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Case Title(PS) Parker v. United States Department of Justice, et al
DistrictEastern District of California
CitySacramento
Case Number2:2010cv00065
Date Filed2010-01-08
Date Closed2012-03-29
JudgeJudge Kimberly J. Mueller
PlaintiffRichard Wayne Parker
DefendantUnited States Department of Justice
DefendantFederal Bureau of Investigation
DefendantDrug Enforcement Administration
Documents
Docket
Complaint
Opinion/Order [5]
Opinion/Order [8]
Opinion/Order [21]
Opinion/Order [24]
Opinion/Order [30]
Opinion/Order [32]
Opinion/Order [43]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2010-01-081COMPLAINT against all defendants by Richard Wayne Parker.(Becknal, R) (Entered: 01/13/2010)
2010-01-082MOTION to PROCEED IN FORMA PAUPERIS by Richard Wayne Parker. (Becknal, R) (Entered: 01/13/2010)
2010-01-13APPLICATION TO PROCEED IFP filed - Action Required. (Becknal, R) (Entered: 01/13/2010)
2010-02-083REQUEST for STATUS by Richard Wayne Parker. (Owen, K) (Entered: 02/09/2010)
2010-03-244REQUEST FOR STATUS and cofirmation of case number by Richard Wayne Parker. (Benson, A.) (Entered: 03/25/2010)
2010-05-205ORDER signed by Magistrate Judge Edmund F. Brennan on 5/19/10, ORDERING that pltf's 2 MOTION to PROCEED IFP is GRANTED. Pltf is to pay the $350 filing fee in accordance with the notice to the Warden of Herlong Fed Correctional Institution. The Clerk is directed to issue all process pursuant to FRCP 4. The Clerk shall send pltf four USM-285 forms, one summons, a copy of the complaint, this court's scheduling order, and consent form to proceed before the magistrate judge. Pltf shall supply the USM, within 21 days from the date this order is filed, all info needed by the USM to effect service of process, and shall, within 14 days thereafter, file a statement with the court that said documents have beeen submitted to the USM. The USM shall serve process, with copies of this court's scheduling order and related documents, within 90 days of receipt of the required info from pltf. The USM shall, within 14 days thereafter, file a statement with the court that said documents have been served. The Clerk shall serve a copy of this order on the USM. (Kastilahn, A) (Entered: 05/20/2010)
2010-05-206CIVIL NEW CASE DOCUMENTS ISSUED; Initial Scheduling Conference SET for 9/29/2010 at 10:00 AM in Courtroom 24 (EFB) before Magistrate Judge Edmund F. Brennan. (Attachments: # 1 Order re Consent) (Kastilahn, A) (Entered: 05/20/2010)
2010-05-207SUMMONS ISSUED as to *United States Department of Justice, Federal Bureau of Investigation, Drug Enforcement Administration* with answer to complaint due within *60* days. *Richard Wayne Parker, 11678-112* *Herlong Federal Correctional Institution* *P.O. Box 800* *Herlong, CA 96113*. (Kastilahn, A) (Entered: 05/20/2010)
2010-05-20SERVICE BY MAIL: 7 Summons, 6 Civil New Case Documents for MCE, 5 Order served on Richard Wayne Parker w/four USM 285 forms, and copy of the complaint. Served USM w/copy of 5 Order. (Kastilahn, A) (Entered: 05/20/2010)
2010-05-208ORDER signed by Magistrate Judge Edmund F. Brennan on 5/19/10 ORDERING pltf to pay the $350 filing fee; pltf must make monthly payments of 20 percent of the preceding month's income credited to his trust account; the Clerk of the Court shall serve a copy of this order and a copy of pltf's IFP application upon the Warden of Herlong Federal Correctional Institution and to the Clerk's financial division.(Carlos, K) (Attachments: # 1 Appl to Proceed IFP)(Carlos, K) (Entered: 05/20/2010)
2010-05-20SERVICE BY MAIL: 8 Order served on Richard Wayne Parker and the Warden of Herlong Federal Correctional Institution w/ a copy of the IFP application. (Carlos, K) (Entered: 05/20/2010)
2010-06-079NOTICE by Richard Wayne Parker of complying with 5 the court's order. (Kastilahn, A) (Entered: 06/08/2010)
2010-06-2110STATEMENT of Compliance by Plaintiff Richard Wayne Parker. (Mena-Sanchez, L) (Entered: 06/22/2010)
2010-07-0211DECLINE to PROCEED BEFORE US MAGISTRATE JUDGE by Richard Wayne Parker. (Carlos, K) (Entered: 07/07/2010)
2010-07-1412SUMMONS RETURNED EXECUTED. Drug Enforcement Administration; Federal Bureau of Investigation; United States Department of Justice served on 7/12/2010. (Zignago, K.) (Entered: 07/15/2010)
2010-08-1113ANSWER to COMPLAINT by Drug Enforcement Administration, Federal Bureau of Investigation, United States Department of Justice. Attorney Himel, Yoshinori H. T. added. (Himel, Yoshinori) (Entered: 08/11/2010)
2010-08-1114CERTIFICATE of SERVICE for 13 Answer to Complaint by defendants. (Himel, Yoshinori) Modified on 8/12/2010 (Marciel, M). (Entered: 08/11/2010)
2010-08-1915NOTICE by Richard Wayne Parker re problems with service of summons. (Zignago, K.) (Entered: 08/20/2010)
2010-08-2016RESPONSE by Richard Wayne Parker to 13 Answer to Complaint and opposition to motion to dismiss. (Carlos, K) (Entered: 08/24/2010)
2010-08-2717FIRST AMENDED ANSWER to COMPLAINT by Drug Enforcement Administration, Federal Bureau of Investigation, United States Department of Justice.(Himel, Yoshinori) (Entered: 08/27/2010)
2010-09-0918RESPONSE by plaintiff Richard Wayne Parker to 17 Answer to First Amended Complaint; OPPOSITION to Motion to Dismiss. (Marciel, M) (Entered: 09/10/2010)
2010-09-1319MOTION by Richard Wayne Parker requesting to appear telephonically at the 9/29/10 status conference. (Kastilahn, A) (Entered: 09/14/2010)
2010-09-1420STATUS REPORT by Drug Enforcement Administration, Federal Bureau of Investigation, United States Department of Justice. (Himel, Yoshinori) (Entered: 09/14/2010)
2010-09-1721ORDER signed by Magistrate Judge Edmund F. Brennan on 9/17/10, ORDERING that the status conference is CONT'D to 12/15/2010 at 10:00 AM in Courtroom 24 (EFB) before Magistrate Judge Edmund F. Brennan. On or before 12/1/10, dfts shall file a further status report. Pltf's 19 request to appear telephonically at the 9/29/10 status conference, is DENIED AS MOOT. (Kastilahn, A) (Entered: 09/17/2010)
2010-09-17SERVICE BY MAIL: 21 Order served on Richard Wayne Parker. (Kastilahn, A) (Entered: 09/17/2010)
2010-12-0122STATUS REPORT by Drug Enforcement Administration, Federal Bureau of Investigation, United States Department of Justice. (Himel, Yoshinori) (Entered: 12/01/2010)
2010-12-0223SECOND STATUS REPORT by Richard Wayne Parker. (Benson, A.) (Entered: 12/03/2010)
2010-12-0824ORDER signed by Magistrate Judge Edmund F. Brennan on 12/8/10 ORDERING the status Conference reset for 2/16/11 at 10:00 AM in Courtroom 24 (EFB) before Magistrate Judge Edmund F. Brennan. (Becknal, R) (Entered: 12/08/2010)
2011-01-2025ORDER by Chief Judge Anthony W. Ishii: Due to the appointment of Judge Kimberly J. Mueller to the position of U.S. District Judge, this action is reassigned from *Judge Morrison C. England Jr.* to Judge Mueller for all further proceedings. (Deutsch, S) (Entered: 01/20/2011)
2011-01-20SERVICE BY MAIL: 25 Order Reassigning District Judge Mueller, served on Richard Wayne Parker. (Deutsch, S) (Entered: 01/20/2011)
2011-02-0226FURTHER STATUS REPORT by federal defendants. (Himel, Yoshinori) Modified on 2/3/2011 (Marciel, M). (Entered: 02/02/2011)
2011-02-1027THIRD STATUS REPORT by Richard Wayne Parker, and NOTICE of inability to appear at the 2/16/11 status conf. (Kastilahn, A) (Entered: 02/11/2011)
2011-02-1528SCHEDULING ORDER signed by Magistrate Judge Edmund F. Brennan on 02/15/11 VACATING the scheduling conference currently set for February 16, 2011. DOJ has until June 15, 2011 to file a motion to dismiss the improper defendants for lack of subject matter jurisdiction and for summary judgment on the FOIA merits. Plaintiff also has until June 15, 2011 to file a motion for summary judgment. No further dates will be set at this time. However, if this action is not resolved on summary judgment, the court will set deadlines for discovery and law and motion, and will schedule a final pretrial conference and trial. (Williams, D) (Entered: 02/15/2011)
2011-02-15SERVICE BY MAIL: 28 Scheduling Order, served on Richard Wayne Parker. (Williams, D) (Entered: 02/15/2011)
2011-06-1429EX PARTE APPLICATION and PROPOSED ORDER to Extend Time to File Motion by Drug Enforcement Administration, Federal Bureau of Investigation, United States Department of Justice. (Himel, Yoshinori) Modified on 6/15/2011 (Zignago, K.). (Entered: 06/14/2011)
2011-06-1630ORDER signed by Magistrate Judge Edmund F. Brennan on 06/16/11 ORDERING that dfts' 29 Request is GRANTED; dfts shall file the dismissal and summary judgment motion by 06/29/11. (Benson, A.) (Entered: 06/16/2011)
2011-06-17SERVICE BY MAIL: 30 Order served on Richard Wayne Parker. (Benson, A.) (Entered: 06/17/2011)
2011-06-2931MOTION to DISMISS for LACK of JURISDICTION and MOTION for SUMMARY JUDGMENT by United States Department of Justice. (Attachments: # 1 Statement of Undisputed Facts, # 2 Declaration Dennis J. Argall, # 3 Exhibits A-M, # 4 Exhibit N part 1, # 5 Exhibit N part 2, # 6 Exhibit N part 3, # 7 Declaration William C. Little, Jr., # 8 Exhibits A-I)(Himel, Yoshinori) (Entered: 06/29/2011)
2011-07-0632ORDER signed by Magistrate Judge Edmund F. Brennan on 7/6/11 ORDERING that plaintiff file an opposition or a statement of non-opposition to 31 MOTION to DISMISS on or before 7/20/11 and that defendant may file a reply to plaintiff's opposition, if any, on or before 7/27/11. Failure of plaintiff to comply with this order will be deemed a statement of non-opposition to the motion, and may result in a recommendation that the motion be granted and/or that this action be dismissed for failure to prosecute and for failure to comply with court orders and this courts Local Rules. See Fed. R. Civ. P. 41(b). (Meuleman, A) (Entered: 07/06/2011)
2011-07-06SERVICE BY MAIL: 32 Order served on Richard Wayne Parker. (Meuleman, A) (Entered: 07/06/2011)
2011-07-1133OPPOSITION by Richard Wayne Parker to 31 Motion to Dismiss and Motion for Summary Judgment and incorporated REQUEST for Discovery to Clarify the Claims Presented Prior to the Court Ruling on Summary Judgment. (Meuleman, A) (Entered: 07/12/2011)
2011-07-1334NOTICE of Interference with Legal Mail by Richard Wayne Parker. (Michel, G) (Entered: 07/14/2011)
2011-07-1335NOTICE of Intent to File Amended Response to defendants 31 Motion to Dismiss, Motion for Summary Judgment by Richard Wayne Parker. (Michel, G) (Entered: 07/14/2011)
2011-07-1536REPLY by United States Department of Justice in support of 31 Motion to Dismiss and for Summary Judgment. (Himel, Yoshinori) (Entered: 07/15/2011)
2011-07-1537AMENDED RESPONSE to 31 Statement of Undisputed Facts and MOTION TO STRIKE by Richard Wayne Parker. (Benson, A.) (Entered: 07/18/2011)
2011-07-2538OPPOSITION by United States Department of Justice to 37 Amended Response and Motion to Strike. (Himel, Yoshinori) (Entered: 07/25/2011)
2011-08-0439MOTION for 14-DAY EXTENSION OF TIME to Reply to Defendant's OPPOSITON 38 to Motion by Richard Wayne Parker. (Mena-Sanchez, L) (Entered: 08/05/2011)
2011-08-0940ORDER signed by Magistrate Judge Edmund F. Brennan on 8/9/2011 GRANTING 39 Motion for Extension of Time. Pltf has until 8/22/2011 to file a reply to the DOJ's opposition to Pltf's motion to strike. (Zignago, K.) (Entered: 08/09/2011)
2011-08-09SERVICE BY MAIL: 40 Order served on Richard Wayne Parker. (Zignago, K.) (Entered: 08/09/2011)
2011-08-1041REPLY by Richard Wayne Parker to RESPONSE to 37 Amended Response and Motion to Strike. (Meuleman, A) (Entered: 08/11/2011)
2012-02-0942NOTICE of CHANGE of ADDRESS to FCI Menota (Med), P.O. Box 9, Mendota, CA 93640 by Richard Wayne Parker. (Meuleman, A) (Entered: 02/10/2012)
2012-03-1343FINDINGS and RECOMMENDATIONS recommending that DOJ's 31 Motion to Dismiss defendants OIP, FBI, and DEA and for Summary Judgment be granted; plaintiff's claim for DEA records be dismissed for lack of jurisdiction; plaintiffs 37 Motion to Strike portions of DOJ's Motion and supporting papers be denied; plaintiff's Motion for Discovery be denied; Clerk be directed to enter Judgment for DOJ, and close this case, signed by Magistrate Judge Edmund F. Brennan on 3/12/2012. These F/Rs are submitted to District Judge Kimberly J. Mueller. Within 14 days after being served with F/Rs, any party may file written Objections with Court and serve all parties. (Marciel, M) (Entered: 03/13/2012)
2012-03-13SERVICE BY MAIL: 43 Findings and Recommendations (Motion) served on plaintiff Richard Wayne Parker. (Marciel, M) (Entered: 03/13/2012)
2012-03-2345RESPONSE to findings and recommendations by Richard W Parker. (Becknal, R) (Entered: 03/26/2012)
2012-03-2946ORDER signed by Judge Kimberly J. Mueller on 3/29/2012 ADOPTING 43 Findings and Recommendations, GRANTING 31 Motion to Dismiss, DENYING 33 Motion for Discovery and DENYING 37 Motion to strike portions of the DOJ's motion. CASE CLOSED. (Donati, J) (Entered: 03/29/2012)
2012-03-2947JUDGMENT dated *3/29/2012* pursuant to order signed by Judge Kimberly J. Mueller on 3/29/2012. (Donati, J) (Entered: 03/29/2012)
2012-03-29SERVICE BY MAIL: 47 Judgment and 46 Order Adopting Findings and Recommendations served on Richard Wayne Parker. (Donati, J) (Entered: 03/29/2012)
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by FOIA Project Staff
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