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Case TitlePinson v. U.S. Department of Justice
DistrictDistrict of Colorado
CityDenver
Case Number1:2014cv03393
Date Filed2014-12-17
Date Closed2016-05-25
JudgeJudge Raymond P. Moore
PlaintiffJeremy Pinson
Case DescriptionJeremy Pinson, a federal prisoner, submitted numerous FOIA requests to various components of the Department of Justice. While he received some responses to requests, many agencies did not respond or withheld records. He finally filed suit for all claims against DOJ agencies.
Complaint issues: Failure to respond within statutory time limit

DefendantU.S. Department of Justice
DefendantCharles E. Samuels, Jr.
DefendantCharles E. Samuels, Jr.
TERMINATED: 01/20/2015
DefendantJohn Dignam
DefendantJohn Dignam
TERMINATED: 03/12/2015
DefendantCharles Samuels
TERMINATED: 03/12/2015
DefendantDebra Payne
TERMINATED: 03/12/2015
DefendantCharles Alvarez
TERMINATED: 03/12/2015
DefendantVillapondo Lieutenant
TERMINATED: 03/12/2015
Documents
Docket
Complaint
Complaint attachment 1
Opinion/Order [7]
Opinion/Order [8]
Opinion/Order [11]
Opinion/Order [18]
Opinion/Order [26]
Opinion/Order [36]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2014-12-171Case transferred in from District of Columbia; Case Number 12-cv-01872. File, transfer order and docket sheet received, filed by Jeremy Pinson. (Attachments: # 1 Document 1, # 2 Document 1-1, # 3 Document 2, # 4 Document 5, # 5 Document 142, # 6 Docket Sheet)(dbera, ) (Entered: 12/17/2014)
2014-12-172Case assigned to Magistrate Judge Gordon P. Gallagher Text Only Entry (dbera, ) (Entered: 12/17/2014)
2014-12-173COMPLAINT against U.S. Department of Justice Filing Fee: $350Receipt Number:4616052742, filed by Jeremy Pinson. (Attachments: # 1 Document 1-1)(dbera, ) (Entered: 12/17/2014)
2014-12-174AMENDED COMPLAINT against U.S. Department of Justice, filed by Jeremy Pinson.(dbera, ) (Entered: 12/17/2014)
2014-12-175Corrected Second AMENDED COMPLAINT against U.S. Dept. of Justice, Charles E. Samuels Jr., John Dignam., filed by Jeremy Pinson.(dbera, ) (Entered: 12/17/2014)
2014-12-176MOTION to Enforce Order and for Preliminary Injunction. by Plaintiff Jeremy Pinson. (Attachments: # 1 Exhibit)(dbera, ) (Entered: 12/17/2014)
2014-12-177ORDER Granting in Part and Denying in Part Defendant's Request to Dismiss or Sever Plaintiff's Preliminary Injunction. by Rudolph Contreras, United States District Judge, USDC Columbia on 11/21/2014. (dbera, ) (Entered: 12/17/2014)
2014-12-178MEMORANDUM AND OPINION Transferring Plaintiff's Preliminary Injunction and Privacy Act Claim to the United States District Court for the District of Colorado. by Rudolph Contreras, United States District Judge, USDC Columbia on 11/21/2014. (dbera, ) (Entered: 12/17/2014)
2014-12-179FIRST AND FINAL NOTICE TO NONADMITTED ATTORNEY(S) IN REMOVED, TRANSFERRED OR OTHER CASES: Pursuant to or D.C.COLO.LAttyR 5(a), an attorney must be a member of the U.S. District Court's bar to make an appearance and receive notice in any case before the court. The attorney records of the court reflect that the following counsel are not members of the court's bar: Damon William Taaffe, Eric Joseph Young, John H. Spittell, Judith A. Kidwell, Kimberly J. Duplechain, Theresa Ekeoma Dike, Carl Ezekiel Ross, Shannon L. Fagan. In order to make an appearance in this case and receive any further notice regarding this case , counsel must become a member of the court's bar and file an entry of appearance in this case. Counsel can apply for bar membership by accessing the Attorney Services Portal at the following link: https://www.cod.uscourts.gov/CMECF/Register/Login.aspx. Absent any Notice of Entry of Appearance filed, no further direct notices to counsel will be sent . (dbera, ) (Entered: 12/17/2014)
2014-12-1710Letter from Clerk to plaintiff advising case has been transferred to this District and of assignment of a civil case number. (dbera, ) (Entered: 12/17/2014)
2014-12-1811ORDER Directing Plaintiff to Cure Deficiencies, by Magistrate Judge Gordon P. Gallagher on 12/18/14. (morti, ) (Entered: 12/18/2014)
2014-12-2912Mail Returned as Undeliverable re: 10 , Addressed to Jeremy Pinson. (morti, ) Modified on 12/29/2014 to correct document number linked to (morti, ). (Entered: 12/29/2014)
2014-12-2913MINUTE ORDER; The Clerk of the Court is directed to resend ECF No. 10 to Plaintiff at the address noted on the Docket. Applicant shall have thirty days from the date of this Minute Order to submit a properly certified statement showing the current balance in his prisoner account, by Magistrate Judge Gordon P. Gallagher on 12/29/14. (morti, ) (Entered: 12/29/2014)
2014-12-2914CERTIFICATE of Service by Mail by Clerk of Court re 10 Letter to Jeremy Pinson, #16267-064, Springfield Medical Center/Federal Prisoners, Inmate Mail/Parcels, P.O. Box 4000, Springfield, MO 65801. Text Only Entry (morti, ) (Entered: 12/29/2014)
2015-01-0515Plaintiff's MOTION for Leave to Amend, by Plaintiff Jeremy Pinson. (Attachments: # 1 Attachment 1, # 2 Envelope)(morti, ) (Entered: 01/05/2015)
2015-01-0616MINUTE ORDER; Plaintiff's 15 Motion for Leave to Amend is denied as moot pursuant to the December 18, 2014 Order, by Magistrate Judge Gordon P. Gallagher on 1/6/15.(morti, ) (Entered: 01/06/2015)
2015-01-1317MOTION for Order and Clarification Regarding Account Statement, by Plaintiff Jeremy Pinson. (Attachments: # 1 Envelope)(morti, ) (Entered: 01/13/2015)
2015-01-1318MINUTE ORDER re: 17 Motion for Order and Clarification Regarding Account Statement. The Minute Order, ECF No. 13, entered on December 29, 2014, is vacated. Plaintiffs request for an extension of time is granted, by Magistrate Judge Gordon P. Gallagher on 1/13/15.(morti, ) (Entered: 01/13/2015)
2015-01-2019Inmate Trust Fund Account STATEMENT by Plaintiff Jeremy Pinson. (Attachments: # 1 Envelope)(morti, ) (Entered: 01/20/2015)
2015-01-2020AMENDED COMPLAINT against John Dignam, U.S. Department of Justice, Charles Samuels, Debra Payne, Charles Alvarez, Villapondo, filed by Jeremy Pinson. (Attachments: # 1 Envelope)(morti, ) (Entered: 01/20/2015)
2015-03-1221ORDER to Dismiss in Part and to Draw in Part by Judge Lewis T. Babcock on 3/12/15. Defendants Debra Payne, Charles Alvarez, Lieutenant Villapondo, Charles E. Samuels Jr., and John Dignam are dismissed, and 6 Motion to Enforce Order and for Preliminary Injunction is denied. This case is assigned to District Judge Raymond P. Moore and to Magistrate Judge Nina Y. Wang. (dkals, ) (Entered: 03/12/2015)
2015-03-1222ORDER REFERRING CASE to Magistrate Judge Nina Y. Wang. Pursuant to 28 U.S.C. § 636(b)(1)(A) and (B) and Fed. R. Civ. P. 72(a) and (b), this case is referred to the assigned United States Magistrate Judge to (1) convene a scheduling conference under Fed. R. Civ. P. 16(b) and enter a scheduling order meeting the requirements of D.C.COLO.LCivR 16.2, (2) conduct such status conferences and issue such orders necessary for compliance with the scheduling order, including amendments or modifications of the scheduling order upon a showing of good cause, (3) hear and determine pretrial matters, including discovery and other non-dispositive motions, (4) conduct a pretrial conference and enter a pretrial order, and (5) conduct hearings, including evidentiary hearings, and submit proposed findings of fact and recommendations for rulings on dispositive motions. Court sponsored alternative dispute resolution is governed by D.C.COLO.LCivR 16.6. On the recommendation or informal request of the magistrate judge or on the request of the parties by motion, this court may direct the parties to engage in an early neutral evaluation, a settlement conference, or another alternative dispute resolution proceeding. Entered by Judge Raymond P. Moore on 3/12/2015. (Text Only Entry) (rmsec ) (Entered: 03/12/2015)
2015-03-1323Acknowledgement of Service from United States Attorney's office (tscha, ) (Entered: 03/13/2015)
2015-03-2324RETURN of Service upon Director- U.S. Department of Justice on 3/19/2015 (tscha, ) (Entered: 03/23/2015)
2015-04-1325NOTICE of Change of Address/Contact Information by Plaintiff Jeremy Pinson (tscha, ) (Entered: 04/13/2015)
2015-04-2726ORDER Setting Rule 16(b) Scheduling Conference by Magistrate Judge Nina Y. Wang on 04/27/15. Scheduling Conference set for 5/18/2015 11:00 AM in Courtroom C205 before Magistrate Judge Nina Y. Wang. IT IS FURTHER ORDERED that a copy of this Order is to be sent to the following: CASE MANAGER FOR JEREMY PINSON #35363-007, U.S. PENITENTIARY HIGH SECURITY, PO BOX 7000, FLORENCE, CO 81226. (nmarb, ) Modified on 4/27/2015 to correct typo. (nmarb, ). (Entered: 04/27/2015)
2015-04-2727CERTIFICATE of Service by Mail by Clerk of Court of 26 Order, to: Case Manager for Jeremy Pinson #35363-007, Florence High U.S. Penitentiary, P.O. Box 7000, Florence, CO 81226. Text Only Entry (nmarb, ) (Entered: 04/27/2015)
2015-05-0628Proposed Scheduling Order by Plaintiff Jeremy Pinson. (tscha, ) (Entered: 05/06/2015)
2015-05-0629NOTICE of Entry of Appearance by Timothy Bart Jafek on behalf of U.S. Department of JusticeAttorney Timothy Bart Jafek added to party U.S. Department of Justice(pty:dft) (Jafek, Timothy) (Entered: 05/06/2015)
2015-05-1130Proposed Scheduling Order by Defendant U.S. Department of Justice. (Jafek, Timothy) (Entered: 05/11/2015)
2015-05-1231ANSWER to 20 Amended Complaint by U.S. Department of Justice.(Jafek, Timothy) (Entered: 05/12/2015)
2015-05-1432MOTION for Summary Judgment Regarding Exhaustion by Defendant U.S. Department of Justice. (Attachments: # 1 Separate Statement of Undisputed Material Facts, # 2 Segovia Decl. and attachments)(Jafek, Timothy) (Entered: 05/14/2015)
2015-05-1433MEMORANDUM regarding 32 MOTION for Summary Judgment Regarding Exhaustion filed by U.S. Department of Justice. Motion referred to Magistrate Judge Nina Y. Wang. Entered by Judge Raymond P. Moore on 5/14/2015. (Text Only Entry) (rmsec ) (Entered: 05/14/2015)
2015-05-1434MOTION to Stay Pending Resolution of Motion for Summary Judgment Regarding Exhaustion by Defendant U.S. Department of Justice. (Attachments: # 1 Pinson v. Kasdon, Recommedation to Impose Filing Restrictions)(Jafek, Timothy) (Entered: 05/14/2015)
2015-05-1435MEMORANDUM regarding 34 MOTION to Stay Pending Resolution of Motion for Summary Judgment Regarding Exhaustion filed by U.S. Department of Justice. Motion referred to Magistrate Judge Nina Y. Wang. Entered by Judge Raymond P. Moore on 5/14/2015. (Text Only Entry) (rmsec ) (Entered: 05/14/2015)
2015-05-1836COURTROOM MINUTES/MINUTE ORDER for Scheduling Conference/Status Conference held on 5/18/2015 before Magistrate Judge Nina Y. Wang. Motion to Stay Pending Resolution of Motion for Summary Judgment Regarding Exhaustion 34 is GRANTED. The Scheduling Conference is converted to a Status Conference. The Proposed Scheduling Order is not entered at this time. FTR: Courtroom C-205. (bsimm, ) (Entered: 05/21/2015)
2015-05-2637RESPONSE to 32 MOTION for Summary Judgment Regarding Exhaustion filed by Plaintiff Jeremy Pinson. (tscha, ) (Entered: 05/26/2015)
2015-06-1138REPLY to Response to 32 MOTION for Summary Judgment Regarding Exhaustion filed by Defendant U.S. Department of Justice. (Attachments: # 1 Statement of Facts table)(Jafek, Timothy) (Entered: 06/11/2015)
2015-08-1039MOTION for a Preliminary Injunction by Plaintiff Jeremy Pinson. (athom, ) (Entered: 08/10/2015)
2015-08-1140MEMORANDUM regarding 39 MOTION for Preliminary Injunction filed by Jeremy Pinson. Motion referred to Magistrate Judge Nina Y. Wang. Entered by Judge Raymond P. Moore on 8/10/2015. (Text Only Entry) (rmsec ) (Entered: 08/11/2015)
2015-09-0341RESPONSE to 39 MOTION for Preliminary Injunction filed by Defendant U.S. Department of Justice. (Attachments: # 1 Dr. Seaton Decl., # 2 Pinson v. BOP MJ Recommendation)(Jafek, Timothy) (Entered: 09/03/2015)
2015-09-1442MOTION for an Evidentiary Hearing by Plaintiff Jeremy Pinson. (athom, ) (Entered: 09/14/2015)
2015-09-1543MEMORANDUM regarding 42 MOTION for Hearing/Conference filed by Jeremy Pinson. Motion referred to Magistrate Judge Nina Y. Wang. Entered by Judge Raymond P. Moore on 9/15/2015. (Text Only Entry) (rmsec ) (Entered: 09/15/2015)
2015-10-0844RESPONSE to 42 MOTION for Hearing/Conference filed by Defendant U.S. Department of Justice. (Jafek, Timothy) (Entered: 10/08/2015)
2015-10-0845MOTION to Supplement Response to Opposition to Preliminary Injunction, by Plaintiff Jeremy Pinson. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit)(cthom, ) (Entered: 10/08/2015)
2015-10-0946MEMORANDUM regarding 45 MOTION for Order to filed by Jeremy Pinson. Motion referred to Magistrate Judge Nina Y. Wang. Entered by Judge Raymond P. Moore on 10/9/2015. (Text Only Entry) (rmsec ) (Entered: 10/09/2015)
2015-11-1047RESPONSE to 45 MOTION for Order to filed by Defendant U.S. Department of Justice. (Jafek, Timothy) (Entered: 11/10/2015)
2015-11-1948RENEWED MOTION to Appoint Counsel by Plaintiff Jeremy Pinson. (Attachments: # 1 Exhibit)(cthom, ) (Entered: 11/19/2015)
2015-11-2049MEMORANDUM regarding 48 MOTION to Appoint Counsel filed by Jeremy Pinson. Motion referred to Magistrate Judge Nina Y. Wang. Entered by Judge Raymond P. Moore on 11/20/2015. (Text Only Entry) (rmsec ) (Entered: 11/20/2015)
2015-11-2350MOTION to Docket Supplemental Complaint by Plaintiff Jeremy Pinson. (Attachments: # 1 Proposed Document)(cthom, ) (Entered: 11/23/2015)
2015-11-2351MEMORANDUM regarding 50 MOTION for Order to filed by Jeremy Pinson. Motion referred to Magistrate Judge Nina Y. Wang. Entered by Judge Raymond P. Moore on 11/23/2015. (Text Only Entry) (rmsec ) (Entered: 11/23/2015)
2015-12-1452RESPONSE to 50 MOTION for Order to filed by Defendant U.S. Department of Justice. (Jafek, Timothy) (Entered: 12/14/2015)
2016-01-0453RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE by Magistrate Judge Nina Y. Wang on 1/4/16. The court respectfully RECOMMENDS that: Defendant's Motion for Summary Judgment 32 be GRANTED; Plaintiff's Motion for a Preliminary Injunction 39 be DENIED as MOOT; and Plaintiff's Motion to Docket Supplemental Complaint 50 be DENIED. This court hereby ORDERS that: Plaintiff's Motion for an Evidentiary Hearing 42 is DENIED as MOOT; Plaintiffs Motion to Supplement Response to Opposition to Preliminary Injunction 45 is DENIED as MOOT; and Plaintiff's Renewed Motion to Appoint Counsel 48 is DENIED without prejudice. (bsimm, ) (Additional attachment(s) added on 1/5/2016: # 1 Continuation of Main Document Magassouba v Cross, # 2 Continuation of Main Document Merrell v Allred 2, # 3 Continuation of Main Document Merrell v Allred, # 4 Continuation of Main Document Pinson v Oliver) (bsimm, ). (Additional attachment(s) added on 1/5/2016: # 5 Continuation of Main Document Barnes v Allred, # 6 Continuation of Main Document Starr v Downs, # 7 Continuation of Main Document Sayed v Profitt) (bsimm, ). (Entered: 01/04/2016)
2016-01-0454ORDER by Magistrate Judge Nina Y. Wang on 1/4/16 finding as moot 42 Motion for Hearing/Conference; finding as moot 45 Motion for Order; denying 48 Motion to Appoint Counsel pursuant to Recommendation 53 . Text Only Entry(bsimm, ) (Entered: 01/04/2016)
2016-05-2455ORDER adopting 53 Recommendation and Order of United States Magistrate Judge, granting 32 Motion for Summary Judgment and dismissing this case without prejudice, denying as moot 39 Motion for Preliminary Injunction, denying 50 Motion to Docket Supplemental Complaint. Judgment will enter in favor of Defendant and against Plaintiff. Entered by Judge Raymond P. Moore on 5/24/2016. (cpear) (Entered: 05/25/2016)
2016-05-2456AMENDED ORDER re: 55 Order is amended as highlighted, correcting a paragraph number on page 2 of the Order. Entered by Judge Raymond P. Moore on 5/24/2016. (cpear) (Entered: 05/25/2016)
2016-05-2557FINAL JUDGMENT pursuant to 55 Order and 56 Amended Order. Entered by the Clerk of the Court on 5/25/2016. (cpear) (Entered: 05/25/2016)
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