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Case TitleFrost v. United States Department of Homeland Security
DistrictSouthern District of New York
CityFoley Square
Case Number1:2022cv02858
Date Filed2022-04-06
Date Closed2022-07-11
JudgeJudge Laura Taylor Swain
PlaintiffVinton P. Frost
Case DescriptionVinton Frost submitted a FOIA request to the Department of Homeland Security for records concerning himself and his detention by the agency. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Frost filed suit.
Complaint issues: Failure to respond within statutory time limit

DefendantUnited States Department of Homeland Security
AppealSecond Circuit 22-1681
Documents
Docket
Complaint
Complaint attachment 1
Opinion/Order [6]
Opinion/Order [12]
Opinion/Order [13]
Opinion/Order [17]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2022-04-061REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Vinton P. Frost. (sac) (Entered: 04/07/2022)
2022-04-062COMPLAINT against United States Department of Homeland Security. Document filed by Vinton P. Frost. (sac) (Additional attachment(s) added on 4/7/2022: # 1 Civil Cover Sheet) (sac). (Entered: 04/07/2022)
2022-04-06Case Designated ECF. (sac) (Entered: 04/07/2022)
2022-04-063PRO SE CONSENT TO RECEIVE ELECTRONIC SERVICE. The following party: Vinton P. Frost consents to receive electronic service via the ECF system. Document filed by Vinton P. Frost. (sac) (Entered: 04/07/2022)
2022-04-064NOTICE, CONSENT, AND REFERENCE OF A CIVIL ACTION TO A MAGISTRATE JUDGE. Document filed by Vinton P. Frost. (sac) (Entered: 04/07/2022)
2022-04-19NOTICE OF CASE REASSIGNMENT - SUA SPONTE to Judge Laura Taylor Swain. Judge Unassigned is no longer assigned to the case. (vba) (Entered: 04/19/2022)
2022-04-205ORDER GRANTING IFP APPLICATION: Leave to proceed in this Court without prepayment of fees is authorized. 28 U.S.C. § 1915. (Signed by Judge Laura Taylor Swain on 4/20/2022) (vn) (Entered: 04/20/2022)
2022-05-026ORDER TO AMEND: Plaintiff is granted leave to file an amended complaint that complies with the standards set forth above. Plaintiff must submit the amended complaint to this Court's Pro Se Intake Unit within 60 days of the date of this order, caption the document as an "Amended Complaint," and label the document with docket number 22-CV-2858 (LTS). An Amended Complaint form is attached to this order. No summons will issue at this time. If Plaintiff fails to comply within the time allowed, and he cannot show good cause to excuse such failure, the complaint will be dismissed for failure to state a claim upon which relief may be granted. The Court certifies under 28 U.S.C. § 1915(a)(3) that any appeal from this order would not be taken in good faith, and therefore IFP status is denied for the purpose of an appeal. Cf. Coppedge v. United States, 369 U.S. 438, 444-45 (1962) (holding that an appellant demonstrates good faith when he seeks review of a nonfrivolous issue). (Signed by Judge Laura Taylor Swain on 5/2/2022) (sac) (Entered: 05/02/2022)
2022-05-127NOTICE re: filing of FOIA request to U.S. Dept. of Homeland Security on 5/1122. Document filed by Vinton P. Frost. (Attachments: # 1 Exhibit 1)(sc) (Entered: 05/12/2022)
2022-05-318MOTION FOR CONTINUANCE, re: for Extension of Time to Amend 2 Complaint. Document filed by Vinton P. Frost.(sc) (Entered: 05/31/2022)
2022-06-309AMENDED MOTION FOR CONTINUANCE, Re: to Continue the Court's deadline for filing an Amended Complaint to 8/8/22. Document filed by Vinton P. Frost.(sc) (Entered: 07/01/2022)
2022-07-0710LETTER addressed to Judge Laura Taylor Swain from V. Frost, dated 7/1/22 re: In the process of checking on the employment status of persons of interest in the case Frost v. Steyer et al., I discovered that Rob Chandra, aged 53, father of two, died unexpectedly in 2019. Rob was a witness and participant in the theft of my medical records etc. I think that he was murdered; and I cannot find any information about the nature of his death on the Internet etc. Please share this information about Rob Chandra with the appropriate authorities. I already reported to the FBI about the coincidence of the timing of the deaths of Mayor Lee and Dr. Cmic. Document filed by Vinton P. Frost.(sc) (Entered: 07/07/2022)
2022-07-0811NOTICE OF PRIOR ACTION. Document filed by Vinton P. Frost. (Attachments: # 1 Exhibit 1)(sc) (Entered: 07/11/2022)
2022-07-1112ORDER OF DISMISSAL: Plaintiff's complaint, filed IFP under 28 U.S.C. § 1915(a)(1), is dismissed without prejudice for failure to exhaust administrative remedies. All other pending matters in this case are denied. The Court certifies under 28 U.S.C. § 1915(a)(3) that any appeal from this order would not be taken in good faith, and therefore IFP status is denied for the purpose of an appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). SO ORDERED. (Signed by Judge Laura Taylor Swain on 7/11/22) (rdz) (Entered: 07/12/2022)
2022-07-1113CIVIL JUDGMENT: IT IS ORDERED, ADJUDGED AND DECREED that the complaint is dismissed without prejudice for failure to exhaust administrative remedies. The Court certifies under 28 U.S.C. § 1915(a)(3) that any appeal from the Court's judgment would not be taken in good faith. IT IS FURTHER ORDERED that the Clerk of Court mail a copy of this judgment to Plaintiff and note service on the docket. SO ORDERED. (Signed by Judge Laura Taylor Swain on 7/11/22) (Attachments: # 1 PRO SE APPEAL PACKAGE) (rdz) (Entered: 07/12/2022)
2022-07-1214NOTICE. Document filed by Vinton P. Frost. (sc) (Entered: 07/13/2022)
2022-08-0115SECOND NOTICE OF APPEAL from 12 Order of Dismissal, 13 Judgment - Sua Sponte (Complaint). Document filed by Vinton P. Frost. Form D-P is due within 14 days to the Court of Appeals, Second Circuit. (tp) (Entered: 08/01/2022)
2022-08-01Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: 15 Notice of Appeal. (tp) (Entered: 08/01/2022)
2022-08-01Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for 15 Notice of Appeal filed by Vinton P. Frost were transmitted to the U.S. Court of Appeals. (tp) (Entered: 08/01/2022)
2022-08-0316MOTION FOR ADMINISTRATIVE RELIEF(NOT BY COURT BUT THE PRO SE UNIT)- Plaintiff requests that the Pro Se Unit provide him written copies of the filings made by the Court in this case. His mailing address is 909 Third Avenue, #6671, New York, New York 10150 etc. Document filed by Vinton P. Frost.(sc) (Entered: 08/03/2022)
2022-08-03Request for Copies of Documents Received: Re 16 Motion. Request for copies of the Court filings in this case(to new address) from Vinton Frost received on 8/3/22. Transmission to Records Management for processing. (sc) Modified on 8/3/2022 (sc). (Entered: 08/03/2022)
2022-08-0417ORDER: ORDER: Plaintiff's notice (ECF 14), construed as a motion for reconsideration, is denied. All other pending matters in this case are terminated. This action is closed. The Clerk of Court is directed not to accept any further submissions under this closed case number except for papers directed to the United States Court of Appeals for the Second Circuit. The Court certifies under 28 U.S.C. § 1915(a)(3) that any appeal from this order would not be taken in good faith, and therefore IFP status is denied for the purpose of an appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). SO ORDERED. terminating 16 Motion re: 16 MOTION ADMINISTRATIVE RELIEF(NOT BY COURT BUT THE PRO SE UNIT)- Plaintiff requests that the Pro Se Unit provide him written copies of the filings made by the Court in this case. His mailing address is 909 Third Avenue, #6671, New York, New York 1. (Signed by Judge Laura Taylor Swain on 8/4/22) (rdz) Transmission to Office of the Clerk of Court for processing. (Entered: 08/04/2022)
2022-08-0418MOTION for Leave to Appeal in forma pauperis. Document filed by Vinton P. Frost..(nd) (Entered: 08/10/2022)
2022-08-1619NOTICE RE: PENDING MOTION TO PROCEED IN FORMA PAUPERIS: 15 Notice of Appeal in the above-referenced case has been docketed in the Court of Appeals. According to the district court docket sheet or other available information, appellant has moved for leave to proceed in forma pauperis in district court on August 04, 2022 and that motion is pending. The appeal may not move forward until the motion is determined. Please direct the motion to the appropriate judge for determination. Upon the grant or denial of the motion, please enter the order and transmit it to the Court of Appeals. (tp) (Entered: 08/16/2022)
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by FOIA Project Staff
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