the government shall, by March 3, 2017, file an answer. Signed by Chief Judge Beryl A. Howell on February 27, 2017. (lcbah1) (Entered: 02/27/2017)
2017-02-27Set/Reset Deadlines: Answer to the Complaint due by 3/3/2017. (tg) (Entered: 02/27/2017)
2017-03-038Second MOTION for Extension of Time to File Answer re 1 Complaint by UNITED STATES DEPARTMENT OF JUSTICE (Haynes, Fred) (Entered: 03/03/2017)
2017-03-10MINUTE ORDER: It is ORDERED that 8 the Defendant's Motion for an Extension of Time is GRANTED, nunc pro tunc. Based on counsel's representations in the motion, the defendant shall file a motion for summary judgment on or before March 17, 2017. SO ORDERED. Signed by Chief Judge Beryl A. Howell on 3/10/17.(ah) (Entered: 03/10/2017)
2017-03-13Set/Reset Deadlines: Defendant's Summary Judgment motion due by 3/17/2017. (tg) (Entered: 03/13/2017)
2017-03-179ANSWER to 1 Complaint by UNITED STATES DEPARTMENT OF JUSTICE.(Haynes, Fred) (Entered: 03/17/2017)
2017-03-3110MOTION for Extension of Time to File Defendant's Motion for Summary Judgment by UNITED STATES DEPARTMENT OF JUSTICE (Attachments: # 1 Exhibit Unfiled Motion for Extension of Time)(Haynes, Fred) (Entered: 03/31/2017)
2017-04-03MINUTE ORDER granting nunc pro tunc 10 the Defendant's Motion for an Extension of Time to April 7, 2017, to file its summary judgment motion. SO ORDERED. Signed by Chief Judge Beryl A. Howell on 4/3/17.(ah) (Entered: 04/03/2017)
2017-04-03Set/Reset Deadlines: Defendant's Summary Judgment motion due by 4/7/2017. (tg) (Entered: 04/03/2017)
2017-04-0711Consent MOTION for Extension of Time to File Defendant's Motion for Summary Judgment by UNITED STATES DEPARTMENT OF JUSTICE (Haynes, Fred) (Entered: 04/07/2017)
2017-04-1412MOTION for Extension of Time to File Defendant's Motion for Summary Judgment by UNITED STATES DEPARTMENT OF JUSTICE (Haynes, Fred) (Entered: 04/14/2017)
2017-04-17MINUTE ORDER granting nunc pro tunc 11 Consent Motion for an Extension of Time. SO ORDERED. Signed by Chief Judge Beryl A. Howell on 4/17/17.(ah) (Entered: 04/17/2017)
2017-04-17MINUTE ORDER granting 12 Defendant's Motion for an Extension of Time to April 21, 2017, to file its motion for summary judgment. SO ORDERED. Signed by Chief Judge Beryl A. Howell on 4/17/17.(ah) (Entered: 04/17/2017)
2017-04-17Set/Reset Deadlines: Defendant's Summary Judgment motion due by 4/21/2017. (tg) (Entered: 04/17/2017)
2017-04-2113MOTION for Extension of Time to File Defendant's Motion for Summary Judgment by UNITED STATES DEPARTMENT OF JUSTICE (Haynes, Fred) (Entered: 04/21/2017)
2017-04-2514MOTION for Extension of Time to File Defendant's Motion for Summary Judgment by UNITED STATES DEPARTMENT OF JUSTICE (Haynes, Fred) (Entered: 04/25/2017)
2017-04-2615MOTION for Summary Judgment by UNITED STATES DEPARTMENT OF JUSTICE (Haynes, Fred) (Entered: 04/26/2017)
2017-05-03MINUTE ORDER granting nunc pro tunc the defendant's motion 13 14 for an extension of time to file a dispositive motion. SO ORDERED. Signed by Chief Judge Beryl A. Howell on 5/3/17.(ah) (Entered: 05/03/2017)
2017-05-0316Order advising the plaintiff to respond by June 19, 2017, to the defendant's motion for summary judgment or risk summary dismissal of the case for want of prosecution or, if warranted, entry of judgment for the defendant (see written order for details). Signed by Chief Judge Beryl A. Howell on 5/3/17.(ah) (Entered: 05/03/2017)
2017-05-04Set/Reset Deadlines: Plaintiff's Response to Motion for Summary Judgment due by 6/19/2017. (tg) (Entered: 05/04/2017)
2017-06-1217Memorandum in opposition to re 15 MOTION for Summary Judgment filed by JOSEPH EMANUEL. (zrdj) (Entered: 06/14/2017)
2017-06-2618REPLY to opposition to motion re 15 MOTION for Summary Judgment filed by UNITED STATES DEPARTMENT OF JUSTICE. (Attachments: # 1 Exhibit A - Reprocessed Document, # 2 Exhibit B - Reprocessed Document)(Haynes, Fred) (Entered: 06/26/2017)
2017-07-2419MOTION for Sanctions by JOSEPH EMANUEL (zrdj) (Entered: 07/27/2017)
2017-08-1720MOTION for Extension of Time to File Lodged Memorandum in Opposition to Plaintiff's Motion for Sanctions Under Fed. R. Civ. P. 56(h) by UNITED STATES DEPARTMENT OF JUSTICE (Haynes, Fred) (Entered: 08/17/2017)
2017-08-1721Memorandum in opposition to re 19 MOTION for Sanctions filed by UNITED STATES DEPARTMENT OF JUSTICE. (Haynes, Fred) (Entered: 08/17/2017)
2017-08-1722ERRATA by UNITED STATES DEPARTMENT OF JUSTICE 15 MOTION for Summary Judgment filed by UNITED STATES DEPARTMENT OF JUSTICE. (Attachments: # 1 Exhibit A - Desanto Declaration)(Haynes, Fred) (Entered: 08/17/2017)
2017-08-18MINUTE ORDER granting nunc pro tunc 20 the Defendant's Motion for an Extension of Time to file opposition to the Plaintiff's Motion for Sanctions. SO ORDERED. Signed by Chief Judge Beryl A. Howell on 8/18/17.(ah) (Entered: 08/18/2017)
2017-08-18MINUTE ORDER: It is ORDERED that 19 the Plaintiff's motion for sanctions under Fed. R. Civ. P. 56(h) is DENIED as baseless. Rule 56(h) authorizes the Court to order payment of "reasonable expenses" if it finds that an affidavit or declaration "is submitted in bad faith or solely for delay." The Plaintiff claims that the Defendant has "filed a summary judgment affidavit in bad faith," but in what way is unclear. Since FOIA actions, such as this, are typically resolved on summary judgment, the Defendant's filing of a summary judgment motion cannot plausibly support a finding of bad faith or inappropriate delay under Rule 56(h). Signed by Chief Judge Beryl A. Howell on 8/18/17.(ah) (Entered: 08/18/2017)
2017-10-3023ORDER granting 15 the Defendant's Motion for Summary Judgment; entering judgment in the Defendant's favor; and closing the case, for the reasons stated in the Memorandum Opinion issued separately this day. Signed by Chief Judge Beryl A. Howell on 10/30/17.(ah) (Entered: 10/30/2017)
2017-10-3024MEMORANDUM OPINION accompanying final order issued separately this day. Signed by Chief Judge Beryl A. Howell on 10/30/17.(ah) (Entered: 10/30/2017)
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by FOIA Project Staff