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Case TitleBerk v. US Department of Justice, Federal Bureau of Prisons
DistrictNorthern District of Texas
Case Number3:2018cv01351
Date Filed2018-05-29
Date ClosedOpen
JudgeJudge Sam A Lindsay
PlaintiffMichael Berk
Case DescriptionMichael Berk, a federal prisoner, submitted a FOIA request to the Bureau of Prisons for records concerning his incarceration. The agency acknowledged receipt of the request, but after hearing nothing further, Berk filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantUS Department of Justice, Federal Bureau of Prisons
Complaint attachment 1
User-contributed Documents
Docket Events (Hide)
Date FiledDoc #Docket Text

2018-05-291COMPLAINT against Federal Bureau of Prisons filed by Michael Berk. (Filer fee note- IFP motion in complaint or to be filed) Clerk to issue summons(es). In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the Judges Copy Requirements is provided. The court reminds the filer that any required copy of this and future documents must be delivered to the judge, in the manner prescribed, within three business days of filing. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at, or by clicking here: Attorney Information - Bar Membership . If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Attachments: # 1 Exhibit(s)) (Van Cleave, Chad) (Entered: 05/29/2018)
2018-05-292CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Michael Berk. (Van Cleave, Chad) (Entered: 05/29/2018)
2018-05-293New Case Notes: A filing fee has not been paid. SCREEN case referral set and case referred to Magistrate Judge Ramirez (see Special Order 3). Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge (Judge Ramirez). Clerk to provide copy to plaintiff if not received electronically. (zkc) (Entered: 05/29/2018)
2018-05-304NOTICE OF DEFICIENCY AND ORDER: Michael Berk must address the following deficiency: Plaintiff has not paid the filing fee for this case or submitted a request to proceed in forma pauperis. Failure to comply with this order may lead to dismissal for failure to prosecute pursuant to FRCvP 41(b). Deadline to cure the deficiency is 30 days. (Ordered by Magistrate Judge Irma Carrillo Ramirez on 5/30/2018) (Attachments: # 1 IFP Form) (sss) (Entered: 05/31/2018)
2018-06-265MOTION for Leave to Proceed in forma pauperis with certificate of trust account filed by Michael Berk (Van Cleave, Chad) (Entered: 06/26/2018)
2018-06-266ORDER granting 5 Motion for Leave to Proceed In Forma Pauperis. The plaintiff shall pay the balance of the filing fee in monthly installments of 20% of the prior month's deposits to his/her inmate trust account. After payment of the initial partial filing fee, the agency having custody of the plaintiff shall forward payments to the Clerk of Court each time the account exceeds $10 until the filing fee is paid in full. (Ordered by Magistrate Judge Irma Carrillo Ramirez on 6/26/2018) (zkc) (Entered: 06/27/2018)
2018-06-267ORDER SPECIFYING FURTHER ACTION TO BE TAKEN BY THE CLERK AND ORDERING SERVICE OF PROCESS: The Clerk of the Court shall issue summons for each named defendant and deliver the summons and a copy of the complaint to the United States Marshal's Service. After docketing of this order, the Clerk of the Court shall terminate the referral of this case to a magistrate judge based on the completion of initial screening. (Ordered by Magistrate Judge Irma Carrillo Ramirez on 6/26/2018) (zkc) (Entered: 06/27/2018)
2018-06-278Summons issued as to US Department of Justice, Federal Bureau of Prisons, U.S. Attorney, and U.S. Attorney General. (zkc) (Entered: 06/27/2018)
2018-06-279Business Reply Card signed by USMS re: 7 Order, 8 Summons Issued, 1 Complaint, 3 Consent Form. Signed on 6/27/2018. (zkc) (Entered: 06/27/2018)
2018-06-2810STANDING ORDER OF REFERENCE: This case is hereby referred to United States Magistrate Judge Irma Carrillo Ramirez for pretrial management. (Ordered by Judge Sam A Lindsay on 6/28/2018) (zkc) (Entered: 06/28/2018)
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by FOIA Project Staff