| Date Filed | Doc # | Docket Text |
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| 2016-08-10 | 1 | MOTION for Leave to Proceed in forma pauperis by MARC D. FOLEY. (Attachments: # 1 Complaint, # 2 Exhibits, # 3 Motion to Waive Marshall's Fees, # 4 Envelope) (dm) (Entered: 08/10/2016) |
| 2016-08-10 | | USM285 Received for US Department of Justice (dm) (Entered: 08/10/2016) |
| 2016-08-11 | 2 | ORDER granting 1 Motion for Leave to Proceed in forma pauperis and the Clerk is directed to file the Complaint. The filing fee is $350 and Plaintiff having been granted leave to prosecute in forma pauperis, pursuant to the Prison Litigation Reform Act, the Superintendent/Warden of the institution where this inmate is incarcerated is directed to remit from the prisoners account, in monthly installments, the full $350 fee. Enclosed is a copy of the form Authorization which Plaintiff is directed to execute and return to the Clerk of Court or withdraw this action by August 22, 2016. Failure to do so may result in the dismissal of this action for failure to prosecute. IT IS HEREBY ORDERED that as soon as funds are available in the inmates prison account, the Superintendent/Warden shall submit an initial partial payment of twenty per cent (20%) of the greater of: 1) the average monthly deposits to the inmates account for the past six months, or 2) the average monthly balance in the inmates prison account for the past six months. The remittance must be accompanied by a statement of the calculations used to arrive at the amount, a copy of which the Superintendent/Warden shall furnish to the inmate. After the initial payment, if there remains any unpaid fee due and owing the Court, the Superintendent/Warden in any institution where the inmate is incarcerated is required by law to set aside and remit on a monthly basis twenty percent (20%) of the preceding months deposits credited to the prisoners account until the filing fee has been paid in full. Each time a deposit is made to the inmates account, the Superintendent/Warden shall set aside the deposit immediately before any disbursement is made by the inmate, until an amount equal to twenty percent (20%) of the previous months deposits is obtained. When the twenty percent (20%) amount is obtained, and the amount in the account exceeds ten dollars, it shall be transmitted in one monthly payment to the Clerk of Court. Each payment shall be clearly identified by name and number of the prisoner and the number assigned to this civil action. Payments must be made payable to Clerk, U.S. District Court of the Western District of Pennsylvania and transmitted to: Clerk of Court, U.S. District Court for Western District of Pennsylvania, 17 South Park Row, Erie, PA 16501. In the event the Plaintiff is transferred to a different correctional facility before the full filing fee is paid, this Order must be forwarded to the Superintendent/Warden of the receiving institution. This Order will be binding on the Superintendent/Warden of any correctional facility where the prisoner is incarcerated until the filing fee is paid in full in accordance with provisions of 28 U.S.C. § 1915(b)(1). Signed by Magistrate Judge Susan Paradise Baxter on 8/11/16. (Attachments: # 1 Authorization) (lrw) (Entered: 08/11/2016) |
| 2016-08-11 | | Remark: Notice and Consent Form mailed to Plaintiff this date. (lrw) (Entered: 08/11/2016) |
| 2016-08-11 | 3 | COMPLAINT against UNITED STATES DEPARTMENT OF JUSTICE, filed by MARC D. FOLEY. (Attachments: # 1 Exhibit) (dm) (Entered: 08/12/2016) |
| 2016-08-11 | 4 | MOTION to Waive Marshall's Fees by MARC D. FOLEY. (dm) (Entered: 08/12/2016) |
| 2016-08-16 | 5 | TEXT ORDER denying 4 Motion to Waive Marshall's Fees. Signed by Magistrate Judge Susan Paradise Baxter on 8/16/16. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (lrw) (Entered: 08/16/2016) |
| 2016-08-19 | 6 | CONSENT to Trial/Jurisdiction by US Magistrate Judge by MARC D. FOLEY. (dm) (Entered: 08/19/2016) |
| 2016-08-19 | 7 | Authorization permitting withdrawal of prison account funds to pay filing fee by MARC D. FOLEY. (dm) (Entered: 08/19/2016) |
| 2016-08-23 | 8 | ORDER that the United States Marshal is directed to mail a copy of the complaint, summons, and this order to each defendant as directed by plaintiff. Costs shall be advanced by the United States. Signed by Magistrate Judge Susan Paradise Baxter on 8/23/16. (lrw) (Entered: 08/23/2016) |
| 2016-08-24 | | Service copies placed in US Marshal box (dm) (Entered: 08/24/2016) |
| 2016-10-06 | 9 | SUMMONS/Return of Service Returned Executed by MARC D. FOLEY. UNITED STATES DEPARTMENT OF JUSTICE served; US ATTORNEY GENERAL served; US ATTORNEY served on 9/23/2016, answer due 11/22/2016. (dm) (Entered: 10/06/2016) |
| 2016-10-12 | 10 | NOTICE of Appearance by Jennifer R. Andrade on behalf of UNITED STATES DEPARTMENT OF JUSTICE. (Andrade, Jennifer) (Entered: 10/12/2016) |
| 2016-10-13 | 11 | NOTICE of Change of Address by MARC D. FOLEY. FILER advised that the change of address has been made on above captioned matter only. If you wish to have address changed on other matters before this court, it is your responsibility to file such a notice at each case number. This NEF has been mailed to MARC D. FOLEY. (nk) (Entered: 10/13/2016) |
| 2016-10-20 | 12 | MOTION for Extension of Time to File Answer re 3 Complaint filed by MARC D. FOLEY by UNITED STATES DEPARTMENT OF JUSTICE. (Attachments: # 1 Proposed Order) (Andrade, Jennifer) (Entered: 10/20/2016) |
| 2016-10-20 | 13 | ORDER granting 12 Motion for Extension of Time to Answer 3 Complaint filed by MARC D. FOLEY UNITED STATES DEPARTMENT OF JUSTICE answer due 12/8/2016. IT IS FURTHER ORDERED that on or before December 8, 2016, Defendant shall file a proposed FOIA processing and briefing schedule detailing the amount of documentation that the Defendant has identified which is responsive to Plaintiffs FOIA request, and including date(s) for production, an opportunity for Plaintiff to challenge the production directly with the agency, as well as proposed dates for substantive briefing. Signed by Magistrate Judge Susan Paradise Baxter on 10/20/2016. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (dm) (Entered: 10/20/2016) |
| 2016-10-25 | | Remark: Notice of Address change mailed to plaintiff at Coolidge House was returned marked "Moved left no forwarding address" (nk) (Entered: 10/25/2016) |
| 2016-11-17 | | Remark: Order dated 11/2/16 Mailed to Petitioner at SCI Albion was returned marked "Paroled" (nk) (Entered: 11/17/2016) |
| 2016-12-01 | 14 | ANSWER to 3 Complaint by UNITED STATES DEPARTMENT OF JUSTICE. (Andrade, Jennifer) (Entered: 12/01/2016) |
| 2016-12-01 | 15 | MOTION for FOIA Processing Schedule and Amended Pleadings by UNITED STATES DEPARTMENT OF JUSTICE. (Attachments: # 1 Proposed Order) (Andrade, Jennifer) (Entered: 12/01/2016) |
| 2016-12-20 | 16 | ORDER that the Motion 15 is GRANTED; IT IS FURTHER ORDERED that on or before February 10, 2017 (60 days from December 12, 2016), Defendant shall release the first batch of responsive documents to Plaintiff. IT IS FURTHER ORDERED that Defendant shall release responsive documents every 30 days thereafter until complete; IT IS FURTHER ORDERED that within 7 days of its final release of documents, Defendant shall advise the Court of the same; IT IS FURTHER ORDERED that within 30 days of receipt of Defendants final release of responsive documents, Plaintiff shall file either an Amended Complaint with respect to any part of the release he challenges, or in the alternative, advise the Court that he is satisfied with the production and voluntarily withdraw this action; IT IS FURTHER ORDERED that to the extent Plaintiff files an Amended Complaint, Defendant shall file a response within 45 days. Signed by Magistrate Judge Susan Paradise Baxter on 12/20/16. (lrw) (Entered: 12/20/2016) |
| 2017-01-13 | | Remark: Order dated 12/20/16 mailed to R. Foley was returned marked "return to sender, unable to forward" (nk) (Entered: 01/13/2017) |
| 2017-02-06 | 17 | NOTICE of Change of Address by MARC D. FOLEY. FILER advised that the change of address has been made on above captioned matter only. If you wish to have address changed on other matters before this court, it is your responsibility to file such a notice at each case number. This NEF has been mailed to MARC D. FOLEY. (dm) (Entered: 02/06/2017) |
| 2017-03-16 | 18 | TEXT ORDER, Defendants' Willingness to proceed before Magistrate Judge due by 3/24/2017. Signed by Magistrate Judge Susan Paradise Baxter on 3/16/17. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (lrw) (Entered: 03/16/2017) |
| 2017-03-17 | 19 | CONSENT to Trial/Jurisdiction by US Magistrate Judge by UNITED STATES DEPARTMENT OF JUSTICE. (Andrade, Jennifer) (Entered: 03/17/2017) |
| 2017-06-15 | 20 | MOTION to Dismiss re 3 Complaint, MOTION for Summary Judgment by UNITED STATES DEPARTMENT OF JUSTICE. (Attachments: # 1 Proposed Order) (Andrade, Jennifer) (Entered: 06/15/2017) |
| 2017-06-15 | 21 | BRIEF in Support re 20 Motion to Dismiss, Motion for Summary Judgment filed by UNITED STATES DEPARTMENT OF JUSTICE. (Attachments: # 1 Declaration of David M. Hardy, # 2 Exhibit A - L) (Andrade, Jennifer) (Entered: 06/15/2017) |
| 2017-06-20 | 22 | ORDER Response/Briefing Schedule re 20 Motion to Dismiss, Motion for Summary Judgment: Plaintiff's Response to Motion due by 7/18/2017. Signed by Magistrate Judge Susan Paradise Baxter on 6/20/17. (lrw) (Entered: 06/20/2017) |
| 2017-07-12 | 23 | MOTION to Withdraw 20 MOTION to Dismiss re 3 Complaint MOTION for Summary Judgment by UNITED STATES DEPARTMENT OF JUSTICE. (Attachments: # 1 Proposed Order) (Andrade, Jennifer) (Entered: 07/12/2017) |
| 2017-07-13 | 24 | ORDER upon consideration of 23 Defendants Motion to Withdraw its Motion to Dismiss, or in the Alternative, for Summary Judgment 20 , without prejudice, on the basis of mootness, IT IS HEREBY ORDERED that the Motion is GRANTED and that the Motion to Dismiss, or in the Alternative, for Summary Judgment 20 is HEREBY dismissed as moot, without prejudice to raising the issue again should Plaintiff fail to comply with his payment of fees obligations under the FOIA; IT IS FURTHER ORDERED that the Courts December 20, 2016 Order setting forth a FOIA processing schedule 16 remains in effect, and that Defendants next interim release of records shall be completed on or before August 10, 2017, with each subsequent release of records to continue in accordance with that Order. Signed by Magistrate Judge Susan Paradise Baxter on 7/13/17. (lrw) (Entered: 07/13/2017) |
| 2017-07-13 | 25 | TEXT ORDER dismissing as moot 20 Motion to Dismiss, Motion for Summary Judgment, per Order 24 filed this date. Signed by Magistrate Judge Susan Paradise Baxter on 7/13/17. (lrw) (Entered: 07/13/2017) |
| 2018-01-18 | 26 | Renewed MOTION to Dismiss by UNITED STATES DEPARTMENT OF JUSTICE. (Attachments: # 1 Proposed Order) (Andrade, Jennifer) (Entered: 01/18/2018) |
| 2018-01-18 | 27 | BRIEF in Support re 26 Motion to Dismiss filed by UNITED STATES DEPARTMENT OF JUSTICE. (Attachments: # 1 Affidavit of David M. Hardy with Exhibits A, B, and C) (Andrade, Jennifer) (Entered: 01/18/2018) |
| 2018-01-19 | 28 | TEXT ORDER Response/Briefing Schedule re 26 Renewed Motion to Dismiss: Plaintiff's Response to Motion due by 2/16/2018. Signed by Magistrate Judge Susan Paradise Baxter on 1/19/18. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (lrw) (Entered: 01/19/2018) |
| 2018-09-21 | | Case Reassigned to Judge Susan Paradise Baxter. Magistrate Judge Susan Paradise Baxter no longer assigned to the case. (kly) (Entered: 09/21/2018) |
| 2018-11-06 | 29 | MEMORANDUM OPINION, for the reasons set forth in this Opinion, the 26 Renewed MOTION to Dismiss filed by UNITED STATES DEPARTMENT OF JUSTICE will be granted and the case dismissed with prejudice. An appropriate Order follows. Signed by Judge Susan Paradise Baxter on 11/6/18. (lrw) (Entered: 11/06/2018) |
| 2018-11-06 | 30 | ORDER: For the reasons stated in this Courts accompanying Memorandum Opinion issued on this date, IT IS HEREBY ORDERED that Defendants motion to dismiss or, in the alternative, for summary judgment 26 is GRANTED and this case is DISMISSED, with prejudice. The Clerk is directed to mark this case closed. Signed by Judge Susan Paradise Baxter on 11/6/18. (lrw) (Entered: 11/06/2018) |
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