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Case TitleLANDIS v. FEDERAL BUREAU OF PRISONS et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2021cv00504
Date Filed2021-03-03
Date ClosedOpen
JudgeJudge Colleen Kollar-Kotelly
PlaintiffCARLTON THEODORE LANDIS
Case DescriptionCarleton Landis, a federal prisoner, submitted FOIA requests to the Office of Personnel Management and the Bureau of Prisons for records concerning the names of employees of the Bureau of Prisons in 2017. The agencies acknowledged receipt of the requests but after hearing nothing further from either agency, Landis filed suit.
Complaint issues: Failure to respond within statutory time limit

DefendantFEDERAL BUREAU OF PRISONS
DefendantOFFICE OF PERSONNEL MANAGEMENT
DefendantBUREAU OF ALCOHOL TOBACCO AND FIREMARMS AND EXPLOSIVES
DefendantEXECUTIVE OFFICE OF UNITED STATES ATTORNEYS
SERVICE LIST
Documents
Docket
Complaint
Complaint attachment 1
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2019-11-041RECEIVED COMPLAINT by Carlton Theodore Landis; (Attachments: # 1 Envelope) (jp, ) [Transferred from Illinois Northern on 3/3/2021.] (Entered: 11/04/2019)
2019-11-042PRISONER CIVIL Cover Sheet (jp, ) [Transferred from Illinois Northern on 3/3/2021.] (Entered: 11/04/2019)
2019-11-043APPLICATION by Plaintiff Carlton Theodore Landis for leave to proceed in forma pauperis (jp, ) [Transferred from Illinois Northern on 3/3/2021.] (Entered: 11/04/2019)
2019-12-034ORDER: Plaintiff's application for leave to proceed in forma pauperis 3 is denied without prejudice. Plaintiff must either (1) submit a renewed application that complies with the instructions in this order; or (2) pay the full statutory filing fee of $400.00. Failure to comply with this order by January 10, 2020, will result in summary dismissal of this case. Plaintiff also must promptly submit a change-of-address notification if he is transferred to another facility or released. Failure to keep the court informed of his address may lead to dismissal of this action for failure to comply with a court order and for want of prosecution. The Clerk of Court is directed to send plaintiff a blank application to proceed in forma pauperis and a copy of this order. Signed by the Honorable Philip G. Reinhard on 12/3/2019: notice mailed by Judicial Staff (pg, ) [Transferred from Illinois Northern on 3/3/2021.] (Entered: 12/03/2019)
2019-12-135APPLICATION by Plaintiff Carlton Theodore Landis for leave to proceed in forma pauperis (pg, ) [Transferred from Illinois Northern on 3/3/2021.] (Entered: 12/13/2019)
2020-01-176ORDER : Plaintiff's amended application for leave to proceed in forma pauperis 5 is denied without prejudice. Plaintiff must either (1) submit a renewed application that complies with the instructions in this order; or (2) pay the full statutory filing fee of $400.00. Failure to comply with this order by February 18, 2020, will result in summary dismissal of this case. Plaintiff also must promptly submit a change-of-address notification if he is transferred to another facility or released. Failure to keep the court informed of his address may lead to dismissal of this action for failure to comply with a court order and for want of prosecution. The Clerk of Court is directed to send plaintiff a blank application to proceed in forma pauperis and a copy of this order. In order to facilitate compliance with the directives in this order, the Clerk of Court is further directed to forward a copy of this order to the inmate trust account office at Thomson. [See STATEMENT] Signed by the Honorable Philip G. Reinhard on 1/17/2020. Mailed notice (jp, ) [Transferred from Illinois Northern on 3/3/2021.] (Entered: 01/17/2020)
2020-01-17MAILED copy of order dated 1/17/2020, a blank application to proceed in forma pauperis to Carlton Landis. (jp, ) [Transferred from Illinois Northern on 3/3/2021.] (Entered: 01/17/2020)
2020-01-17MAILED copy of order dated 1/17/20 to the Trust Fund Officer at Thomson Correctional Center (jp, ) [Transferred from Illinois Northern on 3/3/2021.] (Entered: 01/17/2020)
2020-02-187MOTION by Plaintiff Carlton Theodore Landis For Enlargement Of Time To Respond To Order (pg, ) (Main Document 7 replaced on 2/18/2020) (pg, ). [Transferred from Illinois Northern on 3/3/2021.] (Entered: 02/18/2020)
2020-02-188ORDER: The court is in receipt of plaintiff's motion to extend time to comply with the court's January 17, 2020 order 7 . The motion is granted. Plaintiff has until March 19, 2020, to submit a renewed in forma pauperis application or pay the statutory filing fee of $400. Signed by the Honorable Philip G. Reinhard on 2/18/2020:notice mailed by Judicial Staff (pg, ) [Transferred from Illinois Northern on 3/3/2021.] (Entered: 02/18/2020)
2020-03-129MOTION by Plaintiff Carlton Theodore Landis For Order/Extension Of Time (pg, ) [Transferred from Illinois Northern on 3/3/2021.] (Entered: 03/12/2020)
2020-03-1610ORDER Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on March 16, 2020. All open cases are impacted by this Amended General Order. See attached Order for guidance.Signed by the Honorable Rebecca R. Pallmeyer on 3/16/2020: Mailed notice. (tg, ) [Transferred from Illinois Northern on 3/3/2021.] (Entered: 03/17/2020)
2020-03-2311ORDER : Plaintiff's second motion for extension of time to submit his revised application to proceed in forma pauperis 9 is granted. Plaintiff shall submit his revised IFP application in compliance with the court's order of January 17, 2020, by April 24, 2020. If plaintiff fails to comply, this case will be dismissed. The Clerk of Court is directed to forward a copy of the January 17, 2020, order 6 , as well as a copy of this order, to the trust office at the facility where plaintiff is housed in order to facilitate compliance. Signed by the Honorable Philip G. Reinhard on 3/23/2020. Mailed notice (jp, ) [Transferred from Illinois Northern on 3/3/2021.] (Entered: 03/23/2020)
2020-03-23MAILED copy of order dated 3/23/20, a copy of the January 17, 2020 order 6 to Mr. Landis and the Trust Fund Officer at Thomson by jcc. (jp, ) [Transferred from Illinois Northern on 3/3/2021.] (Entered: 03/23/2020)
2020-03-2312ORDER Seconded Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on March 30, 2020. All open cases are impacted by this Second Amended General Order. Amended General Order 20-0012, entered on March 17, 2020, and General Order 20-0014, entered on March 20, 2020, are vacated and superseded by this Second Amended General. See attached Order for guidance.Signed by the Honorable Rebecca R. Pallmeyer on 3/23/2020: Mailed notice. (docket7, ) [Transferred from Illinois Northern on 3/3/2021.] (Entered: 03/31/2020)
2020-03-3013ORDER CORRECTED ENTRY: ORDER Seconded Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on March 30, 2020. All open cases are impacted by this Second Amended General Order. Amended General Order 20-0012, entered on March 17, 2020, and General Order 20-0014, entered on March 20, 2020, are vacated and superseded by this Second Amended General. See attached Order for guidance. Signed by the Honorable Rebecca R. Pallmeyer on 3/30/2020: Mailed notice...Signed by the Honorable Rebecca R. Pallmeyer on 3/30/2020:Mailed notice(docket7, ) [Transferred from Illinois Northern on 3/3/2021.] (Entered: 04/03/2020)
2020-04-2414ORDER Third Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on April 24, 2020. All open cases are impacted by this Third Amended General Order. Parties are must carefully review all obligations under this Order, including the requirement listed in paragraph number 5 to file a joint written status report in most civil cases. See attached Order. Signed by the Honorable Rebecca R. Pallmeyer on 4/24/2020: Mailed notice. (docket10, ) [Transferred from Illinois Northern on 3/3/2021.] (Entered: 04/27/2020)
2020-05-0515MOTION by Plaintiff Carlton Theodore Landis to Compel Bureau of Prisons Officials at AUSP Thomson to Provide this Court or Plaintiff with a Certified Copy of the Trust Fund Account Statement (Attachments: # 1 Envelope) (jp, ) [Transferred from Illinois Northern on 3/3/2021.] (Entered: 05/12/2020)
2020-05-2616ORDER ORDER Fourth Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on May 26, 2020. This Order does not extend or modify any deadlines set in civil cases. For non-emergency motions, no motion may be noticed for presentment on a date earlier than July 15, 2020. See attached Order. Signed by the Honorable Rebecca R. Pallmeyer on 5/26/2020: Mailed notice. (docket8, ) [Transferred from Illinois Northern on 3/3/2021.] (Entered: 05/26/2020)
2020-07-1017ORDER Fifth Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on July 10, 2020. This Order does not extend or modify any deadlines set in civil cases. No motions may be noticed for in-person presentment; the presiding judge will notify parties of the need, if any, for a hearing by electronic means or in-court proceeding. See attached Order. Signed by the Honorable Rebecca R. Pallmeyer on 7/10/2020: Mailed notice. (Clerk6, Docket) [Transferred from Illinois Northern on 3/3/2021.] (Entered: 07/10/2020)
2020-07-2218ORDER signed by the Honorable Philip G. Reinhard on 7/22/2020: Plaintiff has submitted a motion to compel 15 seeking an order compelling officials at USP Thomson to provide him with necessary trust fund information. The motion is entered and continued. Plaintiff is ordered to update the court on any progress he has made in obtaining the necessary financial information to proceed in forma pauperis in this case by August 21, 2020. If he fails to comply, this case will be dismissed. Mailed notice(sb, ) [Transferred from Illinois Northern on 3/3/2021.] (Entered: 07/23/2020)
2020-08-2419STATUS Report by Carlton Theodore Landis (Attachments: # 1 Envelope) (jp, ) [Transferred from Illinois Northern on 3/3/2021.] (Entered: 08/24/2020)
2020-10-0620ORDER signed by the Honorable Philip G. Reinhard on 10/6/2020: Plaintiff has submitted a status report 19 , as ordered. However, his fee status remains unresolved almost a year after this case was filed on November 4, 2019. While plaintiff contends he is unable to submit the information the court requests, the court has many cases on its docket filed by inmates at AUSP Thomson, and they have supplied the necessary financial information requested. Plaintiff is granted one, final opportunity to supply the financial information necessary for the court to assess the suitability of a finding that plaintiff is entitled to proceed in forma pauperis in this case. Plaintiff shall submit the necessary information by November 17, 2020. If he fails to comply, this case will be dismissed. In order to expedite this matter, the Clerk of Court is directed to forward a copy of this order to Marc Bides, Senior CLC attorney at AUSP Thomson, and encourages him to either assist the plaintiff in complying with this order or submit a response to the pending motion to compel 15 . Mailed notice(sb, ) [Transferred from Illinois Northern on 3/3/2021.] (Entered: 10/06/2020)
2020-10-2921APPLICATION by Plaintiff Carlton Theodore Landis for leave to proceed in forma pauperis (Attachments: # 1 Envelope) (jp, ) [Transferred from Illinois Northern on 3/3/2021.] (Entered: 10/29/2020)
2020-11-1622DESIGNATION of Monica V Mallory as U.S. Attorney for Defendants Bureau of Alcohol Tobacco and Firemarms and Explosives, Executive Office of United States Attorneys, Federal Bureau Of Prisons, Office Of Personnel Management (Mallory, Monica) [Transferred from Illinois Northern on 3/3/2021.] (Entered: 11/16/2020)
2020-11-1623RESPONSE by Bureau of Alcohol Tobacco and Firemarms and Explosives, Executive Office of United States Attorneys, Federal Bureau Of Prisons, Office Of Personnel Management to MOTION by Plaintiff Carlton Theodore Landis to compel 15 (Attachments: # 1 Exhibit A - Borden Declaration, # 2 Exhibit B - Lee Declaration)(Mallory, Monica) [Transferred from Illinois Northern on 3/3/2021.] (Entered: 11/16/2020)
2020-12-0424REPLY by Carlton Theodore Landis to response to motion, 23 (Attachments: # 1 Certificate of Service, # 2 Exhibit A, # 3 Envelope) (jp, ) [Transferred from Illinois Northern on 3/3/2021.] (Entered: 12/04/2020)
2020-12-1725ORDER signed by the Honorable Philip G. Reinhard on 12/17/2020: Plaintiff's revised application for leave to proceed in forma pauperis 21 is granted and the initial partial filing fee is waived. While the initial, partial filing fee is waived, plaintiff remains responsible for payment of the full $350.00 filing fee in this case. Plaintiff's motion to compel 15 is denied because the court has the information necessary to determine plaintiff's financial status. The court directs the Clerk of Court to electronically send a copy of this order to the inmate trust account office at AUSP Thomson and to the court's Fiscal Department. Summons, however, shall not issue. It appears under 5 U.S.C. § 552(a)(4)(B) that this court lacks jurisdiction over plaintiff's claims. Thus, plaintiff is ordered to show cause as to why this case should not be dismissed for lack of jurisdiction. Failure to respond to the order to show cause by January 22, 2021, will result in dismissal of this lawsuit for lack of jurisdiction. Mailed/Emailed notice(sb, ) [Transferred from Illinois Northern on 3/3/2021.] (Entered: 12/18/2020)
2020-12-18Sent Copy of 12/17/2020 Order To Fiscal Department And Inmate Trust Fund Account Office At AUSP (pg, ) [Transferred from Illinois Northern on 3/3/2021.] (Entered: 12/18/2020)
2021-01-2126MOTION by Plaintiff Carlton Theodore Landis to change venue (Attachments: # 1 Envelope) (jp, ) [Transferred from Illinois Northern on 3/3/2021.] (Entered: 01/22/2021)
2021-02-1727ORDER: Plaintiff has responded to the court's December 17, 2020, show cause order 25 , as required, with a motion to transfer venue 26 . The court finds that under FOIA, 5 U.S.C. § 552, et seq., this court lacks jurisdiction to hear this case and that a transfer of venue is discretionary and is appropriate in the interests of justice. Accordingly, plaintiff's motion 26 is granted and this case is transferred to the District of Columbia for all further matters. The clerk is directed to transfer this case forthwith to the District Court for the District of Columbia. This matter is closed on the court's docket and the clerk is directed to terminate this case. Signed by the Honorable Philip G. Reinhard on 2/17/2021:notice mailed by judicial staff (pg, ) [Transferred from Illinois Northern on 3/3/2021.] (Entered: 02/18/2021)
2021-02-1728ENTERED JUDGMENT on 2/17/2021:Electronic/mailed notice(sb, ) [Transferred from Illinois Northern on 3/3/2021.] (Entered: 02/18/2021)
2021-02-1829TRANSFERRED to the District of Columbia the electronic record. (jp, ) [Transferred from Illinois Northern on 3/3/2021.] (Entered: 02/18/2021)
2021-03-0330Case transferred in from District of Illinois Northern; Case Number 3:19-cv-50290. Original file certified copy of transfer order and docket sheet received. (Entered: 03/03/2021)
2021-03-0831SUMMONS (6) Issued as to BUREAU OF ALCOHOL TOBACCO AND FIREMARMS AND EXPLOSIVES, EXECUTIVE OFFICE OF UNITED STATES ATTORNEYS, FEDERAL BUREAU OF PRISONS, OFFICE OF PERSONNEL MANAGEMENT, U.S. Attorney and U.S. Attorney General, sent to US Marshall Service. (adh, ) (Entered: 03/08/2021)
2021-03-1932ORDER ESTABLISHING PROCEDURES FOR CASES ASSIGNED TO JUDGE COLLEEN KOLLAR-KOTELLY. Signed by Judge Colleen Kollar-Kotelly on 3/19/2021. (DM) (Entered: 03/19/2021)
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