Date Filed | Doc # | Docket Text |
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2023-03-13 | 1 | APPLICATION by Carlos Delgado to Proceed without Prepayment of Fees and Costs. (Attachment: # 1 Inmate Inquiry) (mk) |
2023-03-13 | 2 | FOIA COMPLAINT FOR INJUNCTIVE AND DECLARATIVE RELIEF. (Attachments: # 1 Exhibits in Support, # 2 Envelope) (mk) |
2023-03-13 | 3 | STANDING ORDER IN RE: ASSIGNMENT AND REFERRAL OF CIVIL ACTIONS AND MATTERS TO MAGISTRATE JUDGES ENTERED JANUARY 4, 2016. This case is referred to Magistrate Judge Omar J. Aboulhosn for Findings of Fact and Recommendations for disposition. (cc: attys; any unrepresented party) (mk) |
2023-03-13 | | CASE assigned to Senior Judge David A. Faber. (klc) (Entered: 03/14/2023) |
2023-04-05 | 4 | SUPPLEMENT to 2 FOIA COMPLAINT for Injunctive and Declarative Relief by Carlos Delgado against United States of America (Attachments: # 1 Cover Letter & Envelope, # 2 Proposed Summons) (arb) (Entered: 04/06/2023) |
2023-08-10 | 5 | ORDER GRANTING 1 APPLICATION TO PROCEED WITHOUT PREPAYMENT OF FEES It is ORDERED that the Clerk revise the Docket Sheet to reflect the United States Postal Inspection Service ("USPIS") as the defendant and TERMINATE the United States of America from the Docket Sheet. Plaintiff shall pay the full amount of the filing fee of $350.00 by payments sent to the Clerk of the Court by the prison where Plaintiff is incarcerated. However, due to Plaintiff's lack of funds, the Court does not assess an initial partial filing fee. Nevertheless, Plaintiff is required to make monthly payments until he has paid the total filing fee. It is further ORDERED and NOTICED that if Plaintiff obtains a recovery in this action, it shall be paid to the Clerk of the Court who shall pay therefrom all unpaid costs taxed against Plaintiff including any balance due for the payment of the filing fee, and pay the balance to the Plaintiff and his attorney, if any. If judgment is rendered against Plaintiff and the judgment includes the payment of costs, Plaintiff will be required to pay the full amount of the costs in installments as the Court determines, notwithstanding that his Application to Proceed Without Prepayment of Fees has been granted. Plaintiff is to notify the Court in writing, within thirty (30) days of entry of this Order, should he wish to not prosecute this civil action. The Clerk shall issue process by preparing and serving a Summons and a copy of Plaintiff's 2 Complaint and 4 Supplement to Complaint upon USPIS as specified in Rule 4, Fed.R.Civ.P. Signed by Magistrate Judge Omar J. Aboulhosn on 8/10/2023. (cc: Plaintiff, counsel of record and Trustee Officer at FCI McDowell) (arb) |
2023-08-10 | 6 | SUMMONS ISSUED by the Clerk on behalf of Carlos Delgado for United States Postal Inspection Service, re: 2 FOIA Complaint and 4 Supplement to FOIA Complaint, returnable 60 days. Original and one copy sent by Clerk via cert. mail, RRR, restricted delivery. (Attachments: # 1 Attorney General & United States Attorney Summons, # 2 Certified Mail Receipts (3)) (arb) |
2023-08-15 | 7 | SUMMONS RETURNED EXECUTED for United States Attorney, on behalf of United States Postal Inspection Service, re: 2 FOIA Complaint and 4 Supplement to FOIA Complaint. United States Attorney, on behalf of United States Postal Inspection Service, served on 8/14/2023, answer due 10/13/2023. (arb) |
2023-08-17 | 8 | SUMMONS RETURNED EXECUTED for United States Postal Inspection Service on 8/16/2023, re: 2 FOIA Complaint and 4 Supplement to FOIA Complaint. (arb) |
2023-08-17 | 9 | SUMMONS RETURNED EXECUTED for Attorney General, on behalf of United States Postal Inspection Service, on 8/16/2023, re: 2 FOIA Complaint and 4 Supplement to FOIA Complaint. Person Served: Eddie L. Anderson. (arb) |
2023-09-11 | 10 | Partial Filing Fee Received: $10.88, Receipt No. 1000231. (arb) |
2023-10-11 | 11 | MOTION by United States Postal Inspection Service to Dismiss or, in the Alternative, for Summary Judgment re: 2 FOIA Complaint (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6). Motion referred to Magistrate Judge Omar J. Aboulhosn.(Lindsay, Matthew) (Modified on 10/11/2023 to add link to #2 FOIA Complaint) (mk). |
2023-10-11 | 12 | MEMORANDUM OF LAW by United States Postal Inspection Service in support of 11 MOTION by United States Postal Inspection Service to Dismiss or, in the Alternative, for Summary Judgment re: 2 FOIA Complaint (Lindsay, Matthew) |
2023-10-12 | 13 | ORDER directing Plaintiff to file a response, on or before 11/13/2023, to the 11 MOTION by United States Postal Inspection Service to Dismiss, or in the Alternative, for Summary Judgment. Following service of Plaintiff's response to Defendant's Motion, if such is filed, Defendant will have seven (7) business days within which to file a reply. Signed by Magistrate Judge Omar J. Aboulhosn on 10/12/2023. (cc: Plaintiff, pro se and counsel of record) (arb) |
2023-10-23 | 14 | Partial Filing Fee Received: $14.00, Receipt No. 1000245. (arb) |
2023-11-03 | 15 | MOTION by Carlos Delgado for Extension of Time to Reply to the 11 MOTION by United States Postal Inspection Service to Dismiss, or in the Alternative, for Summary Judgment. (Attachment: # 1 Envelope). Motion referred to Magistrate Judge Omar J. Aboulhosn. (arb) |
2023-11-06 | 16 | ORDER granting the 15 MOTION by Carlos Delgado for Extension of Time to Reply to Defendant's Motion. Plaintiff shall have until 12/14/2023 to file a Response to the 11 MOTION by United States Postal Inspection Service to Dismiss, or in the Alternative, for Summary Judgment. Following service of Plaintiff's Response, the United States will have seven (7) business days within which to file a Reply to Plaintiff's Response. Signed by Magistrate Judge Omar J. Aboulhosn on 11/6/2023. (cc: Plaintiff, pro se and counsel of record) (arb) |
2023-11-15 | 17 | Partial Filing Fee Received: $14.90, Receipt No. 1000255. (arb) |
2023-12-04 | 18 | MOTION by Carlos Delgado for Extension of Time to Reply as to 11 MOTION by United States Postal Inspection Service to Dismiss or, in the Alternative, for Summary Judgment re: 2 FOIA Complaint. (Attachments: # 1 Cover Letter, # 2 Envelope). Motion referred to Magistrate Judge Omar J. Aboulhosn. (mk) |
2023-12-04 | 19 | CROSS MOTION by Carlos Delgado for Summary Judgment and OPPOSITION to 11 MOTION by United States Postal Inspection Service for Summary Judgment. Motion referred to Magistrate Judge Omar J. Aboulhosn. (mk) |
2023-12-05 | 20 | ORDER granting the 18 MOTION by Carlos Delgado for Extension of Time to Reply to Defendant's Motion for Summary Judgment. On 12/4/2023, Plaintiff also filed a 19 Cross Motion for Summary Judgment and Opposition to Defendant's Motion for Summary Judgment. The Court GRANTS the above 18 MOTION. Plaintiff shall file his Memorandum in Support of Plaintiff's Response in Opposition by 1/16/2024. Defendant may file its Reply/Response to Plaintiff's Memorandum in Support of Plaintiff's Response in Opposition and Cross Motion for Summary Judgment and Opposition to Defendant's Motion for Summary Judgment by 1/31/2024. Signed by Magistrate Judge Omar J. Aboulhosn on 12/5/2023. (cc: Plaintiff, pro se and counsel of record) (arb) |
2023-12-12 | 21 | Partial Filing Fee Received: $46.00, Receipt No. 1000266. (arb) |
2024-01-10 | 22 | MEMORANDUM OF LAW by Carlos Delgado in support of 19 CROSS MOTION by Carlos Delgado for Summary Judgment. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Cover Letter, # 9 Envelope) (arb) |
2024-01-29 | 23 | REPLY by United States Postal Inspection Service to: 19 CROSS MOTION by Carlos Delgado for Summary Judgment and OPPOSITION to 11 MOTION by United States Postal Inspection Service for Summary Judgment (Lindsay, Matthew) (Modified on 2/2/2024 to correct link) (mk). |
2024-02-02 | 24 | MOTION/Request by Carlos Delgado for Entry of Default by Clerk against United States Postal Inspection Service (Attachments: # 1 Cover Letter, # 2 Envelope). Motion referred to Magistrate Judge Omar J. Aboulhosn. (mk) |
2024-02-02 | 25 | AFFIDAVIT by Carlos Delgado in support of 24 MOTION by Carlos Delgado for Entry of Default by Clerk against United States Postal Inspection Service (mk) |
2024-02-05 | 26 | RESPONSE by United States Postal Inspection Service in opposition to 24 MOTION by Carlos Delgado for Entry of Default by Clerk against United States Postal Inspection Service (Lindsay, Matthew) |
2024-02-12 | 27 | Partial Filing Fee Received: $1.35, Receipt No. 1000288. (arb) |
2024-03-14 | 28 | Partial Filing Fee Received: $31.00, Receipt No. 1000298. (arb) |
2024-04-12 | 29 | Partial Filing Fee Received: $5.00, Receipt No. 1000307. (arb) |
2024-05-01 | 30 | PROPOSED FINDINGS AND RECOMMENDATION that the District Court GRANT the 11 MOTION by United States Postal Inspection Service to Dismiss, or in the Alternative, for Summary Judgment; DENY the 19 CROSS MOTION by Carlos Delgado for Summary Judgment; DENY the 24 MOTION by Carlos Delgado for Entry of Default; and REMOVE this matter from the Court's docket. This case no longer referred to Magistrate Judge Omar J. Aboulhosn. If the PF&R was served electronically, Objections are due by 5/15/2024. If the PF&R was served by mail, Objections are due by 5/20/2024. Signed by Magistrate Judge Omar J. Aboulhosn on 5/1/2024. (cc: Plaintiff, pro se and counsel of record) (arb) |
2024-05-13 | 31 | Partial Filing Fee Received: $40.00, Receipt No. 1000317. (arb) |
2024-06-05 | 32 | MEMORANDUM OPINION AND ORDER adopting the 30 Proposed Findings and Recommendation by Magistrate Judge, granting 11 MOTION by United States Postal Inspection Service to Dismiss or, in the Alternative, for Summary Judgment, denying the 19 CROSS MOTION by Carlos Delgado for Summary Judgment, denying 24 MOTION and by Carlos Delgado for Entry of Default, and directing the Clerk to remove this matter from the court's docket. Signed by Senior Judge David A. Faber on 6/5/2024. (cc: plaintiff; counsel of record) (mk) |
2024-06-05 | 33 | JUDGMENT ORDER For reasons expressed in the 32 Memorandum Opinion and Order filed this day, the court hereby GRANTS 11 MOTION by United States Postal Inspection Service to Dismiss or, in the Alternative, for Summary Judgment, DENIES the 19 CROSS MOTION by Carlos Delgado for Summary Judgment, DENIES the 24 MOTION and by Carlos Delgado for Entry of Default, and DIRECTS the Clerk to remove this matter from the court's docket. Signed by Senior Judge David A. Faber on 6/5/2024. (cc: plaintiff; counsel of record) (mk) |
2024-06-05 | 34 | TRANSMITTED CERTIFIED COPY of 33 Judgment Order to plaintiff and counsel of record. (mk) |
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