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Case TitleNelson v. United States Of America et al
DistrictMiddle District of Pennsylvania
CityHarrisburg
Case Number1:2015cv01696
Date Filed2015-09-01
Date Closed2016-05-16
JudgeChief Judge Christopher C. Conner
PlaintiffRobert L. Nelson
Case DescriptionRobert Nelson, a federal prisoner, submitted several FOIA requests to the Department of Justice for records concerning his conviction. The Executive Office for U.S. Attorneys acknowledged receipt of his requests. The agency provided some records but Nelson was not satisfied with its response and appealed to the Office of Information Policy. OIP affirmed EOUSA's decision as to Nelson's first request, but his second appeal was still pending when Nelson filed suit.
Complaint issues: Failure to respond within statutory time limit

DefendantUnited States Of America
DefendantDept. of Justice
DefendantUnited States Attorney's Office Middle District of Penna.
DefendantA.U.S.A. Michael Consiglio
DefendantA.U.S.A. Michael Consiglio
TERMINATED: 10/27/2015
Documents
Docket
Complaint
Opinion/Order [10]
Opinion/Order [29]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2015-09-011COMPLAINT against All Defendants and C of S filed by Robert L. Nelson.(pjr) (Entered: 09/01/2015)
2015-09-012PRO SE LETTER ISSUED w/ Notice & Consent Form. (Attachments: # 1 Notice of Consent) (pjr) (Entered: 09/01/2015)
2015-09-013STANDING PRACTICE ORDER informing the parties of their briefing and other responsibilities.Signed by Chief Judge Christopher C. Conner on 09/01/15. (Attachments: # 1 USM 285 Service Form)(pjr) (Entered: 09/01/2015)
2015-09-02430 DAY ADMINISTRATIVE ORDER directing the prisoner to pay the filing fee or file Application to Proceed IFP within 30 days or case will be dismissed.Signed by L. Potoeski on 09/02/2015. (lp) (Entered: 09/02/2015)
2015-09-295MOTION for Leave to Proceed in forma pauperis by Robert L. Nelson.(aaa) (Entered: 09/29/2015)
2015-09-296PRISONER AUTHORIZATION by Robert L. Nelson allowing prison to submit copy of prisoner's trust fund account to the court, and approving the entire filing fee to be deducted from prisoner inmate account. (aaa) (Entered: 09/29/2015)
2015-09-297U.S. MARSHAL - 285, AO 398 and AO 399 Service Forms Completed by Plaintiff. (aaa) (Entered: 09/29/2015)
2015-09-308REPORT AND RECOMMENDATION - Accordingly, for the foregoing reasons, the plaintiffs motion for leave to proceed in forma pauperis is GRANTED, (Doc. 5.), but IT IS RECOMMENDED that the plaintiffs complaint be dismissed as to defendant Consiglio for the failure to state a claim upon which relief can be granted. IT IS FURTHER RECOMMENDED that the complaint be served on the institutional defendants named in this pleading. Objections to R&R due by 10/19/2015. Signed by Magistrate Judge Martin C. Carlson on September 30, 2015. (kjn) (Entered: 09/30/2015)
2015-09-309ADMINISTRATIVE ORDER sent to Prison Superintendent/Warden. Signed by Deputy Clerk on September 30, 2015. (kjn) (Entered: 09/30/2015)
2015-10-2710ORDER ADOPTING REPORT of Chief Magistrate Judge Carlson 8 , DISMISSING pltf's complaint 1 with prejudice as to AUSA Michael Consiglio, & REMANDING matter to Chief Magistrate Judge Carlson for further pretrial management. (See order for complete details.) Signed by Chief Judge Christopher C. Conner on 10/27/15. (ki) (Entered: 10/27/2015)
2015-10-2811ORDER DIRECTING U.S. MARSHAL TO SERVE SUMMONS AND COMPLAINT. Signed by Magistrate Judge Martin C. Carlson on October 28, 2015. (kjn) (Entered: 10/28/2015)
2015-10-2812Summons Issued as to Dept. of Justice, United States Attorney's Office Middle District of Penna., United States Of America and provided TO U.S. MARSHAL for service on Defendant(s)in the manner prescribed by Rule 4 of the Federal Rules of Civil Procedure. (NOTICE TO ATTORNEYS RECEIVING THE SUMMONS ELECTRONICALLY: You must print the summons and the attachment when you receive it in your e-mail and serve them with the complaint on all defendants in the manner prescribed by Rule 4 of the Federal Rules of Civil Procedure). (Attachments: # 1 285 Service Packet, # 2 Waiver Notice, # 3 Pltf Packet) (kjn) (Entered: 10/28/2015)
2015-11-2413SUMMONS Returned Executed. Dept. of Justice, United States Attorney's Office Middle District of Penna, United States Of America personally served on 11/20/2015, answer due 1/19/2016. (lg) (Entered: 11/24/2015)
2015-12-0214NOTICE of Appearance by D. Brian Simpson on behalf of United States Of America. (Simpson, D.) (Entered: 12/02/2015)
2015-12-0315Certified mail return receipt green card received from US Marshal reflecting service on attorney General, Washington DC on 11/17/15. (lg) (Entered: 12/03/2015)
2015-12-1416Prisoner Trust Fund Account Statement by Robert L. Nelson. (ga) (Entered: 12/14/2015)
2016-01-1917MOTION for Extension of Time to File Answer re 1 Complaint by United States Of America. (Attachments: # 1 Certificate of Nonconcurrence, # 2 Proposed Order)(Simpson, D.) (Entered: 01/19/2016)
2016-01-1918MOTION to Dismiss or in the Alternative Motion for Summary Judgment by United States Of America. (Attachments: # 1 Certificate of Nonconcurrence, # 2 Proposed Order)(Simpson, D.) (Entered: 01/19/2016)
2016-01-2119ORDER granting 17 Motion for Enlargement of Time. Signed by Magistrate Judge Martin C. Carlson on January 21, 2016. (kjn) (Entered: 01/21/2016)
2016-02-0120BRIEF IN SUPPORT re 18 MOTION to Dismiss or in the Alternative Motion for Summary Judgment filed by United States Of America. (Attachments: # 1 Exhibit(s))(Simpson, D.) (Entered: 02/01/2016)
2016-02-0121STATEMENT OF FACTS re 20 Brief in Support of Motion for Summary Judgment filed by United States Of America.(Simpson, D.) (Entered: 02/01/2016)
2016-03-09Receipt of payment from ROBERT NELSON in the amount of $20.00 for PLRA CIVIL FILING FEE. Transaction posted on 3/8/2016. Receipt number 333049146 processed by lhannick. (jjs, ) (Entered: 03/09/2016)
2016-03-1122ORDER re: 18 MOTION to Dismiss or in the Alternative Motion for Summary Judgment . IT IS ORDERED that the plaintiff shall file a response to this motion in accordance with Local Rule 7.6 on or before March 25, 2016. Pursuant to Local Rule 7.7 the movants may then file reply briefs on or before April 8, 2016. Signed by Magistrate Judge Martin C. Carlson on March 11, 2016. (kjn) (Entered: 03/11/2016)
2016-03-1823BRIEF IN OPPOSITION re 18 MOTION to Dismiss or in the Alternative Motion for Summary Judgment filed by Robert L. Nelson.(aaa) (Entered: 03/18/2016)
2016-03-3024REPLY BRIEF re 18 MOTION to Dismiss or in the Alternative Motion for Summary Judgment filed by United States Of America. (Attachments: # 1 Exhibit(s), # 2 Unpublished Opinion)(Simpson, D.) (Entered: 03/30/2016)
2016-04-0825REPORT AND RECOMMENDATION re 18 MOTION to Dismiss or in the Alternative Motion for Summary Judgment filed by United States Of America - IT IS RECOMMENDED THAT the court grant the United States motion to dismiss or for summary judgment (Doc. 18) and close the case. Objections to R&R due by 4/25/2016. Signed by Magistrate Judge Martin C. Carlson on April 8, 2016. (kjn) (Entered: 04/08/2016)
2016-04-11Receipt of payment from ROBERT L. NELSON in the amount of $14.00 for PLRA CIVIL FILING FEE. Transaction posted on 4/8/2016. Receipt number 333049616 processed by rmiller. (jjs, ) (Entered: 04/11/2016)
2016-04-1326EXHIBIT A filed by Robert L. Nelson. (aaa) (Entered: 04/13/2016)
2016-04-1427RESPONSE to United States' Reply Brief in Support of Motion to Dismiss or in the Alternative for Summary Judgment filed by Robert L. Nelson. (aaa) (Entered: 04/14/2016)
2016-05-0628OBJECTION to 25 Report and Recommendations filed by Robert Nelson. (aaa) (Entered: 05/06/2016)
2016-05-10Receipt of payment from ROBERT NELSON in the amount of $32.69 for PLRA CIVIL FILING FEE. Transaction posted on 5/9/2016. Receipt number 333050052 processed by gangeli. (jjs, ) (Entered: 05/10/2016)
2016-05-1629ORDER ADOPTING REPORT 25 of Chief Magistrate Judge Carlson, GRANTING US's motion to dismiss or for summary jdgmt 18 , DISMISSING CASE Nelson's complaint 1 under Freedom of Information Act for lack of jurisdiction, & directing Clrk of Ct to CLOSE case. (See order for complete details.) Signed by Chief Judge Christopher C. Conner on 5/16/16. (ki) (Entered: 05/16/2016)
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by FOIA Project Staff
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