| Date Filed | Doc # | Docket Text |
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| 2020-03-19 | | Initiating Pleading & IFP Application Received on 03/19/2020. A copy of the docket sheet has been mailed to the address of record for the pro se party. (zmc) (Entered: 03/20/2020) |
| 2020-03-19 | 1 | COMPLAINT against DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF PRISONS filed by GEORGE E. BIVINS. (Attachment: # 1 Exhibit)(zmc) (Entered: 03/20/2020) |
| 2020-03-19 | 2 | MOTION for Leave to Proceed in forma pauperis by GEORGE E. BIVINS (zmc) (Entered: 03/20/2020) |
| 2020-03-19 | 3 | PRISONER TRUST FUND ACCOUNT STATEMENT for period of six months by GEORGE E. BIVINS (zmc) (Entered: 03/20/2020) |
| 2020-04-03 | 4 | Mail Returned as Undeliverable; Sent to GEORGE BIVINS; Type of Document Returned: docket sheet. (zmc) (Entered: 04/13/2020) |
| 2020-04-14 | 5 | ORDER granting 2 Plaintiff's Motion for Leave to Proceed in forma pauperis; assessing initial partial filing fee pursuant to the PLRA. The Clerk of Court shall randomly assign the case to a district judge for further proceedings. Signed by Judge Amy Berman Jackson on 4/14/20.(ah) (Entered: 04/14/2020) |
| 2020-04-15 | | Case Assigned to Judge Dabney L. Friedrich. (adh, ) (Entered: 04/15/2020) |
| 2020-06-30 | | MINUTE ORDER. The plaintiff initiated this action on March 19, 2020. See Dkt. 1. Pursuant to Fed. R. Civ. P. 4(m), absent good cause, the defendant must be served within 90 days after the complaint was filed. No proof of service has been filed on the public docket. Accordingly, it is ORDERED that (1) the Clerk of Court issue new summonses for defendants and that (2) the U.S. Marshals Service shall serve the defendants, but only after the Marshals Service resumes serving process. See In Re: Suspension of Process Service by U.S. Marshals in District of Columbia Due to Exigent Circumstances Created by the COVID-19 Pandemic, Standing Order No. 20-18 (BAH), March 31, 2020. So Ordered by Judge Dabney L. Friedrich on June 30, 2020. (lcdlf3) (Entered: 06/30/2020) |
| 2020-09-15 | 6 | SUMMONS (4) Issued as to DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF PRISONS, U.S. Attorney and U.S. Attorney General sent to the U.S. Marshals Service. (zmc) (Entered: 09/16/2020) |
| 2020-10-14 | 7 | RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 10/13/2020. Answer due for ALL FEDERAL DEFENDANTS by 11/12/2020. (eg) (Entered: 10/16/2020) |
| 2020-10-20 | 8 | RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney General. Date of Service Upon United States Attorney General on 10/19/2020 (eg) Modified party served on 11/3/2020 (eg). (Entered: 10/21/2020) |
| 2020-10-20 | 9 | Summons Returned Unexecuted by GEORGE E. BIVINS as to DEPARTMENT OF JUSTICE. (eg) (Entered: 10/21/2020) |
| 2020-10-23 | 10 | NOTICE of Appearance by Kathleene A. Molen on behalf of All Defendants (Molen, Kathleene) (Entered: 10/23/2020) |
| 2020-11-02 | 11 | Summons Returned Unexecuted by GEORGE E. BIVINS as to FEDERAL BUREAU OF PRISONS. (eg) (Entered: 11/03/2020) |
| 2020-11-12 | 12 | ANSWER to 1 Complaint by DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF PRISONS.(Molen, Kathleene) (Entered: 11/12/2020) |
| 2020-11-13 | | MINUTE ORDER requiring the parties to MEET AND CONFER and file a joint status report proposing a schedule for further proceedings. The status report should address the status of the plaintiff's FOIA request, including the anticipated number of documents responsive to the request and the anticipated date(s) for release of the requested documents. The parties shall file the joint status report on or before December 14, 2020. Signed by Judge Dabney L. Friedrich on November 13, 2020. (lcdlf3) (Entered: 11/13/2020) |
| 2020-11-13 | | Set/Reset Deadlines: Status Report due by 12/14/2020 (zjch) (Entered: 11/13/2020) |
| 2020-12-14 | 13 | STATUS REPORT by DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF PRISONS. (Molen, Kathleene) (Entered: 12/14/2020) |
| 2020-12-15 | | MINUTE ORDER. Upon consideration of the defendants' 13 Status Report, it is ORDERED that the defendants shall file their motion to dismiss on or before January 29, 2021. So ordered by Judge Dabney L. Friedrich on December 15, 2020. (lcdlf3) (Entered: 12/15/2020) |
| 2020-12-15 | | Set/Reset Deadlines: Dispositive Motions due by 1/29/2021. (zjch) (Entered: 12/16/2020) |
| 2021-01-26 | 14 | MOTION for Extension of Time to File a Motion for Summary Judgment in lieu of a Motion to Dismiss by DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF PRISONS. (Attachments: # 1 Text of Proposed Order)(Molen, Kathleene) (Entered: 01/26/2021) |
| 2021-01-27 | | MINUTE ORDER granting the defendants' 14 Motion for an Extension of Time to File a Motion for Summary Judgment in Lieu of a Motion to Dismiss. Accordingly, the defendants shall file their Motion for Summary Judgment on or before March 1, 2021. So ordered by Judge Dabney L. Friedrich on January 27, 2021. (lcdlf3) (Entered: 01/27/2021) |
| 2021-03-01 | 15 | MOTION for Summary Judgment by DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF PRISONS. (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Declaration M. Chandler, # 4 Exhibit 1, # 5 Text of Proposed Order)(Molen, Kathleene) (Entered: 03/01/2021) |
| 2021-03-02 | | MINUTE ORDER. Before the Court is the defendant's 15 Motion for Summary Judgment. Pursuant to Neal v. Kelly, 963 F.2d 453 (D.C. Cir. 1992), the Court reminds the plaintiff that on a motion for summary judgment, "any factual assertions in the movant's affidavits will be accepted as being true unless [the opposing party] submits his own affidavits or other documentary evidence contradicting the assertion." Id. at 456. Under Fed. R. Civ. P. 56(e), if a party fails to properly support an assertion of fact or fails to properly address another party's assertion of fact as required by Rule 56(c), the court may: (1) give an opportunity to properly support or address the fact; (2) consider the fact undisputed for purposes of the motion; (3) grant summary judgment if the motion and supporting materials, including the facts considered undisputed, show that the movant is entitled to it; or (4) issue any other appropriate order. Thus, failure to respond to the defendant's motion in this case carries with it the risk that the case will be dismissed or that judgment will be entered for the defendant. Accordingly, the plaintiff shall file any response to the defendant's 15 Motion for Summary Judgment on or before March 23, 2021. The Clerk of Court is directed to mail this minute order to the plaintiff's address on record. So Ordered by Judge Dabney L. Friedrich on March 2, 2021. (lcdlf3) (Entered: 03/02/2021) |
| 2021-03-02 | | Set/Reset Deadlines: Response to Motion for Summary Judgment due by 3/23/2021. (zjch) (Entered: 03/02/2021) |
| 2021-08-20 | | Partial Filing Fee Received from George E. Bivins in the amount of $133.61, receipt number: 200402. (fb) (Entered: 08/20/2021) |
| 2021-11-02 | 16 | NOTICE OF SUBSTITUTION OF COUNSEL by Dedra Seibel Curteman on behalf of All Defendants Substituting for attorney Kathleene Molen (Curteman, Dedra) (Entered: 11/02/2021) |
| 2022-01-26 | | MINUTE ORDER. On March 1, 2021, defendants filed 15 Motion for Summary Judgment in this case. Thereafter, the Court reminded the plaintiff that, pursuant to Neal v. Kelly , 963 F.2d 453 (D.C. Cir. 1992), a failure to respond to the defendants' 15 Motion for Summary Judgment could result in the Court treating all factual assertions in the defendants' affidavits as true and entering judgment in favor of the defendants. See Minute Order of March 2, 2021. As of today, however, the docket reflects that the plaintiff has not filed any response to the defendants' motion. Since this FOIA case was filed, the defendants released some documents to the plaintiff. See Defs.' Statement of Undisputed Material Facts para. 11, Dkt. [15-2]. Documents were also released to the plaintiff pursuant to his petition for a writ of habeas corpus in Bivins v. Warden, FCI Edgefield , No. 20-cv-1065 (D.S.C. Mar. 16, 2020). See Defs.' Statement of Undisputed Material Facts paras. 5, 7. Accordingly, it is unclear whether there continues to be any dispute over the defendants' document production. Therefore, it is hereby ORDERED that the plaintiff file, on or before March 1, 2022, either (1) an opposition to defendants' 15 Motion for Summary Judgment, if he contests the defendants' production, or (2) a Notice of Voluntary Dismissal, if he is satisfied with the defendants' production. If the plaintiff fails to respond on or before March 1, 2022, or provide good cause for his failure to do so, the Court will dismiss this case for failure to prosecute. The Clerk of Court is directed to mail a copy of this minute order to the plaintiff's address of record at his facility of incarceration. So Ordered by Judge Dabney L. Friedrich on January 26, 2022. (lcdlf3) (Entered: 01/26/2022) |
| 2022-03-22 | | Partial Filing Fee Received from George Bivins in the amount of $40, receipt number 201783. (znm) (Entered: 03/22/2022) |
| 2022-03-29 | | MINUTE ORDER. On March 1, 2021, defendants filed their 15 Motion for Summary Judgment in this case. On January 26, 2022, the plaintiff was reminded a second time that, pursuant to Neal v. Kelly , 963 F.2d 453 (D.C. Cir. 1992), failure to respond to the defendants' 15 Motion for Summary Judgment could result in the Court treating all factual assertions in the defendants' affidavits as true and entering judgment in favor of the defendants. See Minute Order of January 26, 2022. The plaintiff was also ordered to show cause, on or before March 1, 2022, why this case should not be dismissed without prejudice for failure to prosecute pursuant to Rule 41(b) of the Federal Rules of Civil Procedure and Rule 83.23 of the Local Rules. See Minute Order of January 26, 2022. The deadline has passed, and the plaintiff has failed to show cause or make any other filing with this Court. Accordingly, it is ORDERED that this case is DISMISSED WITHOUT PREJUDICE. It is further ORDERED that the defendants' 15 Motion for Summary Judgment is DENIED as MOOT. The Clerk of Court is directed to close this case. The Clerk of Court is further directed to mail a copy of this Minute Order to the plaintiff's address of record at his facility of incarceration. So Ordered by Judge Dabney L. Friedrich on March 29, 2022. (lcdlf3) (Entered: 03/29/2022) |
| 2022-04-13 | | Partial Filing Fee Received from George Bivins in the amount of $64.36, receipt number 201928. (znm) (Entered: 04/13/2022) |
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