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Case TitleHARMON v. UNITED STATES DEPARTMENT OF THE TREASURY et al
DistrictSouthern District of Indiana
CityTerre Haute
Case Number2:2014cv00369
Date Filed2014-12-03
Date Closed2015-12-10
JudgeJudge William T. Lawrence
PlaintiffDANNY HARMON
Case DescriptionDanny Harmon, a federal prisoner, submitted a FOIA request to the Department of Treasury for records concerning his investigation and conviction. The agency responded to his request by indicating that there were nine responsive records that were being withheld. Harmon filed an administrative appeal with the IRS, but heard nothing further. He then filed suit.
Complaint issues: Failure to respond within statutory time limit

DefendantUNITED STATES DEPARTMENT OF THE TREASURY
DefendantBUTCH BAKER Sheriff, Henry County, Indiana
TERMINATED: 01/12/2015
DefendantNEW CASTLE DRUG TASK FORCE
TERMINATED: 01/12/2015
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Opinion/Order [31]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2014-12-031COMPLAINT against BUTCH BAKER, NEW CASTLE DRUG TASK FORCE, UNITED STATES DEPARTMENT OF THE TREASURY, filed by DANNY HARMON. (No fee paid with this filing) (Attachments: # 1 Proposed Summons, # 2 Proposed Notice of Lawsuit, # 3 Envelope)(MEH) (Entered: 12/04/2014)
2014-12-032MOTION for Leave to Proceed in forma pauperis, filed by Plaintiff DANNY HARMON. (Attachments: # 1 Envelope)(MEH) (Entered: 12/04/2014)
2014-12-043MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (MEH) (Entered: 12/04/2014)
2014-12-054ORDER granting 2 Motion for Leave to Proceed in forma pauperis. The plaintiff's motion to proceed in forma pauperis [dkt 2] is granted. He shall have through January 5, 2015, in which to pay an initial partial filing fee of $40.33. Copy to Plaintiff via US Mail. Signed by Judge William T. Lawrence on 12/5/2014. (AH) (Entered: 12/05/2014)
2014-12-165CONSENT to Jurisdiction to US Magistrate Judge by DANNY HARMON. (Attachments: # 1 Envelope)(AH) (Entered: 12/17/2014)
2014-12-166RECEIPT #IP043713 for partial filing fee in the amount of $40.33, paid by Danny Harmon. (JRT) (Entered: 12/23/2014)
2015-01-127ENTRY Directing Further Proceedings - The plaintiff's FOIA claim against the United States shall proceed as submitted. The plaintiff's APRA claims are dismissed and Butch Baker and the New Castle Drug Force are dismissed as defendants in this action. The clerk shall update the docket accordingly. No partial final judgment shall issue as to the claims resolved in this Entry. The clerk shall issue process, consisting of a summons, which the Marshal for this District or his Deputy shall serve, together with a copy of the complaint and the attachments thereto, and a copy of this Entry, on the defendant and on the officials designated pursuant to Fed. R. Civ. P. 4(i))(2), at the expense of the United States. **SEE ENTRY**Copy sent to Plaintiff via US Mail. Signed by Judge William T. Lawrence on 1/12/2015. (AH) (Entered: 01/12/2015)
2015-01-128Summons Issued as to USA - UNITED STATES DEPARTMENT OF THE TREASURY via USM (Form 285) (AH) (Entered: 01/12/2015)
2015-01-279RETURN of USM Service by DANNY HARMON. UNITED STATES DEPARTMENT OF THE TREASURY served on 1/23/2015 c/o US Attorney General. (AH) (Entered: 01/28/2015)
2015-02-2410RETURN of USM Service UNITED STATES DEPARTMENT OF THE TREASURY served on 2/20/2015 c/o Office of the US Attorney. (AH) (Entered: 02/25/2015)
2015-05-0411RETURN of USM Service UNITED STATES DEPARTMENT OF THE TREASURY served on 1/23/2015. (AH) (Entered: 05/04/2015)
2015-05-0512MOTION for Extension of Time to 05/19/15 in which to 1 Complaint , filed by Defendant UNITED STATES DEPARTMENT OF THE TREASURY. (Attachments: # 1 Text of Proposed Order)(Ho, Stephen) (Entered: 05/05/2015)
2015-05-0513ENTRY - Service of a summons and complaint in this action has been made on the defendant. The clerk shall include a copy of the complaint and the Entry of January 12, 2015, with the distribution of this Entry. The defendant shall have through May 29, 2015, in which to appear and file an answer or other response to the complaint. Copies sent as directed. Signed by Judge William T. Lawrence on 5/5/2015. (AH) (Entered: 05/05/2015)
2015-05-0715ORDER granting 12 Motion for Extension of Time. The defendant shall have through May 29, 2015, in which to respond to the complaint. Copy to Plaintiff via US Mail. Signed by Judge William T. Lawrence on 5/7/2015. (AH) (Entered: 05/08/2015)
2015-05-0814NOTICE of Appearance by Stephen Shuching Ho on behalf of Defendant UNITED STATES DEPARTMENT OF THE TREASURY. (Ho, Stephen) (Entered: 05/08/2015)
2015-05-2916MOTION to Dismiss for Lack of Jurisdiction , MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , or in the Alternative Motion for Summary Judgment , filed by Defendant UNITED STATES DEPARTMENT OF THE TREASURY. (Ho, Stephen) (Entered: 05/29/2015)
2015-05-2917BRIEF/MEMORANDUM in Support re 16 MOTION to Dismiss for Lack of Jurisdiction MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , or in the Alternative Motion for Summary Judgment , filed by Defendant UNITED STATES DEPARTMENT OF THE TREASURY. (Attachments: # 1 Exhibit Declaration of Naomi Laub, # 2 Exhibit Declaration of Celeste Neal, # 3 Exhibit 1 - June 25, 2014 IRS Response, # 4 Exhibit 2 - July 16, 2014 IRS Response, # 5 Exhibit 3 - August 26, 2014 IRS Response, # 6 Exhibit 4 - September 19, 2014 IRS Response, # 7 Exhibit 5 - Notice 393)(Ho, Stephen) (Entered: 05/29/2015)
2015-06-1518MOTION for Extension of Time to File Response re 16 MOTION to Dismiss for Lack of Jurisdiction MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , or in the Alternative Motion for Summary Judgment , filed by Plaintiff DANNY HARMON. (Attachments: # 1 Envelope)(AH) (Entered: 06/16/2015)
2015-06-1719ORDER granting 18 Motion for Extension of Time to File Response to 7/31/2015 re 16 MOTION to Dismiss for Lack of Jurisdiction MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , or in the Alternative Motion for Summary Judgment .The defendant has filed a motion to dismiss or in the alternative for summary judgment, but did not file the Notice Regarding Right to Respond to and Submit Evidence in Opposition to Motion for Summary Judgment required by this Courts Local Rule 56-1(k). The defendant shall immediately file an serve the Notice. Copy to plaintiff via US Mail. Signed by Judge William T. Lawrence on 6/17/2015. (AH) (Entered: 06/17/2015)
2015-06-1820MOTION for Leave to File Amended Brief in Support of Motion to Dismiss or, in the Alternative, Motion for Summary Judgment , filed by Defendant UNITED STATES DEPARTMENT OF THE TREASURY. (Attachments: # 1 Exhibit Amended Brief, # 2 Text of Proposed Order)(Ho, Stephen) (Entered: 06/18/2015)
2015-06-1821NOTICE Regarding Right to Respond to and Submit Evidence in Opposition to Motion for Summary Judgment , filed by Defendant UNITED STATES DEPARTMENT OF THE TREASURY, re 17 Brief/Memorandum in Support of Motion, 20 MOTION for Leave to File Amended Brief in Support of Motion to Dismiss or, in the Alternative, Motion for Summary Judgment , 16 MOTION to Dismiss for Lack of Jurisdiction MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , or in the Alternative Motion for Summary Judgment . (Attachments: # 1 Exhibit A - Fed. R. Civ. P. 56, # 2 Exhibit B - Local Rule 56-1) (Ho, Stephen) (Entered: 06/18/2015)
2015-06-2222ENTRY - granting 20 Motion for Leave to File Amended Brief in Support of Motion to Dismiss or, in the Alternative, Motion for Summary Judgment. The clerk shall docket the proposed amended brief (dkt 20-1) as the Amended Brief in Support of Motion to Dismiss or, in the Alternative, Motion for Summary Judgment. The plaintiff continues to have through July 31, 2015, in which to file a response to the defendant's motion. Copy to plaintiff via US mail. Signed by Judge William T. Lawrence on 6/22/2015. (RSF) (Entered: 06/22/2015)
2015-06-2223AMENDED BRIEF/MEMORANDUM in Support re 16 MOTION to Dismiss for Lack of Jurisdiction MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , or in the Alternative Motion for Summary Judgment , filed by Defendant UNITED STATES DEPARTMENT OF THE TREASURY. (Docketed pursuant to Entry 22 . Copy of amended brief to plaintiff via US Mail. (RSF) (Entered: 06/22/2015)
2015-08-0424MOTION for Extension of Time, filed by Plaintiff DANNY HARMON. (Attachments: # 1 Envelope)(AH) (Entered: 08/05/2015)
2015-08-0725ORDER granting 24 Motion for Extension of Time. He shall have through August 28, 2015, in which to respond to the motion for summary judgment. Copy to plaintiff via US mail. Signed by Judge William T. Lawrence on 8/7/2015. (AH) (Entered: 08/07/2015)
2015-08-1926Letter from George A. DeLuca regarding health of DANNY G. HARMON. (Attachments: # 1 Envelope) (AH) (Entered: 08/20/2015)
2015-08-2427NOTICE of Change of Address for DANNY HARMON. (Attachments: # 1 Envelope) (AH) (Entered: 08/25/2015)
2015-09-0128RESPONSE in Opposition re 16 MOTION to Dismiss for Lack of Jurisdiction MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , or in the Alternative Motion for Summary Judgment , filed by Plaintiff DANNY HARMON. (Attachments: # 1 Envelope)(DW) (Entered: 09/03/2015)
2015-09-1529REPLY in Support of Motion re 16 MOTION to Dismiss for Lack of Jurisdiction MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , or in the Alternative Motion for Summary Judgment , filed by Defendant UNITED STATES DEPARTMENT OF THE TREASURY. (Ho, Stephen) (Entered: 09/15/2015)
2015-09-2430Surreply re 16 MOTION to Dismiss for Lack of Jurisdiction MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , or in the Alternative Motion for Summary Judgment , filed by Plaintiff DANNY HARMON. (Attachments: # 1 Envelope)(DW) (Entered: 09/28/2015)
2015-12-1031Entry Discussing Motion to Dismiss or, in the Alternative, for Summary Judgment - Plaintiff Danny Harmon brings a claim pursuant to the Freedom of Information Act ("FOIA") against the United States Department of the Treasury. The defendant moves to dismiss or in the alternative for summary judgment on Mr. Harmon's claims because he failed to exhaust his administrative remedies before bringing this suit. It is undisputed that Mr. Harmon failed to exhaust his administrative remedies. Accordingly, the defendant's motion for summary judgment [dkt 16] is granted. Judgment consistent with this Entry shall now issue. (See Entry.) Copy to plaintiff via US Mail. Signed by Judge William T. Lawrence on 12/10/2015. (RSF) (Entered: 12/10/2015)
2015-12-1032CLOSED JUDGMENT - FINAL JUDGMENT PURSUANT TO FED. R. CIV. PRO. 58 - The Court having this day made its Entry directing the entry of final judgment, the Court now enters FINAL JUDGMENT. Judgment is entered in favor of the defendant and against the plaintiff. The plaintiff shall take nothing by his complaint and this action is terminated. Copy to plaintiff via US Mail. Signed by Judge William T. Lawrence on 12/10/2015.(RSF) (Entered: 12/10/2015)
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