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Case TitleKocaya v. Duke et al
DistrictSouthern District of Florida
CityMiami
Case Number1:2017cv24367
Date Filed2017-11-28
Date Closed2019-11-19
JudgeJudge Jose E. Martinez
PlaintiffDavid Kocaya
Case DescriptionDavid Kocaya, a federal prisoner, submitted a FOIA request to U.S. Immigration and Customs Enforcement for records about his case. The agency acknowledged receipt of his request, but after hearing nothing further from the agency, Kocaya filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantElaine Duke Acting Secretary for Department of Homeland Security
DefendantDepartment of Homeland Security
DefendantBureau of Immigration and Customs Enforcement
Documents
Docket
Complaint
Complaint attachment 1
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2017-11-281COMPLAINT against Bureau of Immigration and Customs Enforcement, Department of Homeland Security, Elaine Duke, filed by David Kocaya. Filing fees $ 400.00. NOT PAID/NO IFP FILED. (Attachments: # 1 Exhibit)(kpe) (Entered: 12/04/2017)
2017-11-282Clerks Notice of Judge Assignment to Judge Jose E. Martinez and Magistrate Judge Patrick A. White. < (kpe) Modified text on 12/5/2017 (jc). (Entered: 12/04/2017)
2017-12-04SYSTEM ENTRY - Docket Entry 3 [motion] restricted/sealed until further notice. (nc) (Entered: 12/04/2017)
2017-12-05Magistrate Judge Patrick A. White no longer assigned to case. Magistrate Judge Alicia M. Otazo-Reyes added. (jc) (Entered: 12/05/2017)
2017-12-054Clerks Notice of Docket Correction re 2 Clerk's Notice of Judge Assignment. Incorrect Magistrate Judge Selected ; Corrected by the Clerk. (jc) (Entered: 12/05/2017)
2017-12-055Clerks Notice re: Filing Fee in the amount of $ 400.00 - Outstanding/Pending. (jmd) (Entered: 12/05/2017)
2018-03-066NOTICE of Filing Civil Cover Sheet by David Kocaya re 1 Complaint (mc) (Entered: 03/06/2018)
2018-05-157NOTICE of Inquiry (copy of docket sheet mailed)by David Kocaya (mee) (Entered: 05/15/2018)
2018-06-048NOTICE of Inquiry (copy of docket sheet mailed) by David Kocaya (mee) (Entered: 06/04/2018)
2018-06-299MOTION for Leave to Proceed in forma pauperis by David Kocaya. (mee) (Entered: 07/02/2018)
2018-07-0310ORDER Of Reference To Magistrate Judge Alicia M. Otazo-Reyes for Report and Recommendation. Signed by Judge Jose E. Martinez on 7/3/2018. See attached document for full details. (vmz) (Entered: 07/03/2018)
2018-07-0511NOTICE of Filing Proposed Summons(es) by David Kocaya re 1 Complaint filed by David Kocaya (mee) (Entered: 07/05/2018)
2018-10-1912NOTICE of Inquiry (copy of docket sheet mailed)by David Kocaya (mee) (Entered: 10/19/2018)
2018-12-1713ORDER denying without prejudice 9 Motion for Leave to Proceed in forma pauperis. Signed by Magistrate Judge Alicia M. Otazo-Reyes on 12/17/2018. See attached document for full details. (jsa) Updated docket text that does not apply to this case on 12/17/2018 per chambers(mf). (Entered: 12/17/2018)
2019-01-1014MOTION to compel defendant to documents Reconsideration/Plaintiffs Extraordinary Prerogative Writ of Mandamus re 13 Order on Motion for Leave to Proceed in forma pauperis, by David Kocaya. (mee) Modified text on 1/11/2019 (mr1). (Entered: 01/10/2019)
2019-01-1015MOTION For Any/A11 Forms Of Discovery For Disclosure Of A11 Exculpatory/EXculpatory Evidence; &, A11 Incorporated Affidavits, Declarations & Statements Of 'Authority Jurisdiction/Venue by David Kocaya. (cqs) (Entered: 01/11/2019)
2019-01-1016APPEAL of Magistrate Judge 13 Order on Motion for Leave to Proceed in forma pauperis, to District Court (hh) (Entered: 01/11/2019)
2019-01-1117ORDER OVERRULING PLAINTIFF'S RULE 72 OBJECTIONS overruled and denying 16 Appeal/Objection of Magistrate Judge Order to District Court. 13 is affirmed. Signed by Judge Jose E. Martinez on 1/11/2019. See attached document for full details. (mee) (Entered: 01/14/2019)
2019-01-2318ORDER TO SHOW CAUSE. Signed by Magistrate Judge Alicia M. Otazo-Reyes on 1/23/2019. See attached document for full details. (jsa) (Entered: 01/23/2019)
2019-02-0519RESPONSE TO ORDER TO SHOW CAUSE re 18 Order to Show Cause by David Kocaya. (mee) (Entered: 02/05/2019)
2019-02-0520ORDER re 19 Response to Order to Show Cause. Signed by Magistrate Judge Alicia M. Otazo-Reyes on 2/5/2019. See attached document for full details. (jsa) (Entered: 02/05/2019)
2019-02-2721Clerks Notice of Receipt of Filing Fee received on 2/27/2019 in the amount of $ 400.00, receipt number FLS100182160. (vt) (Entered: 02/27/2019)
2019-04-0822ORDER denying without prejudice 14 MOTION to compel; denying without prejudice 15 MOTION For Any/A11 Forms Of Discovery. Signed by Magistrate Judge Alicia M. Otazo-Reyes on 4/8/2019. See attached document for full details. (jsa) (Entered: 04/08/2019)
2019-05-0623NOTICE of Compliance by David Kocaya re 22 Order on Motion to Compel,, Order on Motion for Miscellaneous Relief, (Attachments: # 1 Exhibit) (mee) (Entered: 05/07/2019)
2019-05-0625Summons Issued as to Department of Homeland Security. (mee) (Entered: 05/07/2019)
2019-05-0724NOTICE of Filing Proposed Summons(es) by David Kocaya re 22 Order on Motion to Compel,, Order on Motion for Miscellaneous Relief, (Attachments: # 1 Summon(s)) (mee) (Entered: 05/07/2019)
2019-05-1426NOTICE of Inquiry (copy of docket sheet and summons issued mailed) by David Kocaya (mee) (Entered: 05/15/2019)
2019-08-0128MOTION for A Hearing to This Court, To Show & Demonstrate Their Cause & Scope of Their Arguments by David Kocaya. (Attachments: # 1 Exhibit) (nc) (Entered: 08/13/2019)
2019-08-0627MOTION for Default/Summary Judgment by David Kocaya. Responses due by 8/20/2019 (mee) (Entered: 08/06/2019)
2019-09-1330NOTICE/ "Appendant" for their criminal complaint citation for violations of their 1787-1791 Guaranteed U.S. Constitution Substantive Rights by David Kocaya (lh) (Entered: 09/16/2019)
2019-09-1331MOTION for Hearing to This Court, To Show & Demonstrate Their Cause & Scope of Their Arguments by David Kocaya. (nc) (Entered: 09/16/2019)
2019-09-1629NOTICE of Filing Discovery: Letter Request for production of Documents by David Kocaya. (Attachments: # 1 Exhibit)(lh) (Entered: 09/16/2019)
2019-09-1632ORDER denying 27 Motion for Summary Judgment; denying 28 Motion for Hearing; denying 31 Motion for Hearing. Signed by Magistrate Judge Alicia M. Otazo-Reyes on 9/16/2019. See attached document for full details. (jsa) (Entered: 09/16/2019)
2019-10-0333MOTION for Reconsideration re 32 Order on Motion for Summary Judgment, Order on Motion for Hearing, by David Kocaya. (Attachments: # 1 Exhibit)(mee) (Entered: 10/03/2019)
2019-10-0434PAPERLESS ORDER denying 33 Motion for Reconsideration. Failure to timely serve Defendants will result in dismissal without prejudice, without further notice. Signed by Judge Jose E. Martinez on 10/4/2019. (mws) (Entered: 10/04/2019)
2019-10-0835REQUEST for A Ex Parte Judgment by Nibil Dicit by David Kocaya. (nc) (Entered: 10/08/2019)
2019-10-0836REQUEST A Nil Dicit No-Answer Default Judgment In Rem by Nibil Dicit Judgment by David Kocaya. (nc) (Entered: 10/08/2019)
2019-11-0637Letter re unable to file motion due to wide lock down from David Kocaya (mee) (Entered: 11/06/2019)
2019-11-0838Ex Parte MOTION to Appoint Marshal to Serve Summons and Complaint by David Kocaya. Responses due by 11/22/2019 (Attachments: # 1 Exhibit, # 2 Supplement)(mee) (Entered: 11/12/2019)
2019-11-1939ORDER DENYING MOTION TO APPOINT U.S. MARSHAL TO SERVE PROCESS AND DISMISSING CASE WITHOUT PREJUDICE. Closing Case. Denied as moot: 35 MOTION for Judgment filed by David Kocaya,denied 38 MOTION for Appointment of Special Process Server filed by David Kocaya, 36 MOTION A Nil Dicit No-Answer Default Jugment In Rem by Nibil Dicit Judgment filed by David Kocaya. Signed by Judge Jose E. Martinez on 11/18/2019. See attached document for full details. (mee) (Entered: 11/19/2019)
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by FOIA Project Staff
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