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Case TitleBarnett v. Luckstone et al
DistrictNorthern District of Oklahoma
CityTulsa
Case Number4:2023cv00299
Date Filed2023-07-17
Date Closed2024-01-11
JudgeJudge Claire V Eagan
PlaintiffChristopher J Barnett
Case DescriptionChristopher Barnett submitted a FOIA request to the U.S. Marshals Service for records concerning his trial. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Barnett filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Recovery of Costs

DefendantCharlotte Luckstone General Counsel
DefendantUnited States Marshals Service, The sued as The United States Marshall Service
Documents
Docket
Complaint
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2023-07-171COMPLAINT against All Defendants by Christopher J Barnett (With attachments) (blc, Dpty Clk) (Entered: 07/18/2023)
2023-07-172MOTION for Leave to Proceed in Forma Pauperis by Christopher J Barnett (blc, Dpty Clk) (Entered: 07/18/2023)
2023-07-173***Remark: one summons/USM 285 form placed in hold tray (blc, Dpty Clk) (Entered: 07/18/2023)
2023-07-204NOTICE of Change of Address by Christopher J Barnett (lmt, Dpty Clk) (Entered: 07/20/2023)
2023-08-215ORDER by Judge Claire V Eagan - The motion for leave to proceed in forma pauperis (Dkt. # 2) is denied. No later than 21 days after the entry of this order, or on or before September 11, 2023, Barnett shall either (1) pay in full the $350 filing fee and $52 administrative fee or (2) file an amended motion for leave to proceed in forma pauperis, on the court approved form, and submit trust fund account statements for the six month period immediately preceding the filing of his complaint. The Clerk of Court shall send to Barnett one blank motion for leave to proceed in forma pauperis (form OKND PRIS IFP) marked "amended" and identified for Case No. 23 CV 0299 CVE-JFJ. ; setting/resetting deadline(s)/hearing(s): ( Filing Fee due by 9/11/2023); directing court clerk to take action; denying 2 Motion for Leave to Proceed in Forma Pauperis (Re: 1 Complaint, 2 MOTION for Leave to Proceed in Forma Pauperis ) (RGG, Chambers) (Entered: 08/21/2023)
2023-08-21***Remark: per dkt #5 one blank motion for leave to proceed in forma pauperis (form OKND PRIS IFP) marked amended and identified for Case No. 23-CV-0299-CVE-JFJ mailed to Christopher J Barnett #1263543 David L Moss 300 N DENVER AVE TULSA, OK 74103 (Re: 5 Order,,,, Setting/Resetting Deadline(s)/Hearing(s),,,, Directing Court Clerk to Take Action,,,,,,,, Ruling on Motion to Proceed in Forma Pauperis,,, ) (lmt, Dpty Clk) (Entered: 08/21/2023)
2023-08-226NOTICE of Change of Address by Christopher J Barnett (dla, Dpty Clk) (Entered: 08/22/2023)
2023-08-227NOTICE of account balance by Christopher J Barnett (dla, Dpty Clk) (Entered: 08/22/2023)
2023-09-118LETTER re: case filing by Christopher J Barnett (dla, Dpty Clk) (Entered: 09/11/2023)
2023-09-119LETTER to Christopher J Barnett by Christopher J Barnett (dla, Dpty Clk) (Entered: 09/11/2023)
2023-09-2110MOTION to Accelerate/Extend/Reset Hearing(s)/Deadline(s) to cure filing fee deficiency (Re: 5 Order,,,, Setting/Resetting Deadline(s)/Hearing(s),,,, Directing Court Clerk to Take Action,,,,,,,, Ruling on Motion to Proceed in Forma Pauperis,,, ) by Christopher J Barnett (blc, Dpty Clk) (Entered: 09/21/2023)
2023-09-2211ORDER by Judge Claire V Eagan - The motion for extension of time to cure filing fee deficiency filed September 21, 2023 (Dkt. # 10) is granted. No later than twenty-one days after the entry of this order, or on or before October 13, 2023, Barnett shall either (1) pay in full the $350 filing fee and $52 administrative fee or (2) file an amended motion for leave to proceed in forma pauperis, on the court approved form, and submit with the amended motion his trust fund account statement for the six month period immediately preceding the filing of his complaint. The Clerk of Court shall send to Barnett one blank motion for leave to proceed in forma pauperis (form OKND PRIS IFP) marked "amended" and identified for Case No. 23 CV 0299 CVE-JFJ. ; setting/resetting deadline(s)/hearing(s): ( Filing Fee due by 10/13/2023); directing court clerk to take action; granting 10 Motion to Accelerate/Extend/Reset Hearing(s)/Deadline(s) (Re: 10 MOTION to Accelerate/Extend/Reset Hearing(s)/Deadline(s) to cure filing fee deficiency , 5 Order,,,, Setting/Resetting Deadline(s)/Hearing(s),,,, Directing Court Clerk to Take Action,,,,,,,, Ruling on Motion to Proceed in Forma Pauperis,,, ) (RGG, Chambers) (Entered: 09/22/2023)
2023-09-22***Remark: One blank motion for leave to proceed in forma pauperis (form OKND PRIS IFP) marked amended and identified for Case No. 23-CV-0299-CVE-JFJ mailed to CHRISTOPHER J BARNETT #857048, 216 N MURRAY ST HELENA OK 73741 (Re: 11 Order,,,,,, Setting/Resetting Deadline(s)/Hearing(s),,,,,, Directing Court Clerk to Take Action,,,,,,,,,,,, Ruling on Motion to Accelerate/Extend/Reset Hearing(s)/Deadline(s),,,,, ) (dla, Dpty Clk) (Entered: 09/22/2023)
2023-10-0212MOTION to Reconsider (Re: 11 Order,,,,,, Setting/Resetting Deadline(s)/Hearing(s),,,,,, Directing Court Clerk to Take Action,,,,,,,,,,,, Ruling on Motion to Accelerate/Extend/Reset Hearing(s)/Deadline(s),,,,, ) by Christopher J Barnett (dla, Dpty Clk) (Entered: 10/03/2023)
2023-10-0213Amended MOTION for Leave to Proceed in Forma Pauperis by Christopher J Barnett (dla, Dpty Clk) (Entered: 10/03/2023)
2023-10-2316NOTICE of Change of Address by Christopher J Barnett (lmt, Dpty Clk) (Entered: 10/25/2023)
2023-10-2514ORDER by Judge Claire V Eagan - Barnett's motion to reconsider filed October 2, 2023 (Dkt. # 12) is denied. Barnett's amended motion for leave to proceed in forma pauperis filed October 2, 2023 (Dkt. # 13) is granted. No later than twenty-one days from the date of this order, or on or before November 15, 2023, Barnett shall submit an initial partial filing fee of $26 to the Clerk of Court. Thereafter, Barnett shall make monthly payments until he has paid the full $350 filing fee. If, by the deadline established in this order, Barnett does not either (1) submit the initial partial filing fee or (2) show cause in writing for his failure to pay the initial partial filing fee, the Court may dismiss this action without prejudice and without further notice. The Clerk of Court shall file in this case the Notice of Change of Address filed as Docket # 16 in N.D. Okla. Case No. 23-CV-0300-CVE-JFJ, and shall update Barnett's address in this case accordingly. Barnett is hereby notified that if he submits any documents to the Clerk of Court for filing in the future without providing a specific case number, or with a general request to file the documents in "[a]ny other pending or recently filed cases" in which he is the plaintiff, the Court will direct the Clerk of Court to return the documents to Barnett, without filing, and will direct Barnett to resubmit those documents with an appropriate case number. ; setting/resetting Filing Fee deadline(s): ( Filing Fee due by 11/15/2023, Initial Filing Fee due by 11/15/2023); directing court clerk to take action; denying 12 Motion to Reconsider; granting 13 Motion for Leave to Proceed in Forma Pauperis (Re: 1 Complaint, 12 MOTION to Reconsider , 13 Amended MOTION for Leave to Proceed in Forma Pauperis ) (RGG, Chambers) (Entered: 10/25/2023)
2023-10-2515ORDER by Judge Claire V Eagan - ORDER DIRECTING CUSTODIAL AGENCY TO COLLECT AND SUBMIT FILING FEE PAYMENTS ON BEHALF OF PRISONER-PLAINTIFF , setting/resetting Filing Fee deadline(s): ( Filing Fee due by 11/15/2023, Initial Filing Fee due by 11/15/2023), Directing Monthly Payments be made from Prison Account of Christopher J. Barnett, directing court clerk to take action (Re: 14 Order,,,,,,,, Setting/Resetting Filing Fee Deadline(s),,,,,,,, Directing Court Clerk to Take Action,,,,,,,,,,,,,,,, Ruling on Motion to Reconsider,,,,,,,, Ruling on Motion to Proceed in Forma Pauperis,,,,,,, ) (RGG, Chambers) (Entered: 10/25/2023)
2023-10-25***Remark: per dkt #15 a copy of order mailed to Christopher J Barnett #1263543 David L Moss 300 N DENVER AVE TULSA, OK 74103 and to officials at the David L. Moss Criminal Justice Center, 300 N Denver Ave, Tulsa, Oklahoma 74103 (Re: 15 Order,,, Setting/Resetting Filing Fee Deadline(s),,, Directing Monthly Prisoner Payment,,, Directing Court Clerk to Take Action,,,,, ) (lmt, Dpty Clk) (Entered: 10/25/2023)
2023-11-0217MOTION to Clarify , MOTION to Recuse (Re: 14 Order,,,,,,,, Setting/Resetting Filing Fee Deadline(s),,,,,,,, Directing Court Clerk to Take Action,,,,,,,,,,,,,,,, Ruling on Motion to Reconsider,,,,,,,, Ruling on Motion to Proceed in Forma Pauperis,,,,,,, 15 Order,,, Setting/Resetting Filing Fee Deadline(s),,, Directing Monthly Prisoner Payment,,, Directing Court Clerk to Take Action,,,,, ) by Christopher J Barnett (dla, Dpty Clk) (Entered: 11/02/2023)
2023-11-0318MOTION to Waive Initial Partial Filing Fee by Christopher J Barnett (dla, Dpty Clk) (Entered: 11/03/2023)
2023-11-2019ORDER by Judge Claire V Eagan - (1) Barnett's two-part "motion to clarify that plaintiff has no income" and "motion to recuse" filed November 2, 2023 (Dkt. # 17) is construed in part as a motion to waive the initial partial filing fee and is granted in part, as to the motion to waive the initial partial filing fee, and is denied in part, as to the motion to recuse; and (2) Barnett's "additional brief in support showing plaintiff has no income" filed November 3, 2023 (Dkt. # 18) is construed as a motion to waive the initial partial filing fee and is granted. The order directing custodial agency to collect and submit filing fee payments on behalf of prisoner-plaintiff filed October 25, 2023 (Dkt. # 15) is vacated. The Clerk of Court shall send a copy of this order to officials at the David L. Moss Criminal Justice Center, 300 N Denver, Tulsa, Oklahoma 74103, to notify them that the prior order directing them to make filing fee payments on Barnett's behalf has been vacated. The Clerk of Court shall send to Barnett four completed, unsigned service of process forms (USM-285 forms) designated for filing in Case No. 23-CV-0299-CVE-JFJ. Barnett shall sign and date each service of process form and shall return the forms to the Clerk of Court on or before December 4, 2023. ; vacating/setting aside order(s); setting/resetting deadline(s)/hearing(s): ( Miscellaneous Deadline set for 12/4/2023); directing court clerk to take action; granting in part and denying in part 17 Motion to Clarify; denying 17 Motion to Recuse; granting 18 Motion for Miscellaneous Relief (Re: 15 Order,,, Setting/Resetting Filing Fee Deadline(s),,, Directing Monthly Prisoner Payment,,, Directing Court Clerk to Take Action,,,,, 17 MOTION to Clarify MOTION to Recuse , 18 MOTION to Waive Initial Partial Filing Fee ) (Documents Terminated: 15 Order,,, Setting/Resetting Filing Fee Deadline(s),,, Directing Monthly Prisoner Payment,,, Directing Court Clerk to Take Action,,,,, ) (RGG, Chambers) (Entered: 11/20/2023)
2023-11-2020ORDER by Judge Claire V Eagan - ORDER DIRECTING CUSTODIAL AGENCY TO COLLECT AND SUBMIT FILING FEE PAYMENTS ON BEHALF OF PRISONER-PLAINTIFF - Officials at the James Crabtree Correctional Center shall collect the monthly payments of 20 percent of the preceding month's income credited to Barnett's institutional account, when the balance of his account exceeds $10.00, and shall submit those payments to the Clerk of Court, Attention: PL Payments, U.S. Courthouse, Room 411 - 4th Floor, 333 W 4th Street, Tulsa OK 74103, until the $350 filing fee for this civil action is paid in full. The Clerk of Court (1) shall mail a copy of this order to Barnett (at his current address) and to officials at the James Crabtree Correctional Center, 216 N Murray Street, Helena, Oklahoma 73741-1017, and (2) shall email a copy of this order to the Oklahoma Department of Corrections Trust Fund Office at Trustfund@doc.ok.gov. , Directing Monthly Payments be made from Prison Account of Christopher J. Barnett, directing court clerk to take action (Re: 19 Order,,,,,,,,, Vacating/Setting Aside Order(s),,,,,,,,,,,,,,,,,, Setting/Resetting Deadline(s)/Hearing(s),,,,,,,,, Directing Court Clerk to Take Action,,,,,,,,, Ruling on Motion to Clarify,,,,,,,,, Ruling on Motion to Recuse,,,,,,,,, Ruling on Motion for Miscellaneous Relief,,,,,,,, ) (RGG, Chambers) (Entered: 11/20/2023)
2023-11-20***Remark: per dkt #19 a copy of order mailed to officials at the David L. Moss Criminal Justice Center, 300 N Denver, Tulsa, Oklahoma 74103 and a copy of order and four completed (by LC-5), unsigned service of process forms (USM-285 forms) designated for filing in Case No. 23-CV-0299-CVE-JFJ mailed to Christopher J Barnett #1263543 David L Moss 300 N DENVER AVE TULSA, OK 74103 (Re: 19 Order,,,,,,,,, Vacating/Setting Aside Order(s),,,,,,,,,,,,,,,,,, Setting/Resetting Deadline(s)/Hearing(s),,,,,,,,, Directing Court Clerk to Take Action,,,,,,,,, Ruling on Motion to Clarify,,,,,,,,, Ruling on Motion to Recuse,,,,,,,,, Ruling on Motion for Miscellaneous Relief,,,,,,,, ) (lmt, Dpty Clk) (Entered: 11/20/2023)
2023-11-20***Remark: per dkt #20 a copy of order mailed to Christopher J Barnett #1263543 David L Moss 300 N DENVER AVE TULSA, OK 74103, to officials at the James Crabtree Correctional Center, 216 N Murray Street, Helena, Oklahoma 73741-1017, and a copy emailed to Oklahoma Department of Corrections Trust Fund Office at Trustfund@doc.ok.gov (Re: 20 Order,,,,,, Directing Monthly Prisoner Payment,,,,,,,,,,,, Directing Court Clerk to Take Action,,,,, ) (lmt, Dpty Clk) (Entered: 11/20/2023)
2023-12-0421NOTICE of temporary transfer to Okmulgee County Jail (address confirmed as Tulsa County Jail) by Christopher J Barnett (lmt, Dpty Clk) (Entered: 12/05/2023)
2023-12-1122NOTICE of Change of Address by Christopher J Barnett (dla, Dpty Clk) (Entered: 12/11/2023)
2023-12-11***Remark: Copy of the docket sheet to mailed to Christopher Barnett at the updated address (dla, Dpty Clk) (Entered: 12/11/2023)
2023-12-1523***Remark: duplicate of Dkt No [22 ] received from plaintiff (dla, Dpty Clk) (Entered: 12/15/2023)
2024-01-1124ORDER by Judge Claire V Eagan - This action is dismissed without prejudice, under FED. R. CIV. P. 41(b), for lack of prosecution. This is a final order terminating this action. (Re: 1 Complaint ) (RGG, Chambers) (Entered: 01/11/2024)
2024-01-1125JUDGMENT by Judge Claire V Eagan (JUDGMENT OF DISMISSAL) , entering judgment in favor of defendants against plaintiff (terminates case) (Re: 24 Order, ) (RGG, Chambers) (Entered: 01/11/2024)
2024-01-11***Civil Case Terminated (see document number 24 ) (lmt, Dpty Clk) (Entered: 01/12/2024)
2024-01-2226NOTICE of Change of Address by Christopher J Barnett (dla, Dpty Clk) (Entered: 01/22/2024)
2024-01-22***Remark: Order (#24) and judgment (#25) remailed to Christopher Barnett #1263543 David L Moss, 300 N. Denver Ave, Tulsa, OK 74103 per LC-5 (Re: 24 Order, 25 Judgment, Entering Judgment, ) (dla, Dpty Clk) (Entered: 01/22/2024)
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