| Date Filed | Doc # | Docket Text |
|
| 2012-06-25 | 1 | COMPLAINT against United States Environmental Protection Agency and Lisa Jackson as Administrator of the EPA, filed by Paul Mancuso, Pro Se. (Attachments: # 1 Cover Letter & Proposed Summons, # 2 Mailing Envelope) (jmb) (Entered: 06/25/2012) |
| 2012-06-25 | 2 | MOTION for Leave to Proceed in forma pauperis, filed by Paul Mancuso, Pro Se. (Attachments: # 1 Proposed Summons for EPA, # 2 Proposed Summons for U.S. Attorney General, # 3 Proposed Summons for the U.S. Attorney) Motion referred to Andrew T. Baxter. (jmb) (Entered: 06/25/2012) |
| 2012-06-26 | 3 | ORDER OF RECUSAL: US Magistrate Judge Andrew T. Baxter recused. Case randomly reassigned to US Magistrate Judge Therese Wiley Dancks for all further proceedings. Note: the # 2 Motion to Proceed In Forma Pauperis is now referred to Judge Dancks. Signed by US Magistrate Judge Andrew T. Baxter on 6/26/2012. {Copy sent to pro se plaintiff by regular mail} (jmb) (Entered: 06/26/2012) |
| 2012-07-10 | 4 | ORDER DIRECTING COMPLIANCE as to Paul Mancuso. Plaintiff is directed to either prepay the filing fee of $350.00 in full or submit an inmate authorization form for $350.00 within 30 days of the filing date of this Order. Signed by Magistrate Judge Therese Wiley Dancks on 7/10/12. Date Served 7/10/2012 Notice of Compliance Deadline 8/9/2012 Case Review Deadline 9/10/2012. {order and authorization form served via regular mail on plaintiff}(nas) (Entered: 07/10/2012) |
| 2012-07-30 | 5 | MOTION for Leave to Proceed in forma pauperis filed by Paul Mancuso. (nas) (Entered: 07/30/2012) |
| 2012-07-30 | 6 | INMATE AUTHORIZATION FORM by Paul Mancuso. (nas ) (Entered: 07/30/2012) |
| 2012-08-02 | 7 | AMENDED COMPLAINT: against United States Environmental Protection Agency, Lisa Jackson, Todd H. Gleason, Kevin Miller, Matthew W. Morrison and Michael R. Fisher filed by Paul Mancuso. (Attachments: # 1 Supporting Exhibits marked 1 through 15, # 2 Cover Letter, # 3 Mailing Envelope) (jmb) (Entered: 08/02/2012) |
| 2012-08-30 | 8 | MOTION to Appoint Counsel filed filed by Paul Mancuso. (Attachments: # 1 Cover Letter) Motion referred to Therese Wiley Dancks. {The Clerk sent plaintiff a copy of the Amended Complaint as requested in the cover letter along with the forms needed for filing a new complaint, as well as the instructions and form for a judicial misconduct complaint} (jmb) (Entered: 09/06/2012) |
| 2012-10-09 | 9 | Letter dated 10/4/2012 from Paul Mancuso, Pro Se, providing the Clerk with Summonses for issuance, no fee received and no order granting IFP is currently on file, the Clerk is awaiting further decision on the Second Motion for IFP status. (jmb) (Entered: 10/12/2012) |
| 2012-10-31 | 10 | MOTION to appoint the U.S. Marshal to serve the summons and complaint re 7 Amended Complaint, filed by Paul Mancuso, Pro Se. Motion referred to Therese Wiley Dancks. (jmb) (Entered: 11/05/2012) |
| 2012-11-05 | 11 | ORDER & REPORT AND RECOMMENDATIONS: It is ordered that the # 2 and # 5 Motions for Leave to Proceed in forma pauperis filed by Paul Mancuso are GRANTED, it is recommended that the Court dismiss the claims against defendants Lisa Jackson, Todd H. Gleason, Kevin Miller, Matthew W. Morrison and Michael R. Fisher without leave to amend, if the court adopts this Report and Recommendation, the Clerk shall issue a summons and forward it, along with a copy of the complaint and a General Order 25 packet which sets a Rule 16 conference, to the U.S. Marshal for service upon defendant EPA. It is ordered that the # 8 Motion to Appoint Counsel is DENIED without prejudice. It is ordered that the # 10 MOTION to appoint the U.S. Marshal to serve the summons and Amended Complaint filed by Paul Mancuso is DENIED as moot in light of this Order and Report-Recommendation. Objections to R&R due by 11/23/2012. Case Review Deadline 11/26/2012. Signed by Magistrate Judge Therese Wiley Dancks on 11/5/2012. (jmb) (Entered: 11/05/2012) |
| 2013-01-02 | 12 | ORDER adopting 11 Report and Recommendations. ORDERED, that the Report-Recommendation is APPROVED and ADOPTED in its ENTIRETY; and it is further ORDERED, that all claims against Defendants Lisa Jackson, Todd H. Gleason, Kevin Miller, Matthew W. Morrison, and Michael R. Fisher are DISMISSED without leave to amend; and it is further ORDERED that the Clerk of Court issue a summons and forward it along with a copy of the 7 Amended Complaint and a packet containing General Order 25, which sets forth the Civil Case Management Plan used by the Northern District of New York, to the United States Marshal for service upon Defendant EPA. Signed by Senior Judge Lawrence E. Kahn on 1/2/2013. (dpk) [Mailed copy of Order to pro se plaintiff] (Entered: 01/03/2013) |
| 2013-01-03 | 13 | G.O. 25 FILING ORDER ISSUED: Initial Conference set for 4/17/2013 at 10:00 AM in Syracuse before Magistrate Judge Therese Wiley Dancks. All conferences are conducted by telephone. Plaintiff's attorney will initiate the call using AT&T or other teleconferencing service and call Judge Dancks' chambers at 315-234-8618, a dedicated conference line which is not to be used for other purposes. Pro-se plaintiffs will provide the court with a telephone number for use in placing the conference call. Civil Case Management Plan due by 4/3/2013. (dpk) (Entered: 01/03/2013) |
| 2013-01-03 | 14 | Summons Issued as to United States Environmental Protection Agency, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Summons Issued as to the U.S. Attorney, # 2 Summons Issued as to the U.S. Attorney General)(dpk) (Entered: 01/03/2013) |
| 2013-01-17 | 15 | SUMMONS Returned Executed by the U.S. Marshal Service on behalf of Paul Mancuso, Pro Se. United States Environmental Protection Agency served on 1/16/2013, answer due 3/17/2013. (jmb) (Entered: 01/18/2013) |
| 2013-01-18 | 16 | NOTICE: filed by Paul Mancuso, Pro Se - providing the Clerk with his telephone contact information as requested in General Order 25 for the Rule 16 conference. The telephone number is 570-544-7100 and his counselor's name at FCI Schuylkill is Mr. Krenzel for reference when the call is placed. The clerk has sent a copy of the most recent docket sheet to plaintiff as requested in the attached letter, by regular mail. (jmb) (Entered: 01/18/2013) |
| 2013-01-30 | 17 | Letter Motion from Charles E. Roberts, AUSA for United States Environmental Protection Agency requesting a two week extension to answer to March 1, 2013 submitted to Judge Andrew T. Baxter . (Attachments: # 1 Certificate of Service)(Roberts, Charles) (Entered: 01/30/2013) |
| 2013-01-30 | 18 | BILL OF COSTS from USMS in the amount of $24.00. (mnm) (Entered: 01/31/2013) |
| 2013-01-30 | 19 | PROCESS RECEIPT AND RETURN of USMS Returned as to US Attorney General, and Environmental Protection Agency on 1/22/13 service of Summons & Complaint via certified/rr. (mnm) (Entered: 01/31/2013) |
| 2013-02-13 | | TEXT ORDER granting 17 Letter Request, United States Environmental Protection Agency answer due 3/1/2013. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 2/13/13 (text order served on Plaintiff via regular mail). (rjb, ) (Entered: 02/13/2013) |
| 2013-03-01 | 20 | ANSWER to 7 Amended Complaint, by United States Environmental Protection Agency. (Attachments: # 1 Certificate of Service)(Roberts, Charles) (Entered: 03/01/2013) |
| 2013-03-05 | 21 | TEXT ORDER: Due to Plaintiff's incarceration, the Rule 16 Conference scheduled for 4/17/2013 is adjourned without date. A scheduling order will be issued. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 3/5/13 (text order served on Plaintiff via regular mail). (rjb, ) (Entered: 03/05/2013) |
| 2013-03-15 | 22 | ***STRICKEN PURSUANT TO STRIKE ORDER FILED 3/27/2013***Copy of Letter dated 3/12/2013 to AUSA Roberts from Paul Mancuso, requesting documents that were allegedly released by EPA FOIA Officers in response to a FOIA request. (see) Modified on 3/27/2013 (dpk). (Entered: 03/15/2013) |
| 2013-03-25 | 23 | UNIFORM PRETRIAL SCHEDULING ORDER: Joinder of Parties due by 5/31/2013; Amended Pleadings due by 5/31/2013; Discovery due by 8/30/2013; Discovery Motions due 9/13/2013; Dispositive Motions to be filed by 11/1/2013; Trial Ready Deadline is 2/3/2014; Bench Trial set for 3/3/2014 at 09:30 AM in Albany before Senior Judge Lawrence E. Kahn; Defendant's Status Report due by 7/1/2013. Signed by Magistrate Judge Therese Wiley Dancks on 3/25/13 (Order served on Plaintiff via regular mail). (rjb, ) (Entered: 03/25/2013) |
| 2013-03-27 | 24 | ORDER TO STRIKE re 22 Letter from Paul Mancuso. Signed by Magistrate Judge Therese Wiley Dancks on 3/27/2013. (dpk) (Entered: 03/27/2013) |
| 2013-03-28 | 25 | MOTION to Compel and for Sanctions filed by Paul Mancuso. Motions referred to Therese Wiley Dancks. (see) (Entered: 03/28/2013) |
| 2013-04-02 | | TEXT NOTICE of Hearing on 25 MOTION to Compel/MOTION for Sanctions : Response to Motion due by 4/12/2013 (text notice served on Plaintiff via regular mail). (rjb, ) (Entered: 04/02/2013) |
| 2013-04-03 | 26 | RESPONSE in Opposition re 25 MOTION to Compel MOTION for Sanctions filed by United States Environmental Protection Agency. (Attachments: # 1 Declaration of Lynda C. Kenny, # 2 Exhibit(s) July 10, 2012 letter part 1, # 3 Exhibit(s) July 10, 2012 letter part 2, # 4 Exhibit(s) July 10, 2012 letter part 3, # 5 Exhibit(s) July 10, 2012 letter part 4, # 6 Exhibit(s) July 10, 2012 letter part 5, # 7 Exhibit(s), # 8 Exhibit(s))(Roberts, Charles) (Entered: 04/03/2013) |
| 2013-04-15 | 27 | REPLY to Response to Motion re 25 MOTION to Compel MOTION for Sanctions filed by Paul Mancuso. (sfp, ) (Entered: 04/15/2013) |
| 2013-04-22 | 28 | MOTION for in camera review and to produce documents filed by Paul Mancuso. Motions referred to Therese Wiley Dancks. (tab) (Entered: 04/22/2013) |
| 2013-04-25 | | TEXT NOTICE of Hearing on Plaintiff's 28 MOTION for in camera review and to produce documents: Response to Motion due by 5/6/2013. This motion will be taken on submission of the papers (text notice served on Plaintiff via regular mail). (rjb, ) (Entered: 04/25/2013) |
| 2013-05-02 | 31 | PLAINTIFF'S RESPONSE to re 23 Uniform Pretrial Scheduling Order filed by Paul Mancuso. (mgh) (Entered: 05/03/2013) |
| 2013-05-03 | 29 | Letter Motion from Charles E. Roberts, AUSA for United States Environmental Protection Agency requesting a two-week extension to May 20, 2013, for the U. S. Environmental Protection Agency to respond to plaintiff's April 18, 2013 request for in camera review of documents submitted to Judge Therese Wiley Dancks . (Attachments: # 1 Certificate of Service)(Roberts, Charles) (Entered: 05/03/2013) |
| 2013-05-03 | 30 | TEXT ORDER granting 29 Letter Request for an extension of time to respond to Plaintiff's 28 MOTION for in camera review and to produce documents : Response to Motion due by 5/20/2013. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 5/3/13 (text order served on Plaintiff via regular mail). (rjb, ) (Entered: 05/03/2013) |
| 2013-05-15 | 32 | SUPPLEMENTAL MEMORANDUM in support of plaintiff's 28 Motion for in camera review and to produce documents, filed by Paul Mancuso. (sg ) (Entered: 05/15/2013) |
| 2013-05-20 | 33 | RESPONSE in Opposition re 28 MOTION for in camera review and to produce documents filed by United States Environmental Protection Agency. (Attachments: # 1 Exhibit(s), # 2 Seaton Declaration, # 3 Certificate of Service)(Roberts, Charles) (Entered: 05/20/2013) |
| 2013-06-03 | 34 | REPLY to Response to 28 Motion for in camera review and to produce documents filed by Paul Mancuso with attached certificate of service. (sg ) (Entered: 06/03/2013) |
| 2013-06-10 | 35 | ***STRICKEN FROM THE RECORD BY DKT. NO. 36 *** REQUEST for Production filed by by Paul Mancuso.(sg ) Modified on 6/14/2013 (rjb, ). (Entered: 06/10/2013) |
| 2013-06-14 | 36 | ORDER STRIKING Plaintiff's 35 Request for Production of Documents. Signed by Magistrate Judge Therese Wiley Dancks on 6/14/13 (order served on Plaintiff via regular mail). (rjb, ) (Entered: 06/14/2013) |
| 2013-06-28 | 37 | STATUS REPORT as to status of discovery by United States Environmental Protection Agency. (Roberts, Charles) (Entered: 06/28/2013) |
| 2013-09-18 | 38 | MOTION to Compel filed by Paul Mancuso. Motions referred to Therese Wiley Dancks. (sg ) (Entered: 09/18/2013) |
| 2013-11-18 | 39 | MOTION for Summary Judgment Motion Hearing set for 1/3/2014 09:30 AM in Albany before Senior Judge Lawrence E. Kahn Response to Motion due by 12/17/2013 Reply to Response to Motion due by 12/23/2013. filed by United States Environmental Protection Agency. (Attachments: # 1 Memorandum of Law, # 2 Exhibit(s) Exhibit A, # 3 Exhibit(s) Exhibits B&C, # 4 Unpublished Cases, # 5 Seaton Declaration, # 6 Margolis Declaration with handwriting exemplars-personal identifiers redacted, # 7 Statement of Material Facts, # 8 Notification of Consequences of Failing to respond to summary judgment motion, # 9 Certificate of Service) (Roberts, Charles) (Entered: 11/18/2013) |
| 2013-11-22 | 40 | COURT NOTICE: Please be advised that the BENCH TRIAL scheduled for March 03, 2014, in the above case, has been adjourned without a date due to the pending motion for summary judgment. A new trial deadline will be scheduled, if necessary, pending a decision which addresses this dispositive motion. (sas) (Entered: 11/22/2013) |
| 2013-12-02 | 41 | MOTION for Extension of Time to File Response/Reply as to 39 MOTION for Summary Judgment filed by Paul Mancuso. Motions referred to Therese Wiley Dancks. (tab) (Entered: 12/02/2013) |
| 2013-12-02 | 42 | LETTER REQUEST and ORDER granting 41 plaintiff's Motion for Extension of Time to File a Response re 39 MOTION for Summary Judgment. Response to Motion due by 1/30/2014. Reply to Response to Motion due by 2/12/2014. The new motion return date is 2/21/14. This motion will be considered on the submission of the motion papers, only. No oral arguments will be entertained. Signed by Senior Judge Lawrence E. Kahn on December 02, 2013. (sas) (Entered: 12/02/2013) |
| 2013-12-02 | | Reset Deadlines as to 39 MOTION for Summary Judgment. Motion Hearing is reset for 2/21/2014 at 09:30 AM in Albany before Senior Judge Lawrence E. Kahn per 42 Letter Request & Order. (sas) (Entered: 12/02/2013) |
| 2013-12-02 | | TEXT NOTICE of Hearing on Plaintiff's 28 MOTION for in camera review and to produce documents, 25 MOTION to Compel/MOTION for Sanctions and 38 MOTION to Compel : Motion Hearing set for 12/19/2013 at 02:00 PM before Magistrate Judge Therese Wiley Dancks. This hearing will be held by telephone. Defendant's counsel is directed to initiate the call to Chambers at (315) 234-8618 and is also directed to confirm with FCI Schuylkill that Plaintiff will be made available for the call (text notice served on Plaintiff via regular mail). (rjb, ) (Entered: 12/02/2013) |
| 2013-12-19 | | TEXT Minute Entry for proceedings held before Magistrate Judge Therese Wiley Dancks: Motion Hearing held on 12/19/2013 re: Plaintiff's 38 MOTION to Compel, 28 MOTION for in camera review and to produce documents and 25 MOTION to Compel/MOTION for Sanctions. Appearances: Paul Mancuso, Plaintiff pro se; Charles Roberts, AUSA, Margaret Baldwin, Thomas Seaton and Alan Margolis for Defendant. Judge Dancks hears from the parties on Plaintiff's 25 , 28 and 38 motions and makes various rulings. An order will be issued. (Court Reporter Jodi Hibbard) (rjb, ) (Entered: 12/19/2013) |
| 2013-12-20 | 43 | ORDER granting in part and denying in part 28 Motion ; denying 38 Motion to Compel; denying 25 Motion to Compel; denying 25 Motion for Sanctions. Signed by Magistrate Judge Therese Wiley Dancks on 12/20/13 (served on Plaintiff via regular mail). (Attachments: # 1 Transcript) (rjb, ) (Entered: 12/20/2013) |
| 2014-01-10 | 44 | LETTER BRIEF by United States Environmental Protection Agency. (Attachments: # 1 Declaration of Eric Mosher, # 2 Declaration of Joe Rotola, # 3 Declaration of Renee Stewart, # 4 certificate of service)(Roberts, Charles) (Entered: 01/10/2014) |
| 2014-01-21 | 45 | RESPONSE OBJECTING TO 44 LETTER BRIEF filed by Paul Mancuso. (see) Modified on 2/11/2014 (rjb, ). (Entered: 01/21/2014) |
| 2014-01-27 | 46 | RESPONSE in Opposition to the 39 MOTION for Summary Judgment filed by Paul Mancuso. (Attachments: # 1 Opposition to Defendant's Statement of Material Facts, # 2 Appendix to Exhibits, # 3 Appendix A, # 4 Cover Letter, # 5 Certificate of Service, # 6 Copy of mailing envelope) (see) (Entered: 01/27/2014) |
| 2014-02-11 | 47 | TEXT ORDER: Court has reviewed Plaintiff's letter motion (Dkt. No. 45) requesting the court to conduct an in camera review of his "entire case file involving all his FOIA requests." Plaintiff bases his request on a claim that recent declarations served by Defendant pursuant to this court's discovery order (Dkt. No. 43) "cannot be true." (Dkt. No. 45 at 2). Plaintiff's letter motion (Dkt. No. 45) is denied. Routinely conducting in camera reviews in order to resolve a discovery dispute, especially under these circumstances where Plaintiff does not believe the declarations of Defendant's employees made under penalties of perjury, will inevitably and unnecessarily burden the courts. The in camera review requested by Plaintiff is not warranted here. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 2/11/14 (text order served on Plaintiff via regular mail). (rjb, ) (Entered: 02/11/2014) |
| 2014-02-28 | 48 | Mail Returned as Undeliverable. re: 47 Order on Letter Request sent to Paul Mancuso Address sent to FCI Schuykill (sfp, ) (Entered: 02/28/2014) |
| 2014-03-10 | 49 | NOTICE OF CHANGE OF ADDRESS: filed by Paul Mancuso. Effective Date 3/10/2014. Old Address: Schuylkill Federal Correctional Institution, Inmate Mail/Parcels, P.O. BOX 670, Minersville, PA 17954. New Address: 4 Ty Place, Utica, NY 13501. (nmk) (Entered: 03/10/2014) |
| 2014-09-22 | 50 | MEMORANDUM-DECISION and ORDERED, that Defendants Motion (Dkt. No. 39) for summary judgment is GRANTED; and it is further ORDERED, that the Clerk of the Court close this case. Signed by Senior Judge Lawrence E. Kahn on September 22, 2014. ***A copy of this order was served upon the pro se plaintiff by Certified US mail. (sas) Modified on 9/22/2014 to add pro se mailing language (sas). (Entered: 09/22/2014) |
| 2014-09-22 | 51 | JUDGMENT: IT IS ORDERED AND ADJUDGED that in the above entitled action, the case is DISMISSED and judgment is entered in favor of the Defendant as against the Plaintiff, In accordance with the MEMORANDUM-DECISION and ORDER of the Honorable Lawrence E. Kahn, U. S. District Judge, dated September 22, 2014. ***A copy of this order was served upon the pro se plaintiff by Certified US mail.(sas) (Entered: 09/22/2014) |
 Hide Docket Events |
