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Case TitleCummings v. Merit Systems Protection Board et al
DistrictWestern District of Texas
CityAustin
Case Number1:2015cv00993
Date Filed2015-11-02
Date Closed2016-07-20
JudgeJudge Lee Yeakel
PlaintiffDeward L. Cummings, II
Case DescriptionDeward Cummings requested records from the U.S. Postal Service and the Merit Systems Protection Board concerning charges brought against him. Although there is no indication that Cummings made the requests or that the agencies processed the requests, Cummings filed suit against both agencies.
Complaint issues: Failure to respond within statutory time limit

DefendantMerit Systems Protection Board Merit Systems Protection (Review) Board
DefendantU.S. Court of Appeals for the Federal Circuit
DefendantPostmaster of the United State Postal Service
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2015-11-021COMPLAINT ( Filing fee $ 400 receipt number 100025609), filed by Deward L. Cummings, II. (Attachments: # 1 Exhibits, # 2 Civil Cover Sheet and Receipt No. 100025609)(afd) (Entered: 11/02/2015)
2015-11-232Copy of Letter sent from Zachary Richter, US Attorney to Plaintiff Cummings regarding proper service of Complaint on United States parites. (klw) (Entered: 11/23/2015)
2015-12-023Copy of Letter from Deward L. Cummings, II to Zachary Richter regarding service of Complaint. (klw) (Clerk notes that the pages that appear as black pages in this filing were blank black pages in the original filing and scanned as such. (Entered: 12/03/2015)
2015-12-164MOTION for Hearing on Service of Process and other such relief the Court is allowed by Deward L. Cummings, II. (klw) (Entered: 12/16/2015)
2016-01-055ORDER DENYING WITHOUT PREJUDICE Plaintiff's 4 Motion for Hearing on Service of Process and Other Such Relief the Court is Allowed. Signed by Judge Lee Yeakel. (klw) (Entered: 01/05/2016)
2016-02-126MOTION for Clarification of Process of Service and Response Time by Deward L. Cummings, II. (klw) (Entered: 02/16/2016)
2016-02-127MOTION for Jury Trial by Deward L. Cummings, II. (klw) (Entered: 02/16/2016)
2016-02-168Letter to Deward Cummings regarding return of request for Summons. (klw) (Clerk notes 3 blank copies of Summons sent to plaintiff. (Entered: 02/16/2016)
2016-02-299Letter from Deward L. Cummings, II re: issuance of summons. (klw) (Entered: 02/29/2016)
2016-03-0810ORDER REFERRING pending and future discovery motions as well as allother non-dispositive motions in this case to Magistrate Judge Andrew W. Austin. Signed by Judge Lee Yeakel. Referral Magistrate Judge: Andrew W. Austin. (klw) (Entered: 03/08/2016)
2016-03-0911Letter to Deward Cummings regarding proper requests for Issuance of Summons. (klw) (Entered: 03/09/2016)
2016-03-1012Letter from Deward L. Cummings, II requesting issuance of summons. (klw) (Entered: 03/16/2016)
2016-03-1513Letter from Deward L. Cummings, II requesting issuance of summons. (klw) (Entered: 03/16/2016)
2016-03-1614Summons Issued as to Merit Systems Protection Board. (klw) (Entered: 03/16/2016)
2016-03-1615Summons Issued as to Postmaster of the United State Postal Service and U.S. Court of Appeals for the Federal Circuit. (klw) (Entered: 03/16/2016)
2016-03-2316ORDER for Cummings to file a More Definite Statement limited to five (5) pages or less with the Court by April 4, 2016, addressing the issues outlined in this Order. Signed by Judge Andrew W. Austin. (klw) (Entered: 03/23/2016)
2016-04-0417RESPONSE to 16 Order by Deward L. Cummings, II. (klw) (Entered: 04/05/2016)
2016-04-2018MOTION to Dismiss for Improper Service and Lack of Jurisdiction , MOTION for Summary Judgment by Merit Systems Protection Board, Postmaster of the United State Postal Service, U.S. Court of Appeals for the Federal Circuit. (Attachments: # 1 Appendix). Motions referred to Judge Andrew W. Austin. (Richter, Zachary) (Entered: 04/20/2016)
2016-04-2219Notification of Service of Process for FOIA Injunctive Relief by Deward L. Cummings, II. (klw) (Entered: 04/22/2016)
2016-05-0620MOTION for Extension of Time to File Reply Government's RESPONSE to the 1 Complaint filed by Deward L. Cummings, II. Motions referred to Judge Andrew W. Austin. (klw) (Entered: 05/06/2016)
2016-05-1121ORDER GRANTING Plaintiff's 20 Motion for Extension of Time to File Response to Government's 20 Motion to Dismiss. Response is due on or before 05/24/16. Signed by Judge Andrew W. Austin. (klw) (Entered: 05/11/2016)
2016-05-1222MOTION to Strike Government's RESPONSE by Deward L. Cummings, II. Motions referred to Judge Andrew W. Austin. (klw) (Entered: 05/12/2016)
2016-05-1923Response in Opposition to Motion, filed by Merit Systems Protection Board, Postmaster of the United State Postal Service, U.S. Court of Appeals for the Federal Circuit, re 22 MOTION to Strike filed by Plaintiff Deward L. Cummings, II (Attachments: # 1 Proposed Order)(Richter, Zachary) (Entered: 05/19/2016)
2016-05-2324MOTION for Defendants to Admit or Deny Existance of of USPS Document by Deward L. Cummings, II. Motions referred to Judge Andrew W. Austin. (klw) (Entered: 05/23/2016)
2016-05-2325AMENDED MOTION to Strike Government's Response(s) by Deward L. Cummings, II. Motions referred to Judge Andrew W. Austin. (klw) (Entered: 05/23/2016)
2016-05-2526SECOND AMENDED MOTION to Strike the Government's Response(s) by Deward L. Cummings, II. Motions referred to Judge Andrew W. Austin. (klw) (Entered: 05/25/2016)
2016-05-2627NOTICE of Complaint of Collusion by the Judge, the Court & Defendants by Deward L. Cummings, II. (klw) (Entered: 05/26/2016)
2016-05-3128Response in Opposition to Motion, filed by Merit Systems Protection Board, Postmaster of the United State Postal Service, U.S. Court of Appeals for the Federal Circuit, re 24 MOTION for Defendants to Admit or Deny Existance of of USPS Document filed by Plaintiff Deward L. Cummings, II (Attachments: # 1 Proposed Order)(Richter, Zachary) (Entered: 05/31/2016)
2016-05-3129Response in Opposition to Motion, filed by Merit Systems Protection Board, Postmaster of the United State Postal Service, U.S. Court of Appeals for the Federal Circuit, re 26 MOTION to Strike filed by Plaintiff Deward L. Cummings, II, 25 MOTION to Strike 22 MOTION to Strike filed by Plaintiff Deward L. Cummings, II (Attachments: # 1 Proposed Order)(Richter, Zachary) (Entered: 05/31/2016)
2016-06-0930MOTION to Delay, Object, Reject, Deny, Set-Aside, Throw-Out Defendant's 18 Motion to Dismiss by Deward L. Cummings, II. Motions referred to Judge Andrew W. Austin. (ml) (Entered: 06/09/2016)
2016-06-1333MOTION to Delay Object, Reject, Deny, Set-A-Side, Throw-Out Defendant's Motion to Dismiss by Deward L. Cummings, II. Motions referred to Judge Andrew W. Austin. (ml) (Entered: 06/21/2016)
2016-06-1334NOTICE of FOIA Injunctive Relief and Other Such Relief as Can be Granted by Deward L. Cummings, II. (ml) (Entered: 06/21/2016)
2016-06-1531Petitioner's DEMAND that the Judge & Defendants "move" or "act" on the Petitioner's Motions BEFORE the Judge ACTS on the Defendants' "motions" or show cause by Deward L. Cummings, II. (klw) (Entered: 06/15/2016)
2016-06-1632RESPONSE to 30 MOTION to delay, object, reject, deny, set-aside, throw-out Defendant's Motion to Dismiss, 31 Notice (Other) by Merit Systems Protection Board, Postmaster of the United State Postal Service, U.S. Court of Appeals for the Federal Circuit. (Attachments: # 1 Proposed Order)(Richter, Zachary) (Entered: 06/16/2016)
2016-06-2235Objection to Motion to Dismiss and files this Complaint and Demand by Deward L. Cummings, II. (klw) (Entered: 06/22/2016)
2016-06-2236REPORT AND RECOMMENDATIONS DENYING the following Plaintiff's motions: 6 Motion for clarification of Process of Service and Response Time, 7 Motion for Jury Trial, 22 Motion to Strike Government's Response, 24 Motion for Defendants to Admit or Deny Existence of USPS Document, 25 Amended Motion to Strike the Governments Response, 26 Second Amended Motion to Strike the Governments Response and 30 Motion to Delay, Object, Reject, Deny, Set-Aside, Throw-Out Defendants Motion to Dismiss. RECOMMENDATION that the District Court GRANT Defendants' 18 Motion for Summary Judgment and further RECOMMENDS that the District Court BAR Cummings from filing any future actions in the Western District of Texas without first obtaining permission from amagistrate or district judge of this Court, or a circuit judge of the United States Court of Appeals for the Fifth Circuit. Signed by Judge Andrew W. Austin. (klw) (Entered: 06/23/2016)
2016-06-22CASE NO LONGER REFERRED to Magistrate Judge Andrew W. Austin. (klw) (Entered: 06/23/2016)
2016-06-2337Copy of 36 Report and Recommendations sent to Cummings via regular mail and Certified Mail. (klw) (Entered: 06/23/2016)
2016-06-24Text Order STRIKING 33 Motion entered by Judge Andrew W. Austin. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ssw) (Entered: 06/24/2016)
2016-06-3038Certified mail acknowledgment receipt for magistrate 36 Report and Recommendations as to Deward L. Cummings, II. (klw) (Entered: 06/30/2016)
2016-07-1139Request (MOTION) to Remove, Disqualify or Recuse Judges by Deward L. Cummings, II. (klw) (Entered: 07/11/2016)
2016-07-1940Plaintiff's OBJECTION to 36 Report and Recommendations by Deward L. Cummings, II. (klw) (Entered: 07/19/2016)
2016-07-2041ORDER DENYING Plaintiff's 39 Motion to Remove, Disqua1if', or Recuse Judges. Signed by Judge Lee Yeakel. (klw) (Entered: 07/20/2016)
2016-07-2042ORDER ADOPTING Magistrate Judge's 36 Report and Recommendations; ORDER Granting Defendants' 18 Motion to Dismiss or for Summary Judgment. Plaintiffs claims against Defendants are DISMISSED WITH PREJUDICE. ORDERED that Plaintiff Deward L. Cummings II shall not file any future actions in the United States Court for the Western District of Texas without first obtainingpermission from a magistrate judge or district judge of this court, or a circuit judge of the United States Court of Appeals for the Fifth Circuit. Signed by Judge Lee Yeakel. (klw) (Entered: 07/20/2016)
2016-07-2043FINAL JUDGMENT dismissing all of Plaintiff's claims against Defendants with prejudice. Signed by Judge Lee Yeakel. (klw) (Entered: 07/20/2016)
2016-07-2144WRIT of MANDAMUMS by Deward L. Cummings, II. (klw) (Entered: 07/21/2016)
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