Case Detail

FOIA Project Annotation: A federal court in Kentucky has ruled that the Bureau of Prisons' two-year delay in responding to prisoner Clifton Davidson's request for an audit by the American Correctional Association of the federal facility in which he was housed did not amount to bad faith on the part of the agency and that, as a result, Davidson is not entitled to recoup the majority of his court costs. BOP responded to Davidson's original request in June 2010 and asked him to pay a $33.70 copying charge. He had the amount deducted from his account but never received the documents. After Davidson filed suit in April 2012, the court ordered BOP to explain why it had not provided the documents. BOP admitted to several administrative oversights, but argued that it had compiled 372 pages for Davidson and was waiting for him to pay fees. The court agreed that it did not have jurisdiction because with the agency's willingness to provide the records the case was now moot. Davidson argued that he still had not received the records, but the court noted that "BOP had compiled the responsive documents by August 1, 2012, and was awaiting only Davidson's proper payment of the copying charge. This minor housekeeping matter does not present a legally viable basis upon which to distinguish a uniform body of federal law [finding a FOIA action is moot when the agency responds]." Davidson argued disclosure was in the public interest because it informed inmates of a facility's conditions. But the court pointed out that "while some public interest might result from providing Davidson with the documents he requests from the BOP relative to the ACA audit, or the citizenry might be generally assisted in making an informed judgment about governmental operations, the key word is 'might,' not 'is' or 'will.' The Court is left to speculate about the nature and extent of the benefit to the public. . ." Rejecting Davidson's claim of bad faith on the part of the agency, the court observed that "the BOP's delay in responding to Davidson's FOIA request was quite lengthy, but it resulted from an employee leaving the BOP, and lack of supervisory and administrative oversight, not bad faith. The delay did not stem from the BOP's 'recalcitrance' in opposing Davidson's FOIA request." Nevertheless, the court decided to refund Davidson his $350 filing fee. The case was decided under the caption Clifton B. Davidson v. Bureau of Prisons.
Issues: Delay

Date Filed	Doc #	Docket Text
2011-09-26	1	COMPLAINT & JURY DEMAND - no summons issued; referred to PSO, filed by Clifton B. Davidson (pro se); no postmark on envelope. (Attachments: # 1 Civil Cover Sheet CA Assignment, cover ltr, env, # 2 Summons)(KJR) (Entered: 09/27/2011)
2011-09-26	2	MOTION for Leave to Proceed in forma pauperis by Clifton B. Davidson (pro se); Motions referred to PSO. (KJR) (Entered: 09/27/2011)
2011-09-26	3	Certificate of Inmate Account by Clifton B. Davidson (pro se). (KJR) (Entered: 09/27/2011)
2011-09-27		Conflict Check run. (KJR) (Entered: 09/27/2011)
2011-09-27		***MOTION SUBMITTED TO PSO for review: re 2 MOTION for Leave to Proceed in forma pauperis by Clifton B. Davidson (KJR) (Entered: 09/27/2011)
2011-10-05		IMPORTANT NOTICE - PRIVACY RULES and REDACTION POLICY: F.R.Civ.P. 5.2 requires that personal identification information must be partially redacted from documents filed with the court. Click here for more information on the rules. It is the sole responsibility of counsel and the parties to comply with the rules requiring redaction of personal data identifiers. cc: COR (KJR) (Entered: 10/05/2011)
2011-10-21	4	PAYMENT ORDER: (1) GRANTING pla's 2 Motion for Leave to Proceed in forma pauperis; (2) average monthly deposit is $30.81; (3) initial partial filing fee is $6.16; (4) pla shall pay $6.16 within 30 days; (5) monthly payments; (6) clerk open an account & serve this order & Notice upon Warden where pla is confined. Signed by Judge Karl S. Forester on 10/21/11. (Attachments: # 1 Notice) (KJR)cc: COR,Warden, pla (US Mail) (Entered: 10/21/2011)
2011-11-22	5	NOTICE of initial payment of filing fee & notification to prison of their duty by Clifton B. Davidson (pro se). (Attachments: # 1 ltr to P. Keeling, # 2 ltrs from pla, # 3 env postmarked 11/10/11)(KJR) (Entered: 11/22/2011)
2011-11-22	6	NOTICE of return of document fee from Bureau of Prisons by Clifton B. Davidson (pro se). (Attachments: # 1 account)(KJR) (Entered: 11/22/2011)
2011-12-22	7	MOTION for Order Directing Court Clerk to Serve Complaint and Summons by Clifton B. Davidson (Pro Se). Motions referred to PSO. (Attachments: # 1 Exhibit - Correspondence with Court, # 2 Cover Letter and Envelope (Postmark Dec 21, 2011)(SCD) Modified on 12/27/2011 (SCD). (Additional attachment(s) added on 1/30/2012: # 3 Proposed Order) (RJD). (Entered: 12/27/2011)
2011-12-27		***MOTION SUBMITTED TO PSO for review: re 7 MOTION for Order Directing Court Clerk to Serve Complaint and Summons by Clifton B. Davidson (SCD) (Entered: 12/27/2011)
2012-01-27	8	NOTICE of filing Proposed Order by Clifton B. Davidson, pro se re 7 MOTION for Order by Clifton B. Davidson (Attachments: # 1 Proposed Order, # 2 front & back of envelope (postmarked 1/25/2012))(RJD) (Entered: 01/30/2012)
2012-02-22	9	Letter from Clifton Davidson (pro se); (filed in the record, per Chambers). (Attachments: # 1 Exhibit motion, ltrs) (KJR) Modified text on 2/22/2012 (KJR). (Entered: 02/22/2012)
2012-04-13	10	ORDER: (1) Clerk shall SUBSTITUTE BOP as Dft to this proceeding and TERMINATE Thomas R. Kane as Dft; (2) 7 MOTION for Order Directing Court Clerk to Serve Complaint and Summons is DENIED as MOOT ; (3) Pla's FOIA claims against BOP may proceed, Clerk shall issue summons for Director of BOP; (4) Clerk to prepare necessary number of "Service Packets" as outlined in Order; (5) Clerk prepare 3 Service Packets to send to USMS as outlined in Order; (6) Clerk send USMS required Service Packets for Dft to be served; (7) USMS serve Dft as outlined; (8) w/i 40 days of date of entry of this Order USMS send Service Report to Clerk; (9) Pla advise Clerk's Office of any change in mailing address; failure to do so may result in dismissal of case; (10) Pla must communicate with Court solely through notices or motions filed with Clerk; (11) Pla must serve Dft or their atty with any pleading or document he wishes to submit to Court; Pla send original papers to be filed with Clerk w/certificate of date mailed to Dft or counsel. If District Judge or Magistrate Judge receives any document which has not been filed with Clerk, or which has been filed but fails to include certificate of service of copies, he or she may disregard the document. Signed by Judge Karl S. Forester on 04/13/2012.(DAK)cc: COR,USM, Pro Se Ptf (via U.S. Mail) (Entered: 04/13/2012)
2012-04-13	11	Summons Issued as to Bureau of Prisons, Harley Lappin, US Atty EDKY, US Atty Gen. Summons issued and delivered to U.S. Marshal with a completed USM-285 form and service packet for each defendant to be served. (KJR) (Entered: 04/16/2012)
2012-06-12	12	SUMMONS Returned Executed via certified mail to Bureau of Prisons served on 4/30/2012. Service to U.S. Attorney executed via certified mail on 04/25/2012. (DAK) (Entered: 06/12/2012)
2012-06-20	13	MOTION to Dismiss Or In the Alternative Motion for Summary Judgment by Bureau of Prisons. Motions referred to PSO. (Attachments: # 1 Affidavit, # 2 Proposed Order)(Sparks, Andrew). Added MOTION for Summary Judgment on 6/21/2012 (DAK). Modified text on 6/21/2012 (DAK). (Entered: 06/20/2012)
2012-06-21		NOTICE OF DOCKET MODIFICATION TO Andrew Sparks re 13 MOTION to Dismiss Or In The Alternative MOTION for Summary Judgment; Error: This motion requests 2 forms of relief and only one form of relief was selected; Entry by attorney; Clerk added the motion relief requested. In the future, when filing a motion with multiple reliefs, select a motion relief for each relief requested, so all motions will appear on the Judge's motion report. No further action required by counsel. cc: COR (DAK) (Entered: 06/21/2012)
2012-06-25	14	ORDER: IT IS ORDERED that Pla file response to Dft's 13 MOTION to Dismiss Or In the Alternative Motion for Summary Judgment w/in 21 days ; Dft shall file any reply w/in 14 days after he does so. Signed by Judge Karl S. Forester on 06/25/2012.(DAK)cc: COR,Pro Se Pla (via U.S. Mail). (Entered: 06/25/2012)
2012-07-06	15	RESPONSE in Opposition to Defendant's 13 MOTION to Dismiss Or In the Alternative Motion for Summary Judgment by Bureau of Prisons, filed by Clifton B. Davidson. (Attachments: # 1 Exhibit 1-Affidavit of Clifton Davidson, # 2 Exhibit 2-030310 ltr to FOIA Officer from Davidson, # 3 Exhibit 3-031710 ltr from US DOJ to Davidson, # 4 Exhibit 4-060810 ltr from USDOJ to Davidson, # 5 Exhibit 5-071210 ltr to FOIA,PA from Davidson, # 6 Exhibit 6-All Transactions list from Lexington FMC 031311, # 7 Exhibit 7-BOP Account Transactions 110411, # 8 Exhibit 8-031511 ltr to FOIA,PA from Davidson, # 9 Exhibit 9-081111 ltr from Davidson to BOP, # 10 cover letter, # 11 Envelope, no postmark, FMC dated 07-05-12, # 12 Proposed Order). (DAK) (Entered: 07/06/2012)
2012-07-06	16	MOTION for Summary Judgment, MOTION for Costs by Clifton B. Davidson, MOTION to Produce documents by Clifton B. Davidson, pro se. Motions referred to PSO. (Attachments: # 1 Exhibit 1-Affidavit of Clifton Davidson, # 2 Exhibit 2-030310 ltr to FOIA Officer from Davidson, # 3 Exhibit 3-031710 ltr from US DOJ to Davidson, # 4 Exhibit 4-060810 ltr from USDOJ to Davidson, # 5 Exhibit 5-071210 ltr to FOIA,PA from Davidson, # 6 Exhibit 6-All Transactions list from Lexington FMC 031311, # 7 Exhibit 7-BOP Account Transactions 110411, # 8 Exhibit 8-031511 ltr to FOIA,PA from Davidson, # 9 Exhibit 9-081111 ltr from Davidson to BOP, # 10 cover letter, # 11 Proposed Order, # 12 Envelope, no postmark, FMC dated 070512). (DAK) (Entered: 07/06/2012)
2012-07-06	17	MOTION for Order for Copy of Service of Complaint Documentation by Clifton B. Davidson, pro se. Motions referred to PSO. (Attachments: # 1 Proposed Order, # 2 cover letter). (DAK) (Entered: 07/06/2012)
2012-07-06		***MOTION SUBMITTED TO CHAMBERS of Judge Karl S. Forester for review: re 13 MOTION to Dismiss Or In the Alternative MOTION for Summary Judgment by Bureau of Prisons. (DAK) (Entered: 07/06/2012)
2012-07-06		***MOTION SUBMITTED TO CHAMBERS of PSO for review: re 16 MOTION for Summary Judgment, MOTION for Costs, MOTION to Produce documents, 17 MOTION for Order for Copy of Service of Complaint Documentation by Clifton B. Davidson, pro se. (DAK) (Entered: 07/06/2012)
2012-07-11	18	ORDER: IT IS ORDERED (1) Within 21 days of date of this Order Bureau of Prisons shall file response to 16 MOTION for Summary Judgment/ 15 Response in Opposition; (2) Davidson's requests for attorney's fees and for production of documents are DENIED as PREMATURE ; (3) 17 MOTION for Order for Copy of Service of Complaint Documentation filed by Clifton B. Davidson, pro se, is GRANTED , Clerk shall send Davidson copy of executed return of serve on BOP 12 . Signed by Judge Karl S. Forester on 07/11/2012.(DAK)cc: COR, Pro Se Pla (with copy of DE 12 ). (Entered: 07/11/2012)
2012-07-18	19	Plaintiff's Notice of Clarification re 15 RESPONSE in Opposition to Defendant's 13 MOTION to Dismiss Or In the Alternative Motion for Summary Judgment by Bureau of Prisons by Clifton B. Davidson, pro se. Motions referred to PSO. (Attachments: # 1 Cover Letter, # 2 Envelope, no postmark, FMC stamped 071412). (DAK) Modified text on 8/3/2012. (AWD) (Entered: 07/19/2012)
2012-07-19		***MOTION SUBMITTED TO CHAMBERS of PSO for review: re 19 MOTION/Plaintiff's Notice of Clarification re 15 RESPONSE in Opposition to Defendant's 13 MOTION to Dismiss Or In the Alternative Motion for Summary Judgment by Bureau of Prisons by Clifton B. Davidson, pro se. (DAK) (Entered: 07/19/2012)
2012-08-01	20	REPLY to 13 MOTION to Dismiss by Bureau of Prisons , RESPONSE to 16 MOTION for Summary Judgment filed by Bureau of Prisons. (Attachments: # 1 Exhibit A-BOP 072612 ltr response re Information Request)(Sparks, Andrew) Modified text on 8/2/2012 (DAK). (Entered: 08/01/2012)
2012-08-01	21	RESPONSE to Motion re 16 MOTION for Summary Judgment by Clifton B. Davidson, pro se, filed by Bureau of Prisons. (Attachments: # 1 Exhibit A-BOP 072612 ltr response re Information Request)(DAK) (Entered: 08/02/2012)
2012-08-01		NOTICE OF DOCKET MODIFICATION TO Andrew Sparks re 20 REPLY to Response to Motion; ERROR 1 : This is a reply AND a response. The pleading was filed only as a reply when the document should be filed as two separate entries; Entry by attorney; Clerk re-filed the pleading as a Response 21 . In the future, when filing multiple pleadings within one filing, please refer to the ECF User Manual "Filing Other Types of Documents" for the correct procedure. ERROR 2: attachment was insufficiently described as "Exhibit." Entry by attorney; Correction: the Clerk renamed the attachment. Attachments must be adequately described. Example: Exhibit A (incorrect); Exhibit A Affidavit of John Doe (correct). No further action required by counsel. cc: COR (Entered: 08/02/2012)
2012-08-02		***MOTION SUBMITTED TO CHAMBERS of PSO for review: re 13 MOTION to Dismiss or in the Alternative Motion for Summary Judgment by Bureau of Prisons. (DAK) (Entered: 08/02/2012)
2012-08-08	22	NOTICE TO COURT REGARDING DEFENDANT'S REPLY AND RESPONSE OF DISMISSAL AND SUMMARY JUDGMENT MOTIONS re 13 MOTION to Dismiss or in the Alternative MOTION for Summary Judgment by Bureau of Prisons; 16 MOTION for Summary Judgment by Clifton B. Davidson, pro se. (Attachments: # 1 Envelope, postmarked 080712). (DAK) (Entered: 08/10/2012)
2012-08-10		***FILE SUBMITTED TO CHAMBERS of PSO for review: 22 NOTICE TO COURT REGARDING DEFENDANT'S REPLY AND RESPONSE OF DISMISSAL AND SUMMARY JUDGMENT MOTIONS. (DAK) (Entered: 08/10/2012)
2012-08-14	23	Plaintiff's NOTICE of Payment of Copying Fee re 22 Notice to Court by Clifton B. Davidson, pro se. (Attachments: # 1 Exhibit A-080912 ltr to FOIA, # 2 Exhibit B-Request for Withdrawal of Funds, # 3 cover letter, # 4 Envelope, no postmark). (DAK)(file-stamped 1st pg. returned to Pla via US Mail). (Entered: 08/15/2012)
2012-08-15		***FILE SUBMITTED TO CHAMBERS of PSO for review: 23 Notice of Payment of Copying Fee. (DAK) (Entered: 08/15/2012)
2012-11-06	24	MEMORANDUM OPINION and ORDER: IT IS ORDERED (1) BOP's 13 MOTION to Dismiss is DENIED , the 13 Motion for Summary Judgment is GRANTED ; (2) Davidson's 16 MOTION for Summary Judgment is DENIED ; (3) Court will enter appropriate judgment; (4) action is STRICKEN from docket. Signed by Judge Karl S. Forester on 11/06/2012.(DAK)cc: COR,Pro Se Pla(via US Mail) (Entered: 11/06/2012)
2012-11-06	25	JUDGMENT: It is ORDERED AND ADJUDGED that judgment is ENTERED in favor of Bureau of Prisons. Signed by Judge Karl S. Forester on 11/06/2012.(DAK)cc: COR,Pro Se Pla(via US Mail) (Entered: 11/06/2012)
2012-11-16	26	MOTION for Rule 60 Relief from 25 Judgment by Clifton B. Davidson, pro se. Motions referred to PSO. (Attachments: # 1 Exhibit A-Requests for Withdrawal re Funds, # 2 Cover Letter, # 3 Envelope, no postmark, FMC date-stamped 11/15/12)(DAK) (Entered: 11/19/2012)
2012-11-19		***MOTION SUBMITTED TO CHAMBERS of PSO for review: re 26 MOTION for Rule 60 Relief from 25 Judgment by Clifton B. Davidson, pro se (DAK) (Entered: 11/19/2012)
2012-11-26	27	ORDER: Defendant shall file response to Davidson's 26 MOTION for Rule 60 Relief from 25 Judgment within 21 days of entry of this Order Signed by Judge Karl S. Forester on 11/26/2012.(DAK)cc: COR,Pro Se Pla(via US Mail) (Entered: 11/26/2012)
2012-12-17	28	RESPONSE in Opposition re 26 MOTION for Rule 60 Relief from 25 Judgment by Clifton B. Davidson, pro se filed by Bureau of Prisons. (Attachments: # 1 Exhibit BOP declaration)(Sparks, Andrew) (Entered: 12/17/2012)
2012-12-27	29	Plaintiff's REPLY to Government's 28 Response to Plaintiff's 26 MOTION for Rule 60 Relief from 25 Judgment filed by Clifton B. Davidson, pro se. (Attachments: # 1 cover letter, # 2 Proposed Order, # 3 envelope, no postmark)(DAK) (Entered: 12/27/2012)
2012-12-27		***MOTION SUBMITTED TO CHAMBERS of PSO for review: re 26 MOTION for Rule 60 Relief from 25 Judgment by Clifton B. Davidson, pro se. (DAK) (Entered: 12/27/2012)
2013-03-19	30	MEMORANDUM OPINION & ORDER: IT IS ORDERED (1) Davidson's 26 MOTION for Rule 60 Relief is DENIED ; (2) Within 45 days , BOP shall pay Davidson sum of $350 and file Notice in record informing Court it has done so. Signed by Judge Karl S. Forester on 03/19/2013.(DAK)cc: COR,Pro Se Pla(via US Mail) (Entered: 03/19/2013)
2013-05-02	31	NOTICE OF FILING by Bureau of Prisons re $350.00 payment made pursuant to 30 Memorandum Opinion & Order (Sparks, Andrew) Modified text on 5/3/2013 (MWZ). (Entered: 05/02/2013)
2013-05-03		***FILE SUBMITTED TO CHAMBERS of Judge Karl S. Forester for review: 31 NOTICE OF FILING by Bureau of Prisons re $350.00 payment made pursuant to 30 Memorandum Opinion & Order. (MWZ) (Entered: 05/03/2013)
2013-05-20	32	NOTICE to Court Regarding Defendant's Non-Compliance with Court Order by Clifton B. Davidson (Pro Se) re 31 Notice of Filing, and 30 Memorandum Opinion & Order. (Attachments: # 1 Cover letter, # 2 Envelope (no postmark date)) (MWZ) (Entered: 05/21/2013)
2013-05-20	33	NOTICE OF APPEAL as to 30 Memorandum Opinion & Order by Clifton B. Davidson (Pro Se). No Filing fee received; cc: COR, 6CCA, PSO (Attachments: # 1 Cover letter, # 2 Envelope (no postmark date))(MWZ) (Entered: 05/21/2013)
2013-05-20	34	Designation of the Record on Appeal by Clifton B. Davidson (Pro Se). (Attachments: # 1 Cover letter, # 2 Envelope (no postmark date)) (MWZ) (Entered: 05/21/2013)
2013-05-21		***FILE SUBMITTED TO PSO for review: 33 Notice of Appeal by Clifton B. Davidson (Pro Se). No Filing fee received. (MWZ) (Entered: 05/21/2013)
2013-05-22		Clerk's Note: Filed stamped copies of 32 Notice, 33 Notice of Appeal, and 34 Designation of the Record on Appeal were mailed to Clifton B. Davidson on 5/21/2013. A copy of the docket sheet was mailed to him on 5/22/2013. (MWZ) (Entered: 05/22/2013)
2013-05-22		USCA Case Number 13-5694; Case Manager Jeanine R. Hance for 33 Notice of Appeal filed by Clifton B. Davidson. (MWZ) (Entered: 05/22/2013)
2013-05-24	35	DEFICIENCY ORDER RE: APPELLATE FILING FEE: 1. Clerk mark assigned forms w/ case number and send to plaintiff; 2. Within 28 days of the date of entry of this Order, Davidson must either: A. Pay the filing fee required or B. Complete both 1) a Motion to Proceed In Forma Pauperis on Appeal and Affidavit and 2) a Certificate of Inmate Account certified by prison staff and file them with the Court. 3. Sixth Circuit will dismiss the appeal for failure to prosecute if Davidson does not take one of these steps within 28 days of entry of this Order. 4. Clerk shall transmit a copy of this Order to the Clerk of the Court of Appeals for 6CCA, referencing Case No. 13-5694. Signed by Judge Karl S. Forester on 05/24/2013. (KLB) cc: COR, 6CCA Clerk, Pla via US Mail (with forms). Modified text on 5/24/2013 (KLB). (Entered: 05/24/2013)
2013-07-03	36	ORDER of USCA as to 33 Notice of Appeal filed by Clifton B. Davidson; matter is dismissed for want of prosecution. (Attachments: # 1 cover ltr)(KJR) (Entered: 07/05/2013)
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