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Case TitlePotts v. Bell
DistrictNorthern District of Alabama
CitySouthern
Case Number2:2013cv00423
Date Filed2013-03-01
Date Closed2013-07-30
JudgeJudge Abdul K Kallon
PlaintiffPaul David Potts
DefendantMike Bell Head Director, Birmingham, AL Social Security, Acting Under Color of Federal Law
Documents
Docket
Opinion/Order [21]
FOIA Project Annotation: The court dismissed Paul David Potts' suit against the Social Security Administration for failure to state a claim, including failure to exhaust his administrative remedies as to any FOIA claim he made.
Issues: Litigation - Jurisdiction - Failure to Exhaust, Litigation - Jurisdiction - Failure to State a Claim
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2013-03-011MOTION (Deemed as Complaint per Court Order 6 ) Under Freedom of Information Pursuant to 5 USC Sec 552 by Paul David Potts. (CVA) Modified on 3/27/2013 (CVA). (Entered: 03/01/2013)
2013-03-012MOTION for Leave to Proceed in forma pauperis by Paul David Potts. (CVA) (Entered: 03/01/2013)
2013-03-013NOTICE REGARDING CONSENT. (CVA) (Entered: 03/01/2013)
2013-03-084MOTION Supplement 1 MOTION by Paul David Potts. (Attachments: # 1 Exhibits)(CVA) (Entered: 03/08/2013)
2013-03-185ORDER granting 2 pla's motion to proceed in forma pauperis; court reminds pla that he must serve dft with complaint by 7/1/13. Signed by Judge Abdul K Kallon on 3/18/13. (ASL) (Entered: 03/18/2013)
2013-03-276ORDER: Plaintiff Paul David Potts' motion under the Freedom of Information Act, 1 , SHALL be treated as a complaint and deemed filed on the date submitted. Moreover, Plaintiff's motion to supplement the record, 4 , SHALL be treated as an amendment to his complaint. Signed by Judge Abdul K Kallon on 03/27/13. (CVA) (Entered: 03/27/2013)
2013-03-277Summons Issued as to Mike Bell; delivered to USM for service. (CVA) (Entered: 03/27/2013)
2013-04-028SUMMONS Returned Executed by Paul David Potts. Mike Bell, SSA, served on 4/1/13; answer due by 5/1/13 (FOIA request-30 days). (CVA) (Entered: 04/03/2013)
2013-04-169SUMMONS Returned Executed by Paul David Potts, copy of summons served on US Attny (4/3/13), US Atty Gen (4/10/13) and SSA (4/8/13). Answer due within 30 days (FOIA request). (CVA) (Entered: 04/17/2013)
2013-04-2610MOTION for Extension of Time to File Answer or Otherwise Respond to Plaintiff's Complaint by Mike Bell. (Ragland, Edward) (Entered: 04/26/2013)
2013-04-2911ORDER granting 10 Motion for Extension of Time to Answer. Defendant has until 6/4/13 to respond. Signed by Judge Abdul K Kallon on 04/29/13. (CVA) (Entered: 04/29/2013)
2013-05-2112Opposition to 10 , Motion for Extension of Time filed by Paul David Potts. (CVA) (Entered: 05/22/2013)
2013-05-2113NOTICE of Filing Joinder of the Parties by Paul David Potts. (CVA) (Entered: 05/22/2013)
2013-05-2814ORDER: In light of the courts decision on April 29, 2013, 11 , granting Defendants extension requested, Plaintiffs motion of rebuttal - opposing that extension - is DENIED as moot 12 .Signed by Judge Abdul K Kallon on 05/28/13. (CVA) (Entered: 05/28/2013)
2013-06-0415MOTION to Dismiss Pursuant to Rules 12(b)(1) and 12(b)(6), Fed. R. Civ. P. by Mike Bell. (Attachments: # 1 Affidavit Declaration of Tiffany Schaefer (with attached Exhibit A), # 2 Affidavit Declaration of Dawn Wiggins, # 3 Affidavit Declaration of M. S. Ledford)(Ragland, Edward) (Entered: 06/04/2013)
2013-06-0416Brief re 15 MOTION to Dismiss Pursuant to Rules 12(b)(1) and 12(b)(6), Fed. R. Civ. P. MOTION to Dismiss Pursuant to Rules 12(b)(1) and 12(b)(6), Fed. R. Civ. P. . (Ragland, Edward) (Entered: 06/04/2013)
2013-06-0517ORDER SETTING PRETRIAL CONFERENCE AND TRIAL: Rule 26 Meeting Report due by 8/5/2013. Final Pretrial Conference set for 10/16/2014 11:15 AM in Hugo L Black US Courthouse, Birmingham, AL before Judge Abdul K Kallon. Bench Trial set for 12/8/2014 09:00 AM in Hugo L Black US Courthouse, Birmingham, AL before Judge Abdul K Kallon. Signed by Judge Abdul K Kallon on 06/05/2013. (CVA) (Entered: 06/05/2013)
2013-06-0518BRIEFING SCHEDULE: Before the court is Defendants Motion to Dismiss 15 . Plaintiffs response is due by June 14, 2013, defendant's reply is due by June 19, 2013. Signed by Judge Abdul K Kallon on 06/05/2014. (CVA) (Entered: 06/05/2013)
2013-06-0719ALND UNIFORM INITIAL ORDER GOVERNING ALL FURTHER PROCEEDINGS reminding parties of their obligations under FRCP26(f) and LR26.1(d) - with appendices attached. Signed by Judge Abdul K Kallon on 6/7/2013. (KSS) (Entered: 06/07/2013)
2013-06-1120RESPONSE in Opposition re 15 MOTION to Dismiss filed by Paul David Potts. (PSM) (Entered: 06/11/2013)
2013-07-3021MEMORANDUM OPINION. Signed by Judge Abdul K Kallon on 07/30/2013. (PSM) (Entered: 07/30/2013)
2013-07-3022ORDER In accordance with the memorandum opinion entered, the court finds in favor of Defendant Mike Bell and against Plaintiff Paul Potts. Therefore, Plaintiff's claims are DISMISSED without prejudice. Signed by Judge Abdul K Kallon on 07/30/2013. (PSM) (Entered: 07/30/2013)
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by FOIA Project Staff
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