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Case TitleHorton v. National Instant Criminal Background Check System (NICS)
DistrictNorthern District of West Virginia
CityClarksburg
Case Number1:2023cv00072
Date Filed2023-09-13
Date Closed2023-10-06
JudgeChief District Judge Thomas S Kleeh
PlaintiffJohn D. Horton
Case DescriptionJohn Horton submitted a FOIA request to the National Instant Criminal Background Check System for records about himself. After hearing nothing further from the agency, Horton filed suit.
Complaint issues: Failure to respond within statutory time limit

DefendantNational Instant Criminal Background Check System (NICS)
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2023-09-131COMPLAINT against National Instant Criminal Background Check System (NICS), filed by John D. Horton. (Attachments: # 1 Civil Cover Sheet, # 2 Proposed Summons w/285 Form for US Attorney, # 3 Proposed Summons w/285 Form for US Attorney General, # 4 Envelope) (dk) (Entered: 09/13/2023)
2023-09-132** SEALED** MOTION for Leave to Proceed in forma pauperis by John D. Horton. (Attachments: # 1 Envelope)(dk) (Entered: 09/13/2023)
2023-09-133NOTICE OF GENERAL GUIDELINES FOR APPEARING PRO SE IN FEDERAL COURT. (Copy PS Plaintiff by CM,RRR) (dk) (Additional attachment(s) added on 9/13/2023: # 1 Certified Mail Return Receipt) (dk). (Entered: 09/13/2023)
2023-09-134ORDER OF REFERRAL. The Court REFERS this action, to the Honorable Michael J. Aloi, United States Magistrate Judge, to conduct a scheduling conference and issue a scheduling order, for written orders or reports and recommendations, as the case may be, regarding any motions filed, and to dispose of any other matters that may arise. Signed by Chief District Judge Thomas S Kleeh on 9/13/2023. (Copy PS Plaintiff by CM,RRR; Emailed by MJ Aloi) (dk) (Additional attachment(s) added on 9/13/2023: # 1 Certified Mail Return Receipt) (dk). (Entered: 09/13/2023)
2023-09-185REPORT AND RECOMMENDATIONS, AFTER INITIAL SCREENING, RECOMMENDING THAT PLAINTIFF'S COMPLAINT BE DISMISS WITHOUT PREJUDICE. Any party shall have fourteen (14) days (filing of objections) and then three days (mailing/service) from the date of the filing of this Report and Recommendation to file with the Clerk of the Court specific written objections identifying the portions of the Report and Recommendation to which objection is made, and the basis for such objection. Signed by Magistrate Judge Michael John Aloi on 9/18/2023. (jb) (Copy to Pro Se Plaintiff by CM:RRR) (Additional attachment(s) added on 9/18/2023: # 1 Certified Mail Return Receipt) (jb). (Entered: 09/18/2023)
2023-10-066ORDER ADOPTING REPORT AND RECOMMENDATION (ECF. NO. 5 ) AND DISMISSING CASE WITHOUT PREJUDICE. The Court ADOPTS the R&R in its entirety (ECF No. 5 ), DENIES Plaintiff's motion to proceed in forma pauperis (ECF No. 2 ), and DISMISSES WITHOUT PREJUDICE Plaintiff's complaint (ECF No. 1 ). The Court DIRECTS the Clerk to strike this case from the Court's active docket. Signed by Chief District Judge Thomas S Kleeh on 10/6/2023. (Copy PS Plaintiff by CM,RRR) (dk) (Additional attachment(s) added on 10/6/2023: # 1 Certified Mail Return Receipt) (dk). (Entered: 10/06/2023)
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