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Case TitleSWOPE v. DEPARTMENT OF JUSTICE et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2012cv01439
Date Filed2012-08-30
Date Closed2014-09-25
JudgeJudge Richard J. Leon
PlaintiffCARL T. SWOPE
DefendantDEPARTMENT OF JUSTICE
DefendantFEDERAL BUREAU OF PRISONS
AppealD.C. Circuit 13-5045
Documents
Docket
Complaint
Complaint attachment 1
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2012-08-301COMPLAINT against DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF PRISONS (Filing fee $ 0.00) filed by CARL T. SWOPE. (Attachments: # 1 Civil Cover Sheet)(rdj) (Entered: 08/31/2012)
2012-08-30SUMMONS (4) Issued as to DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF PRISONS, U.S. Attorney and U.S. Attorney General (rdj) (Entered: 08/31/2012)
2012-08-302MOTION for Leave to Proceed in forma pauperis by CARL T. SWOPE (rdj) (Entered: 08/31/2012)
2012-08-303PRISONER TRUST FUND ACCOUNT STATEMENT for period of six months by CARL T. SWOPE (rdj) (Entered: 08/31/2012)
2012-08-304ORDER directing an initial partial filing fee in the amount of $11.43 be made from Prison Account of CARL T. SWOPE ; further ordered, granting 2 MOTION for Leave to Proceed in forma pauperis (See Order for full details).. Signed by Judge Colleen Kollar-Kotelly on 8/21/2012. (rdj) (Entered: 08/31/2012)
2012-09-045RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 08/31/2012. (jf, ) (Entered: 09/05/2012)
2012-09-066RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. FEDERAL BUREAU OF PRISONS served on 9/6/2012 (jf, ) (Entered: 09/11/2012)
2012-09-107RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. DEPARTMENT OF JUSTICE served on 8/31/2012, RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 8/31/2012. ( Answer due for ALL FEDERAL DEFENDANTS by 9/30/2012.) (jf, ) (Entered: 09/12/2012)
2012-09-138NOTICE of Appearance by Leila Jade Levi on behalf of DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF PRISONS (Levi, Leila) (Entered: 09/13/2012)
2012-09-189MOTION for Extension of Time to File Answer by DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF PRISONS (Levi, Leila) (Entered: 09/18/2012)
2012-10-0110AMENDED COMPLAINT against DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF PRISONS filed by CARL T. SWOPE. (Attachments: # 1 Exhibit)(rdj) (Entered: 10/03/2012)
2012-10-04MINUTE ORDER granting 9 Defendants' Motion for Extension of Time to answer or otherwise respond to the complaint. It is hereby ORDERED that the motion is GRANTED, and defendants have up to and including November 15, 2012 to respond. Signed by Judge Richard J. Leon on 10/4/2012. (lcrjl3) (Entered: 10/04/2012)
2012-10-1711Letter from Carl T. Swope. "Leave to file granted" signed by Judge Richard J. Leon on 10/16/2012 (jf, ) (Entered: 10/17/2012)
2012-11-0512Second MOTION for Extension of Time to File Answer by DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF PRISONS (Levi, Leila) (Entered: 11/05/2012)
2012-11-0513MOTION to Produce detailed indexing and justifications by CARL T. SWOPE (jf, ) (Entered: 11/08/2012)
2012-11-07MINUTE ORDER denying as moot 12 Defendants' Second Motion for an Enlargement of Time. It is hereby ORDERED that the defendants' motion is DENIED as moot. Signed by Judge Richard J. Leon on 11/7/2012. (lcrjl3) (Entered: 11/07/2012)
2012-11-0814WITHDRAWN PURSUANT TO MINUTE ORDER FILED 11/15/12.....MOTION for Reconsideration by DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF PRISONS (Levi, Leila) Modified on 11/15/2012 (jth). (Entered: 11/08/2012)
2012-11-0815MOTION to Withdraw 14 MOTION for Reconsideration by DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF PRISONS (Levi, Leila) (Entered: 11/08/2012)
2012-11-0816MOTION for Extension of Time to File Answer by DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF PRISONS (Levi, Leila) (Entered: 11/08/2012)
2012-11-15MINUTE ORDER granting 16 Defendants' Motion for an Extension of Time to File an Answer or Otherwise Respond to the Complaint. It is hereby ORDERED that the motion is GRANTED, and defendants have up to and including December 18, 2012 to file an answer or otherwise respond to the complaint. Signed by Judge Richard J. Leon on 11/15/2012. (lcrjl3) (Entered: 11/15/2012)
2012-11-15MINUTE ORDER granting 15 Defendants' Motion to Withdraw Defendants' Motion for Reconsideration. It is hereby ORDERED that the motion is GRANTED, and Defendants' Motion for Reconsideration is withdrawn. Signed by Judge Richard J. Leon on 11/15/2012. (lcrjl3) (Entered: 11/15/2012)
2012-11-15Set/Reset Deadlines: Defendants' response or otherwise answer to the amended complaint is now due by 12/18/2012. (jth) (Entered: 11/15/2012)
2012-11-1917MOTION for Temporary Restraining Order, MOTION for Preliminary Injunction by CARL T. SWOPE (jf, ) (Entered: 11/21/2012)
2012-11-1918RESPONSE re 16 MOTION for Extension of Time to File Answer filed by CARL T. SWOPE. (jf, ) (Entered: 11/21/2012)
2012-11-26MINUTE ORDER. It is hereby ORDERED that the defendants have up to and including November 30, 2012 to respond to plaintiff's Motion for a Temporary Restraining Order. Signed by Judge Richard J. Leon on 11/26/2012. (lcrjl3) (Entered: 11/26/2012)
2012-11-3019Memorandum in opposition to re 17 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF PRISONS. (Levi, Leila) (Entered: 11/30/2012)
2012-12-1020NOTICE re Standing Objection to any Further Continuance Request by CARL T. SWOPE (rdj) Modified event title on 12/13/2012 (znmw, ). (Entered: 12/12/2012)
2012-12-1321ORDER, Ordered that plainitff's motion for TRO and/or a preliminary injunction 17 is DENIED. SO ORDERED. Signed by Judge Richard J. Leon on 12/11/2012. (see order) (kc ) (Entered: 12/13/2012)
2012-12-1722MOTION for Extension of Time to File Answer by DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF PRISONS (Levi, Leila) (Entered: 12/17/2012)
2012-12-1823Letter from Carl T. Swope. "Leave to file granted" signed by Judge Richard J. Leon on 12/14/2012 (jf, ) (Entered: 12/18/2012)
2012-12-21MINUTE ORDER granting 22 Defendants' Motion for an Extension of Time. It is hereby ORDERED that defendants' motion is GRANTED, and defendants have up to and including January 18, 2013 to file an answer or otherwise respond to the amended complaint. Signed by Judge Richard J. Leon on 12/21/2012. (lcrjl3) (Entered: 12/21/2012)
2013-01-0724MOTION to hold defendants' counsel in contempt by CARL T. SWOPE (jf, ) (Entered: 01/09/2013)
2013-01-1525NOTICE OF SUBSTITUTION OF COUNSEL by Matthew E. Maguire on behalf of All Defendants Substituting for attorney Leila J. Levi (Maguire, Matthew) (Entered: 01/15/2013)
2013-01-1526MOTION for Extension of Time to File Answer by DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF PRISONS (Attachments: # 1 Text of Proposed Order)(Maguire, Matthew) (Entered: 01/15/2013)
2013-01-1527RESPONSE re 24 MOTION to hold defendants' counsel in contempt filed by DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF PRISONS. (Attachments: # 1 Text of Proposed Order)(Maguire, Matthew) (Entered: 01/15/2013)
2013-01-1728RESPONSE re 26 MOTION for Extension of Time to File Answer filed by CARL T. SWOPE. "Leave to file granted" signed by Judge Richard J. Leon on 01/16/2013 (jf, ) (Entered: 01/17/2013)
2013-01-3129STATUS REPORT by CARL T. SWOPE. (jf, ) (Entered: 02/04/2013)
2013-01-3130NOTICE of discrepancies by CARL T. SWOPE (jf, ) (Entered: 02/04/2013)
2013-01-3131RESPONSE re 26 MOTION for Extension of Time to File Answer filed by CARL T. SWOPE. (jf, ) (Entered: 02/04/2013)
2013-01-3132NOTICE OF INTERLOCUTORY APPEAL as to Minute Order on Motion for Extension of Time to Answer,dated 12/21/2012 by CARL T. SWOPE. Fee Status: No Fee Paid. Parties have been notified. (jf, ) (Entered: 02/04/2013)
2013-02-0134REPLY re 24 MOTION to hold defendants' counsel in contempt filed by CARL T. SWOPE. (rdj) (Entered: 02/04/2013)
2013-02-04MINUTE ORDER granting 26 Defendants' Motion for an Enlargment of Time to answer or otherwise respond to the complaint. It is hereby ORDERED that defendants' motion is GRANTED insofar as defendant's have shown good cause for the enlargement and plaintiff has fail to demonstrate resulting prejudice and defendants have up to and including February 15, 2013 to answer or otherwise respond to the complaint. Signed by Judge Richard J. Leon on 2/4/2013. (lcrjl3) (Entered: 02/04/2013)
2013-02-04MINUTE ORDER denying 24 plaintiff's Motion to Hold Defendants' Counsel in Contempt. It is hereby ORDERED that plaintiff's motion is DENIED. Signed by Judge Richard J. Leon on 2/4/2013. (lcrjl3) (Entered: 02/04/2013)
2013-02-0433Transmission of the Notice of Appeal, Order Appealed, and Docket Sheet to US Court of Appeals. The Fee remains to be paid and another notice will be transmitted when the fee has been paid in the District Court re 32 Notice of Interlocutory Appeal. (jf, ) (Entered: 02/04/2013)
2013-02-05Set/Reset Deadlines: Defendants' Answer or Otherwise Response to the Complaint is now due by 2/15/2013. (jth) (Entered: 02/05/2013)
2013-02-11USCA Case Number 13-5045 for 32 Notice of Interlocutory Appeal filed by CARL T. SWOPE. (jf, ) (Entered: 02/11/2013)
2013-02-1535Defendants ANSWER to 10 Amended Complaint by DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF PRISONS. Related document: 10 Amended Complaint filed by CARL T. SWOPE.(Maguire, Matthew) (Entered: 02/15/2013)
2013-02-1536MOTION for Briefing Schedule by DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF PRISONS (Maguire, Matthew) (Entered: 02/15/2013)
2013-03-0437Memorandum in opposition to re 36 MOTION for Briefing Schedule filed by CARL T. SWOPE. (jf, ) (Entered: 03/05/2013)
2013-03-0738REPLY to opposition to motion re 36 MOTION for Briefing Schedule and Request to Modify Schedule filed by DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF PRISONS. (Maguire, Matthew) (Entered: 03/07/2013)
2013-03-10MINUTE ORDER granting 36 Motion for Briefing Schedule. It is hereby ORDERED that the motion is GRANTED, and it is further ordered that defendants shall have up to and including April 8, 2013 to file a dispositive motion in this case; plaintiff shall have up to and including May 13, 2013 to respond; and defendants shall have up to and including June 3, 2013 to reply. Signed by Judge Richard J. Leon on 3/10/2013. (lcrjl3) (Entered: 03/10/2013)
2013-03-11Set/Reset Deadlines: Defendants dispositive motion is due by 4/8/2013; Plaintiff's Opposition is due by 5/13/2013; Defendants Reply is due by 6/3/2013. (jth) (Entered: 03/11/2013)
2013-03-1139MOTION to Appoint Counsel by CARL T. SWOPE (jf, ) (Entered: 03/12/2013)
2013-03-1940ORDER: Upon consideration of the plaintiff's 39 Motion to Appoint Counsel ;it is hereby ordered that the motion is DENIED. Signed by Judge Richard J. Leon on 03/18/13. SEE ORDER FOR FURTHER DETAILS. (tb, ) (Entered: 03/19/2013)
2013-04-0841MOTION for Extension of Time to File Dispositive Motion by DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF PRISONS (Attachments: # 1 Text of Proposed Order)(Maguire, Matthew) (Entered: 04/08/2013)
2013-04-1142First MOTION to Dismiss or Alternatively for Summary Judgment by DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF PRISONS (Attachments: # 1 Memorandum in Support Motion to Dismiss/Summary Judgment, # 2 Exhibit Exhibit 1 supporting MTD/MSJ, # 3 Exhibit Exhibit 2 supporting MTD/MSJ, # 4 Statement of Facts Statement of Material Facts, # 5 Declaration Declaration of Violet Mack of BOP With Attachments, # 6 Declaration Declaration of Christine Greene of BOP With Attachments)(Maguire, Matthew). Added MOTION for Summary Judgment on 4/12/2013 (znmw, ). (Entered: 04/11/2013)
2013-04-1843ORDER, Ordered that plaintiff shall respond to defendants' dispositive motion by May 20, 2013, or the Court will treat the motion as conceded and may either summarily dismiss the case or, if the cicumstances warrant, enter judgment for the defendants; it is further Ordered that in light of the defendants' proffered exhibits in support of summary judgment, Plaintiff's Motion to Produce Detailed Indexing and Justification 13 is DENIED as moot. Signed by Judge Richard J. Leon on 4/16/2013. (see order) (kc ) (Entered: 04/18/2013)
2013-04-23MINUTE ORDER granting nunc pro tunc 41 Defendant's MOTION for Extension of Time to file a motion to dismiss or alternatively for summary judgment. It is hereby ORDERED that defendant has up to and including 4/11/2013 to file its motion to dismiss or alternatively for summary judgment. Signed by Judge Richard J. Leon on 4/23/2013. (lcrjl3) (Entered: 04/23/2013)
2013-04-2444MOTION to Amend/Correct 42 First MOTION to Dismiss or Alternatively for Summary Judgment MOTION for Summary Judgment by DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF PRISONS (Attachments: # 1 Memorandum in Support Proposed Memorandum Replacing ECF 42)(Maguire, Matthew) (Entered: 04/24/2013)
2013-05-0145MOTION for Leave to File Under Seal by CARL T. SWOPE (rdj). (Entered: 05/03/2013)
2013-05-0146SEALED DOCUMENT filed by CARL T. SWOPE re 45 MOTION for Leave to File. (This document is SEALED and only available to authorized persons.)(zrdj) Modified on 5/29/13 as leave to file document is granted pursuant to Minute Order dated 5/28/12 (znmw, ). (Entered: 05/06/2013)
2013-05-2047MOTION for Extension of Time to File Response as to 42 First MOTION to Dismiss or Alternatively for Summary Judgment MOTION for Summary Judgment by CARL T. SWOPE (Attachments: # 1 Exhibit)(jf, ) (Entered: 05/22/2013)
2013-05-28MINUTE ORDER granting 44 Defendants' MOTION for Leave to Re-File Memorandum and to Seal Exhibit 2 to ECF No. 42. It is hereby ORDERED that the motion is GRANTED, and the Clerk shall reenter Defendants' updated Memorandum and Points of Authorities in Support of Its Motion to Dismiss, or Alternatively, For Summary Judgment. It is further ORDERED that the Clerk shall remove Exhibit 2 to ECF No. 42 from the docket. Signed by Judge Richard J. Leon on 5/28/2013. (lcrjl3) (Entered: 05/28/2013)
2013-05-2848AMENDED MEMORANDUM in Support re 42 First MOTION to Dismiss or Alternatively for Summary Judgment MOTION for Summary Judgment filed by DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF PRISONS. (znmw, ) (Entered: 05/28/2013)
2013-05-28MINUTE ORDER granting 45 Plaintiff's MOTION for Leave to File Under Seal. It is hereby ORDERED that plaintiff's motion is GRANTED, and the enclosed documents (ECF No. 46) are to be placed under seal. Signed by Judge Richard J. Leon on 5/28/2013. (lcrjl3) (Entered: 05/28/2013)
2013-05-28MINUTE ORDER granting 47 Plaintiff's MOTION for Enlargement of Time to respond to 42 Defendants' Motion to Dismiss, or Alternatively, Motion for Summary Judgment. It is hereby ORDERED that plaintiff has up to and including 6/28/2013 to respond. Signed by Judge Richard J. Leon on 5/28/2013. (lcrjl3) (Entered: 05/28/2013)
2013-05-29Filing fee: $ 350.00, receipt number 4616056688. (PAID IN FULL) (kb) (Entered: 06/03/2013)
2013-06-1149RESPONSE re 42 First MOTION to Dismiss or Alternatively for Summary Judgment MOTION for Summary Judgment filed by CARL T. SWOPE. (Attachments: # 1 Exhibits)(jf, ) (Entered: 06/12/2013)
2013-06-1150Cross MOTION for Summary Judgment by CARL T. SWOPE. (See Docket Entry 49 to view document) (jf, ) (Entered: 06/12/2013)
2013-06-1151MOTION for Leave to File Exhibt 20 under seal re 49 RESPONSE re 42 First MOTION to Dismiss or Alternatively, MOTION for Summary Judgment by CARL T. SWOPE (jf, ) (Entered: 06/12/2013)
2013-06-1152LODGED SEALED Exhibit re 51 MOTION for Leave to File Exhibt 20 under seal re 49 RESPONSE re 42 First MOTION to Dismiss or Alternatively, MOTION for Summary Judgment filed by CARL T. SWOPE. (This document is SEALED and only available to authorized persons.)(zjf, ).....(LEAVE TO FILE DENIED PURSUANT TO MINUTE ORDER FILED 6/13/2013)..... Modified on 6/17/2013 (znmw, ). (Entered: 06/12/2013)
2013-06-15MINTUE ORDER denying 51 Plaintiff's MOTION to File Exhibit 20 Under Seal. Inasmuch as the documents submitted for sealing were obtained through plaintiff's Freedom of Information Act request, they are in the public domain. Therefore, it is hereby ORDERED that plaintiff's motion is DENIED. Signed by Judge Richard J. Leon on 6/15/2013. (lcrjl3) (Entered: 06/15/2013)
2013-07-0253REPLY to opposition to motion re 42 First MOTION to Dismiss or Alternatively for Summary Judgment filed by DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF PRISONS. (Attachments: # 1 Declaration, # 2 Declaration, # 3 Declaration, # 4 Exhibit)(Maguire, Matthew) Modified link on 7/3/2013 (znmw, ). (Entered: 07/02/2013)
2013-07-0254Memorandum in opposition to re 50 Cross MOTION for Summary Judgment filed by DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF PRISONS. (See Docket Entry 53 to view document). (znmw, ) (Entered: 07/03/2013)
2013-07-1955MOTION to Strike 53 Reply to opposition to Motion, 54 Memorandum in Opposition by CARL T. SWOPE (rdj) (Entered: 07/23/2013)
2013-07-1956STATUS REPORT by CARL T. SWOPE. (rdj) (Entered: 07/23/2013)
2013-08-0257Memorandum in opposition to re 55 MOTION to Strike 53 Reply to opposition to Motion, 54 Memorandum in Opposition filed by DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF PRISONS. (Attachments: # 1 Exhibit A)(Maguire, Matthew) (Entered: 08/02/2013)
2013-08-1258NOTICE of Appearance by Mary Elizabeth Stratton on behalf of All Defendants (Stratton, Mary) (Entered: 08/12/2013)
2013-08-1259CERTIFICATE OF SERVICE by DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF PRISONS re 58 Notice of Appearance . (Stratton, Mary) (Entered: 08/12/2013)
2013-08-2360Letter from Carl T. Swope. "Leave to file GRANTED" signed by Judge Richard J. Leon (jf, ) (Entered: 08/23/2013)
2013-11-1961NOTICE OF SUBSTITUTION OF COUNSEL by Kimberly J. Duplechain on behalf of All Defendants Substituting for attorney Mary Elizabeth Stratton (Duplechain, Kimberly) (Entered: 11/19/2013)
2014-01-0662NOTICE of Change of Address by CARL T. SWOPE (rdj) (Entered: 01/08/2014)
2014-03-2063MEMORANDUM OPINION AND ORDER: It is hereby ordered that defendant's 42 Motion to Dismiss is GRANTED IN PART AND DENIED IN PART without prejudice; it is further ordered that the plaintiff's 50 Motion for Summary Judgment is DENIED; and it is further ordered that plaintiff's 55 Motion to Strike is DENIED; and it is further ordered that by May 19, 2014, defendant shall supplement the record with evidence describing the search for records responsive to Request No. 2012-03369. SEE ORDER FOR FULL DETAILS. Signed by Judge Richard J. Leon on 03/19/14. (tb, ) (Entered: 03/21/2014)
2014-03-25Set/Reset Deadlines: Supplemental Memorandum due by 5/19/2014. (tb, ) (Entered: 03/25/2014)
2014-03-31MINUTE ORDER terminating 42 Motion for Summary Judgment. Signed by Judge Richard J. Leon on 3/31/2014. (lcrjl3) Modified on 3/31/2014 (lcrjl3, ). (Entered: 03/31/2014)
2014-05-1964NOTICE OF SUBSTITUTION OF COUNSEL by Shuchi Batra on behalf of DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF PRISONS Substituting for attorney Kimberly J. Duplechain (Batra, Shuchi) (Entered: 05/19/2014)
2014-05-1965MOTION for Summary Judgment by DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF PRISONS (Attachments: # 1 Supplemental Declaration of Violet Mack, # 2 Text of Proposed Order)(Batra, Shuchi) (Entered: 05/19/2014)
2014-05-2266ORDER: It is hereby ordered that plaintiff shall respond to defendant's renewed dispositive motion by 6/30/2014, or the Corut will treat the motion as conceded and may enter final judgment for the defendant. Signed by Judge Richard J. Leon on 05/21/14. (tb, ) (Entered: 05/23/2014)
2014-09-2567ORDER Granting Defendants' 65 Renewed Motion for Summary Judgment; and it is further ORDERED that Count IV of the Amended Complaint is DISMISSED and Judgment is entered for the Defendants on all other counts of the complaint. The Clerk is directed to enter judgment accordingly and to close this case. This is a final appealable Order. Signed by Judge Richard J. Leon on 9/24/2014. (jth) (Entered: 09/25/2014)
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