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Case TitleMabie v. United States Marshals Service et al
DistrictSouthern District of Illinois
CityEast St. Louis
Case Number3:2018cv01276
Date Filed2018-06-15
Date ClosedOpen
JudgeJudge J. Phil Gilbert
PlaintiffWilliam Mabie
Case DescriptionWilliam Mabie , a state prisoner, submitted a FOIA request to the U.S. Marshals Service for records concerning a video surveillance system in St. Louis. The agency failed to respond and Mabie filed suit.
Complaint issues: Failure to respond within statutory time limit

DefendantUnited States Marshal's Service
DefendantAlton City Jail
DefendantAlton City Jail
TERMINATED: 06/13/2018
DefendantSaint Louis Metropolitan Police
DefendantSaint Louis Metropolitan Police
TERMINATED: 06/13/2018
Documents
Docket
Complaint
Complaint attachment 1
Opinion/Order [19]
Opinion/Order [20]
Opinion/Order [30]
Opinion/Order [36]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2018-05-031COMPLAINT against ALTON CITY JAIL, SAINT LOUIS METROPOLITAN POLICE, UNITED STATES MARSHALS SERVICE, filed by WILLIAM MABIE. (No fee paid with this filing) (Attachments: # 1 Envelope)(DJH) [Transferred from Indiana Southern on 6/15/2018.] (Entered: 05/04/2018)
2018-05-032MOTION for Leave to Proceed in forma pauperis, filed by Plaintiff WILLIAM MABIE. (Attachments: # 1 Envelope)(DJH) [Transferred from Indiana Southern on 6/15/2018.] (Entered: 05/04/2018)
2018-05-043MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (DJH) [Transferred from Indiana Southern on 6/15/2018.] (Entered: 05/04/2018)
2018-05-084ENTRY DIRECTING FURTHER PROCEEDINGS - denying 2 Motion for Leave to Proceed in forma pauperis. (See Entry.) Copy to Plaintiff via US Mail. Signed by Judge Robert L. Miller, Jr on 5/8/2018. (BRR) [Transferred from Indiana Southern on 6/15/2018.] (Entered: 05/08/2018)
2018-05-165Mail Returned as undeliverable - Not at this Institution. 4 Order sent to WILLIAM MABIE 35381-044 TERRE HAUTE U.S. PENITENTIARY Inmate Mail/Parcels P.O. BOX 33 TERRE HAUTE, IN 47808. (DW) [Transferred from Indiana Southern on 6/15/2018.] (Entered: 05/18/2018)
2018-05-216Updated address for WILLIAM MABIE and corrected his BOP number on our docket. Address changed from USP Terre Haute to Marion USP based on BOP website. Resent dkt 4 to WILLIAM MABIE at Marion USP. (MEH) [Transferred from Indiana Southern on 6/15/2018.] (Entered: 05/21/2018)
2018-05-217CONSENT to Jurisdiction to US Magistrate Judge by WILLIAM MABIE. (Attachments: # 1 Envelope)(DW) [Transferred from Indiana Southern on 6/15/2018.] (Entered: 05/22/2018)
2018-06-058Submission of Letter regarding Jurisdiction and address change (address has been updated), filed by Plaintiff WILLIAM MABIE, Petitioner WILLIAM MABIE. (Attachments: # 1 Envelope)(DW) [Transferred from Indiana Southern on 6/15/2018.] (Entered: 06/08/2018)
2018-06-129Renewed MOTION for Leave to Proceed in forma pauperis, filed by Plaintiff WILLIAM MABIE. (Attachments: # 1 Inmate Statements, # 2 Letter, # 3 Envelope)(JKS) [Transferred from Indiana Southern on 6/15/2018.] (Entered: 06/13/2018)
2018-06-1310CLOSED TRANSFER to Southern District of Illinois, East St. Louis Division. The court notes that the filing fee issue has not been resolved in this case. The federal FOIA does not apply to state governments. Because the Alton City Jail and the St. Louis Metropolitan Police Department aren't agencies subject to FOIA, they are dismissed as defendants from this action. Signed by Judge Robert L. Miller, Jr on 6/13/2018 (dist made)(CBU) [Transferred from Indiana Southern on 6/15/2018.] (Entered: 06/13/2018)
2018-06-1311Transfer Letter to Clerk of the Southern District of Illinois. Case transferred electronically to Southern District of Illinois, on June 13, 2018. (CBU) [Transferred from Indiana Southern on 6/15/2018.] (Entered: 06/13/2018)
2018-06-1512Case transferred in from District of Indiana Southern; Case Number 2:18-cv-00216. Original file certified copy of transfer order and docket sheet received. (Entered: 06/15/2018)
2018-06-1513Letter to plaintiff regarding case being transferred to Southern District of Illinois. (Attachments: # 1 Motion and Affidavit to Proceed in District Court Without Prepaying Fees or Costs, # 2 Consent to Magistrate Judge) (tkm) (Entered: 06/15/2018)
2018-06-2614MOTION for Leave to Proceed in forma pauperis by William Mabie. (tkm) (Entered: 06/26/2018)
2018-06-2615MOTION to Reinstate Parties by William Mabie. (tkm) (Entered: 06/26/2018)
2018-06-2616MOTION to Recuse District Judges by William Mabie. (tkm) (Entered: 06/26/2018)
2018-06-2917ORDER Directing Monthly Payments be made from Prison Account of Mabie, granting 14 MOTION for Leave to Proceed in forma pauperis filed by William Mabie. Signed by Judge J. Phil Gilbert on 6/29/2018. (tjk) (Entered: 06/29/2018)
2018-07-0918Consent Form - IFP Proceedings by William Mabie (tkm) (Entered: 07/09/2018)
2018-07-1019MEMORANDUM AND ORDER, denying 16 MOTION for Recusal filed by William Mabie. Signed by Judge J. Phil Gilbert on 7/10/2018. (jdh) (Entered: 07/10/2018)
2018-07-1220MEMORANDUM AND ORDER, re: the Court to direct issuance and service of process. Signed by Judge J. Phil Gilbert on 7/12/2018. (jdh) (Entered: 07/12/2018)
2018-07-1321Summons Issued as to United States Marshal's Service (kls3) (Entered: 07/13/2018)
2018-07-1826RETURN OF SERVICE EXECUTED on 7/16/2018 as to U. S. Attorney's Office. (Attachments: # 1 Certified Green card for US Attorney General)(tkm) (Entered: 08/30/2018)
2018-07-2622CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (kls3) (Entered: 07/26/2018)
2018-07-2623MOTION Seeking Reinstatement of Other Parties by William Mabie (incorporated in Doc. 22) (kls3) (Entered: 07/26/2018)
2018-07-2724USCA-7 ORDER wherein pro se Petitioner's Petition for Writ of Mandamus and Motion to Proceed In Forma Pauperis are DENIED. (kls3) (Entered: 07/27/2018)
2018-08-0625SUMMONS Returned Executed United States Marshal's Service served on 7/23/2018, answer due 9/21/2018. (kls3) (Entered: 08/06/2018)
2018-08-3127NOTICE of Appearance by Nicholas J Biersbach on behalf of United States Marshal's Service (Biersbach, Nicholas) (Entered: 08/31/2018)
2018-08-3128MOTION for Extension of Time to File Answer Defendant's Motion for Extension of Time and Briefing Schedule by United States Marshal's Service. (Biersbach, Nicholas) (Entered: 08/31/2018)
2018-09-0429ORDER granting 28 Motion for Extension of Time to Answer. Answer due November 16, 2018. Signed by Magistrate Judge Stephen C. Williams on 9/4/2018. (anj)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 09/04/2018)
2018-09-1430MEMORANDUM AND ORDER, denying 23 MOTION to Reinstate filed by William Mabie and 15 MOTION to Reinstate filed by William Mabie. The Court CONSTRUES Mabie's statement as a notice of appeal of this order and DIRECTS the Clerk of Court to docket that appeal as of today's date. Signed by Judge J. Phil Gilbert on 9/14/2018. (jdh) (Entered: 09/14/2018)
2018-09-1431NOTICE OF APPEAL as to 30 Memorandum & Opinion filed by William Mabie. (cjo) (Entered: 09/17/2018)
2018-09-1732Transmission of Short Record to US Court of Appeals re 31 Notice of Appeal. (cjo) (Entered: 09/17/2018)
2018-09-1733Rule 10 Letter. (cjo) (Entered: 09/17/2018)
2018-09-1834USCA Case Number 18-2995 for 31 Notice of Appeal filed by William Mabie. (Attachments: # 1 USCA-7 Notice of Case Opening)(kls3) (Entered: 09/18/2018)
2018-09-1935Edited USCA-7 Case Number 18-2995 for 31 Notice of Appeal filed by William Mabie. (Attachments: # 1 Edited - USCA-7 Notice of Case Opening)(kls3) (Entered: 09/19/2018)
2018-09-2036MEMORANDUM AND ORDER, The Court therefore CERTIFIES pursuant to Federal Rule of Appellate Procedure 24(a)(3)(A) that the appeal is not taken in good faith and that Mabie should not be allowed to appeal in forma pauperis. The Court DIRECTS the Clerk of Court to send a copy of this order to the Court of Appeals for use in connection with Appeal No. 18-2995. Signed by Judge J. Phil Gilbert on 9/20/2018. (jdh) (Entered: 09/20/2018)
2018-09-2437MOTION for Hearing, Subpoena and Status Update by William Mabie. (tkm) (Entered: 09/25/2018)
2018-09-2438OBJECTION to Continuance by William Mabie. (tkm) (Entered: 09/25/2018)
2018-09-2441USCA-7 Circuit Rule 3(b) Fee Notice. (kls3) (Entered: 09/27/2018)
2018-09-2639ORDER re 38 Objection filed by William Mabie. The Court already found that Defendant's request for additional time to respond to the complaint was taken in good faith when it granted the motion. Plaintiff's objection to the request fails to convince the Court otherwise. Signed by Magistrate Judge Stephen C. Williams on 9/26/2018. (anj)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 09/26/2018)
2018-09-2640ORDER denying 37 Motion for Hearing. To the extent that Plaintiff seeks a status update, there is nothing currently pending in the case. Defendant's answer is due November 16, 2018. Nor has a discovery schedule been entered yet. To the extent Plaintiff seeks a subpoena and hearing, the Court finds the request premature. Plaintiff should first seek discovery from the Defendants through a properly submitted request for discovery. Signed by Magistrate Judge Stephen C. Williams on 9/26/2018. (anj)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 09/26/2018)
2018-10-0142MOTION to Expand FOIA Petition by William Mabie. (kls3) (Entered: 10/01/2018)
2018-10-1143ORDER denying 42 Motion to Expand FOIA Petition. Signed by Magistrate Judge Stephen C. Williams on 10/11/2018. (anj) (Entered: 10/11/2018)
2018-10-2944MOTION for Summary Judgment or Trial Setting by William Mabie. Responses due by 12/3/2018. (jsm2) (Entered: 10/29/2018)
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by FOIA Project Staff
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