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Case TitlePendell v. United States Secret Service et al
DistrictNorthern District of New York
CitySyracuse Albany
Case Number1:2018cv00352
Date Filed2018-03-21
Date ClosedOpen
JudgeChief Judge Glenn T. Suddaby
PlaintiffPerry Pendell
Case DescriptionPerry Pendell, a New York state prisoner, submitted a FOIA request to U.S. Secret Service for records about himself. The agency acknowledged receipt of the request, but after it failed to respond, Pendell filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Recovery of Costs

DefendantUnited States Secret Service
DefendantKim Campbell Special Agent in Charge - Freedom of Information Act and Privacy Act Officer
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
User-contributed Documents
Docket Events (Hide)
Date FiledDoc #Docket Text

2018-03-211COMPLAINT against Kim Campbell, United States Secret Service filed by Perry Pendell. (Attachments: # 1 Exhibits A-V, # 2 Civil Cover Sheet, # 3 Cover Letter, # 4 Envelope)(hmr) (Entered: 03/22/2018)
2018-03-212MOTION for Leave to Proceed in forma pauperis filed by Perry Pendell. (Attachments: # 1 Proposed Summons for United States Secret Service - Kim Campbell) Motions referred to Therese Wiley Dancks. (hmr) (Entered: 03/22/2018)
2018-03-213INMATE AUTHORIZATION FORM by Perry Pendell. (hmr) (Entered: 03/22/2018)
2018-03-214MOTION to Appoint Counsel filed by Perry Pendell. Motions referred to Therese Wiley Dancks. (hmr) (Entered: 03/22/2018)
2018-03-225PRO SE HANDBOOK and NOTICE (pro se packet) mailed to pro se plaintiff, Perry Pendell via regular mail on 3/22/2018. (hmr) (Entered: 03/22/2018)
2018-04-046Letter Motion from Perry Pendell requesting clarification of the number and initials that are written on top of the pro se notice. Also enclosed the pro se notice, he states in this letter that it was signed by him, but the notice was unsigned. Also enclosed a couple of letters he received from attorneys regarding his 4 Motion to Appoint Counsel. (hmr) (Entered: 04/04/2018)
2018-04-097ORDER AND REPORT RECOMMENDATION: re 1 Complaint filed by Perry Pendell: Ordered that Plaintiff's IFP Application (Dkt. No. 2 ) is Granted; Recommended that this action be dismissed as against individual Defendant Kim Campbell; Recommended that if the District Court adopts this Report-Recommendation, the Clerk shall issue a summons and forward it, along with a copy of the complaint containing General Order 25, which sets for the Civil Case Management Plan used by the Northern District of New York, to the United States Marshal for service upon Defendant USSS; Recommended that a formal response to Plaintiff's complaint be filed by Defendant USSS as provided for in the Federal Rules of Civil Procedure subsequent to service of process on Defendant; Ordered that Plaintiff's motion for appointment of counsel (Dkt. No. 4 ) is Denied without Prejudice; Ordered that Plaintiff's April 4, 2018, letter motion (Dkt. No. 6 ) is Denied as Moot and Ordered that the Clerk provide Plaintiff with a copy of this Order and Report-Recommendation and General Order 25, along with copies of the unpublished decisions cited herein in accordance with Lebron v. Sanders, 557 F.3d 76 (2d Cir. 2008) (per curiam).(Objections to R&R due by 4/26/2018, Case Review Deadline 4/30/2018)Motions terminated: 4 MOTION to Appoint Counsel filed by Perry Pendell, 6 Letter Motion from Perry Pendell for Perry Pendell requesting clarification of what was written on top of the pro se notice. filed by Perry Pendell, 2 MOTION for Leave to Proceed in forma pauperis filed by Perry Pendell. Signed by Magistrate Judge Therese Wiley Dancks on 04/09/2018. (Copy served upon pro se plaintiff via regular mail at Coxsackie Correctional Facility on 4/9/2018.)(hmr) (Entered: 04/09/2018)
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by FOIA Project Staff