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Case TitleHall v. United States of America et al
DistrictDistrict of Utah
CityCentral
Case Number2:2022cv00182
Date Filed2022-03-21
Date Closed2023-05-09
JudgeJudge Howard C. Nielson, Jr
PlaintiffVirgil Hall
Case DescriptionVirgil Hall, a federal prisoner, was arrested for DUI in the State of Utah. Drugs were found in his vehicle and his convicted of possession. He tried to access records concerning his conviction but after hearing nothing from the DEA, he filed suit.
Complaint issues: Failure to respond within statutory time limit

DefendantUnited States of America
TERMINATED: 03/03/2022
DefendantState of Utah
TERMINATED: 03/03/2022
DefendantWashington County Purgatory Correctional Facility Purgatory herein
DefendantDavis County Jail
DefendantIron County Jail
DefendantDept. of Justice Executive Office for United States Attorneys FOIA (DOJ/EOUSA/FOIA herein)
TERMINATED: 03/03/2022
DefendantPaul Kohler Asst. U.S. Attorney
DefendantC. Aldred Corrections Officer
DefendantK. Larsen Washington City Fire
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2021-09-201COMPLAINT against All Defendants, Non-Jury Demand, filed by Virgil Hall. (Attachments: # 1 Exhibits, # 2 Envelope)(JWD) [Transferred from Missouri Eastern on 3/21/2022.] (Entered: 09/21/2021)
2021-09-202MOTION for Leave to Proceed in forma pauperis by Plaintiff Virgil Hall. (JWD) [Transferred from Missouri Eastern on 3/21/2022.] (Entered: 09/21/2021)
2021-09-21Case Opening Notification. Judge Assigned: Honorable Rodney W. Sippel. (JWD) [Transferred from Missouri Eastern on 3/21/2022.] (Entered: 09/21/2021)
2021-09-21***Complaint Letter Created. This is to advise you that this office has received and filed your complaint and has assigned it the above-referenced case number. (JWD) [Transferred from Missouri Eastern on 3/21/2022.] (Entered: 09/21/2021)
2021-09-21***Complaint Letter Processed (see notice of electronic filing for distribution list) Tue Sep 21 14:01:18 CDT 2021 (admin,) [Transferred from Missouri Eastern on 3/21/2022.] (Entered: 09/21/2021)
2022-01-184MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that plaintiff's motion for leave to proceed in forma pauperis (Docket No. 2 ) is GRANTED. IT IS FURTHER ORDERED that the Clerk of Court shall send to plaintiff a copy of the Court's civil complaint form. IT IS FURTHER ORDERED that plaintiff shall file an amended complaint on the Court-provided form within thirty (30) days of the date of this order, in accordance with the instructions set forth above. IT IS FURTHER ORDERED that if plaintiff fails to file an amended complaint on the Court-provided form in accordance with the instructions set forth above within thirty (30) days of the date of this order, this action will be dismissed without prejudice and without further notice. IT IS FURTHER ORDERED that upon receipt of plaintiff's amended complaint, the Court will review it pursuant to 28 U.S.C. § 1915. Signed by District Judge Rodney W. Sippel on 1/18/2022. (KEK) [Transferred from Missouri Eastern on 3/21/2022.] (Entered: 01/18/2022)
2022-01-18ORDER RECEIPT: (see receipt) Docket No: 4. Tue Jan 18 13:37:27 CST 2022 (Kratzer, Katie) [Transferred from Missouri Eastern on 3/21/2022.] (Entered: 01/18/2022)
2022-03-035AMENDED COMPLAINT against defendant Davis County Jail, Iron County Jail, Paul Kohler, C. Aldred, K. Larsen,Terminating United States of America, Dept. of Justice (Executive Office for United States Attorneys FOIA (DOJ/EOUSA/FOIA herein)) and State of Utah Amendment to 1 Complaint none Summons(es) issued, Waivers issued no, Consents issued no, Jury demand,, filed by Virgil Hall. Related document: 1 Complaint filed by Virgil Hall.(NEP) [Transferred from Missouri Eastern on 3/21/2022.] (Entered: 03/03/2022)
2022-03-046MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that the Clerk of Court shall transfer this case to the United States District Court for the District of Utah. See 28 U.S.C. § 1406(b). Signed by District Judge Rodney W. Sippel on 3/4/2022. (KEK) [Transferred from Missouri Eastern on 3/21/2022.] (Entered: 03/04/2022)
2022-03-04ORDER RECEIPT: (see receipt) Docket No: 6. Fri Mar 4 14:29:53 CST 2022 (Kratzer, Katie) [Transferred from Missouri Eastern on 3/21/2022.] (Entered: 03/04/2022)
2022-03-217Case transferred in from USDC of Missouri Eastern; Case Number 4:21-cv-01138. Original file, certified copy of transfer order and docket sheet received. USDC for the District of Utah case number 2:22-cv-00182-JNP, Assigned to Judge Jill N. Parrish. (Entered: 03/21/2022)
2022-06-138Correspondence from Virgil Hall (Please note: docket sheet has been mailed to Mr. Hall). (alf) (Entered: 06/14/2022)
2022-10-249DOCUMENTS LODGED consisting of Correspondence from Plaintiff Virgil Hall. Note: attached document lodged for reference purposes only; no response required unless specifically ordered by the court. (dla) (Entered: 10/25/2022)
2022-11-0810ORDER OF RECUSAL: Judge Jill N. Parrish recused. Case reassigned to Judge Dale A. Kimball for all further proceedings. Signed by Judge Jill N. Parrish on 11/8/22. (dla) (Entered: 11/08/2022)
2022-11-0911ORDER OF RECUSAL - Judge Dale A. Kimball recused. Case reassigned to Judge Howard C. Nielson, Jr for all further proceedings. Signed by Judge Dale A. Kimball on 11/9/2022. (eat) (Entered: 11/09/2022)
2022-12-0512MOTION to Appoint Counsel filed by Plaintiff Virgil Hall. (dla) (Additional attachment(s) added on 1/11/2023: # 1 rescanned for image quality) (kb). (Entered: 12/07/2022)
2022-12-0813DOCKET TEXT ORDER REFERRING CASE to Magistrate Judge Daphne A. Oberg under 28:636 (b)(1)(B), Magistrate to handle case up to and including R&R on all dispositive matters. No attached document. Motions referred to Daphne A. Oberg. Signed by Judge Howard C. Nielson, Jr on 12/8/22. (dla) (Entered: 12/08/2022)
2022-12-0814ORDER REFERRING MOTION 12 MOTION to Appoint Counsel filed by Virgil Hall Motions referred to Daphne A. Oberg. Signed by Judge Howard C. Nielson, Jr., on 12/8/2022. (mlp) (Entered: 12/08/2022)
2022-12-1215MEMORANDUM DECISION AND ORDER denying without prejudice 12 Motion for Appointment of Counsel. Signed by Magistrate Judge Daphne A. Oberg on 12/12/22. (dla) (Entered: 12/12/2022)
2023-04-1216REPORT AND RECOMMENDATION: The undersigned RECOMMENDS the district judge dismiss this action pursuant to 28 U.S.C. § 1915(e)(2)(B). The court will send this Report and Recommendation to Mr. Hall, who is notified of his right to object to it. Any objection must be filed within fourteen days of service.Failure to object may constitute waiver of objections upon subsequent review. Signed by Magistrate Judge Daphne A. Oberg on 4/12/23. (dle) (Entered: 04/12/2023)
2023-05-0217OBJECTION to 16 Report and Recommendations filed by Virgil Hall. (Attachments: # 1 Envelope) (dle) (Entered: 05/03/2023)
2023-05-0918DOCKET TEXT ORDER. On April 12, 2023, Magistrate Judge Oberg entered 16 Report and Recommendation, recommending dismissal of this action pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii). On May 2, 2023, Plaintiff filed 17 Objections to the Report and Recommendation. Having carefully reviewed Judge Oberg's Report and Recommendation, Plaintiff's objections, and the relevant portions of the record, the court concludes that the objections are not well-taken. The court accordingly OVERRULES Plaintiff's objections and ADOPTS 16 Report and Recommendation. This action is DISMISSED. In the interests of justice, dismissal is WITHOUT PREJUDICE. SO ORDERED. Signed by Judge Howard C. Nielson, Jr. on 5/09/2023. No attached document. (tf) (Entered: 05/09/2023)
2023-05-0919JUDGMENT IN A CIVIL CASE: This action is dismissed without prejudice. Case Closed. Signed by Judge Howard C. Nielson, Jr on 5/9/23. (dle) (Entered: 05/09/2023)
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