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Case TitleBRYAN v. U.S. DEPARTMENT OF JUSTICE OFFICE OF INFORMATION POLICY et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2018cv00859
Date Filed2018-04-09
Date Closed2020-08-28
JudgeJudge Amit P. Mehta
PlaintiffHOWARD BRYAN
also known as PAUL SMITH
Case DescriptionHoward Bryan, a state prisoner in New York, asked for information from a number of state and federal agencies, including the Department of Justice. After the agencies failed to respond, Bryan filed suit.
Complaint issues: Failure to respond within statutory time limit

DefendantU.S. DEPARTMENT OF JUSTICE OFFICE OF INFORMATION POLICY
DefendantHORRY COUNTY, SOLICITOR'S OFFICE OF THE STATE OF SOUTH CAROLINA
DefendantHORRY COUNTY, SOLICITOR'S OFFICE OF THE STATE OF SOUTH CAROLINA
TERMINATED: 04/30/2019
DefendantDEPARTMENT OF PROBATION, PAROLE AND PARDEN SERVICE
DefendantDEPARTMENT OF PROBATION, PAROLE AND PARDEN SERVICE
TERMINATED: 04/30/2019
Documents
Docket
Complaint
Complaint attachment 1
Opinion/Order [35]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2018-04-09Initiating Pleading & IFP Application Received on 04/09/2018. (zsb) (Entered: 04/17/2018)
2018-04-091COMPLAINT against DEPARTMENT OF PROBATION, PAROLE AND PARDEN SERVICE, HORRY COUNTY, SOLICITOR'S OFFICE OF THE STATE OF SOUTH CAROLINA, U.S. DEPARTMENT OF JUSTICE OFFICE OF INFORMATION POLICY filed by HOWARD BRYAN. (Attachment: # 1 Exhibit)(zsb) (Entered: 04/18/2018)
2018-04-092MOTION for Leave to Proceed in forma pauperis by HOWARD BRYAN (zsb) (Entered: 04/18/2018)
2018-05-073PRO SE ORDER directing within 30 days of this Order, unless an extension of time is granted, plaintiff to provide a six month trust fund prisoner account statement and failure to comply will result in dismissal of case. Plaintiff shall provide the requested information specific within this order. Signed by Judge Colleen Kollar-Kotelly on 5/7/2018. (zrdj) (Entered: 05/11/2018)
2019-02-194***Staff notes.....Pro Se Plaintiff mailed Notice of Change of Address and Complaint of Prejudicial Delay. Document did not bear a signature, and was returned to the address of record. (zsb) (Entered: 02/21/2019)
2019-02-205ORDER DISMISSING PRO SE CASE WITHOUT PREJUDICE. Ordered that the application of the plaintiff to proceed in forma pauperis is denied. Pro Se party has been notified by first class mail. Signed by Judge Trevor N. McFadden on 02/19/2019. (zsb) (Entered: 02/21/2019)
2019-04-186MOTION for Reconsideration re 5 Order Dismissing Pro Se Case by HOWARD BRYAN (zrdj) (Entered: 04/22/2019)
2019-04-307ORDER granting 6 Motion for Reconsideration. Signed by Judge Emmet G. Sullivan on 04/29/2019. (zsb) (Entered: 04/30/2019)
2019-04-308ORDER directing an initial partial filing fee in the amount of $15.56 from Prison Account of HOWARD BRYAN and granting MOTION for Leave to Proceed In Forma Pauperis (see order for full details). Pro Se party has been notified by first class mail. Signed by Judge Emmet G. Sullivan on 4/29/2019. (zsb) (Entered: 04/30/2019)
2019-04-30Case Assigned to Judge Amit P. Mehta. (zsb) (Entered: 04/30/2019)
2019-05-019SUMMONS (3) Issued as to U.S. DEPARTMENT OF JUSTICE OFFICE OF INFORMATION POLICY, U.S. Attorney and U.S. Attorney General (zrdj) (Entered: 05/01/2019)
2019-05-0210MOTION to Appoint Counsel by HOWARD BRYAN"Leave to file GRANTED." Signed by Judge Emmet G. Sullivan on 05/02/2019. (Attachment: # 1 Affidavit)(zsb) (Entered: 05/06/2019)
2019-05-0211NOTICE by HOWARD BRYAN "Leave to file GRANTED." Signed by Judge Emmet G. Sullivan on 05/02/2019.(zsb) (Entered: 05/06/2019)
2019-05-2412RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF JUSTICE OFFICE OF INFORMATION POLICY served on 5/20/2019, RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 05/20/2019., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 5/20/2019. ( Answer due for ALL FEDERAL DEFENDANTS by 6/19/2019.) (jf) (Entered: 05/30/2019)
2019-05-2813Letter from Howard Bryan. "LET THIS BE FILED" signed by Judge Amit P. Mehta on 05/28/2019 (jf) (Entered: 05/30/2019)
2019-05-31MINUTE ORDER: Plaintiff's letter requesting "time and permission to File Addendum," ECF No. 13, is construed as a motion to reconsider the pre-assignment order that dismissed the nonfederal defendants from this FOIA case, ECF No. 7. Plaintiff has provided no grounds to revisit that order. However, the Federal Defendant was served with process less than 21 days ago and has not yet appeared in the case. Therefore, Plaintiff may amend the complaint "once as a matter of course." Fed. R. Civ. P. 15(a). In other words, Plaintiff currently does not need the court's permission to file an amended complaint. Because an amended complaint typically replaces the original complaint, it should list in the caption the full names and complete addresses of all defendants and include all intended claims. Signed by Judge Amit P. Mehta on 5/31/19.(ah) (Entered: 05/31/2019)
2019-06-1814NOTICE of Appearance by Marsha Wellknown Yee on behalf of U.S. DEPARTMENT OF JUSTICE OFFICE OF INFORMATION POLICY (Yee, Marsha) (Entered: 06/18/2019)
2019-06-1815MOTION for Extension of Time to File Defendant U.S. Department of Justice's Response to Plaintiff's Complaint by U.S. DEPARTMENT OF JUSTICE OFFICE OF INFORMATION POLICY (Attachments: # 1 Certificate of Service)(Yee, Marsha) (Entered: 06/18/2019)
2019-06-18MINUTE ORDER granting 15 Defendant's Motion for Extension of Time. Defendant's Response to Plaintiff's Complaint shall be due on August 9, 2019, or 14 days after Plaintiff files an Amended Complaint, whichever is later. Signed by Judge Amit P. Mehta on 06/17/2019. (lcapm1) (Entered: 06/18/2019)
2019-06-19Set/Reset Deadlines: Answer due by 8/9/2019 or 14 days after Plaintiff files an amended complaint, whichever is later. (zjd) (Entered: 06/19/2019)
2019-08-0916MOTION for Summary Judgment by U.S. DEPARTMENT OF JUSTICE OFFICE OF INFORMATION POLICY (Attachments: # 1 Statement of Facts, # 2 Declaration of Tink Cooper and Exhibits A-E, # 3 Text of Proposed Order, # 4 Certificate of Service)(Yee, Marsha) (Entered: 08/09/2019)
2019-08-1217ORDER advising Plaintiff to respond by September 9, 2019, to Defendant Department of Justice's 16 Motion for Summary Judgment or risk summary judgment in favor of Defendant in the case. See the attached Order for additional details. Signed by Judge Amit P. Mehta on 08/12/2019. (lcapm1) (Entered: 08/12/2019)
2019-08-12Set/Reset Deadlines: Plaintiff's Response to Motion for Summary Judgment due by 9/9/2019. (zjd) (Entered: 08/13/2019)
2019-08-1518ORDER denying without prejudice 10 Plaintiff's Motion to Appoint Counsel (see document for details). Signed by Judge Amit P. Mehta on 8/15/19.(ah) (Entered: 08/15/2019)
2019-08-2919ENTERED IN ERROR.....MOTION for Extension of Time to File Response as to 16 MOTION for Summary Judgment by HOWARD BRYAN (jf) Modified on 9/4/2019 (jf). (Entered: 09/04/2019)
2019-09-04NOTICE OF CORRECTED DOCKET ENTRY: Document No. re 19 MOTION for Extension of Time to File Response/Reply as to 16 MOTION for Summary Judgment was entered in error and will be refiled in 17cv859. (jf) (Entered: 09/04/2019)
2019-09-05MINUTE ORDER granting Plaintiff's Motion for an Enlargement of Time. Plaintiff shall file his Opposition to Defendant's Motion for Summary Judgment on or before September 30, 2019. Signed by Judge Amit P. Mehta on 09/05/2019. (lcapm1) Modified document type on 9/6/2019 (zjd). (Entered: 09/05/2019)
2019-09-05Set/Reset Deadlines: Plaintiff's Opposition due by 9/30/2019. (zjd) (Entered: 09/06/2019)
2019-09-1720Memorandum in opposition to re 16 MOTION for Summary Judgment filed by HOWARD BRYAN. "LET THIS BE FILED" Signed by Amit P. Mehta, USDJ on 09/17/2019 (jf) (Entered: 09/20/2019)
2019-09-1721SEALED DOCUMENT filed by HOWARD BRYAN. (This document is SEALED and only available to authorized persons.) "LET THIS BE FILED" Signed by Amit P. Mehta, USDJ on 09/17/2019(zjf) (Entered: 09/20/2019)
2019-10-0822Letter from Howard Bryan. "LET THIS BE FILED" Signed by Amit P. Mehta, USDJ on 10/08/2019 (jf) (Entered: 10/09/2019)
2019-12-3123ORDER denying without prejudice 16 Defendant's Motion for Summary Judgment. Defendant may renew its motion by January 31, 2020. See attached Order for additional details. Signed by Judge Amit P. Mehta on 12/31/2019. (lcapm2) (Entered: 12/31/2019)
2019-12-31Set/Reset Deadlines: Supplemental Declaration and Legal Memorandum due by 1/31/2020. (zjd) (Entered: 12/31/2019)
2020-01-0724Letter from Howard Bryan. "LET THIS BE FILED" Signed by Amit P. Mehta on 01/07/2020. (eg) (Entered: 01/13/2020)
2020-01-2325Mail Returned as Undeliverable; Sent to Howard Bryan; Type of Document Returned: 23 Order. A copy of the 23 Order was mailed to the Pro Se party at the new address of record on 1/13/2020. (zjd) (Entered: 01/24/2020)
2020-01-3026MOTION for Summary Judgment (Renewed) by U.S. DEPARTMENT OF JUSTICE OFFICE OF INFORMATION POLICY (Attachments: # 1 Statement of Facts, # 2 Cooper Decl. dated Jan. 30, 2020, # 3 Text of Proposed Order, # 4 Certificate of Service)(Yee, Marsha) (Entered: 01/30/2020)
2020-01-3127ORDER advising Plaintiff to respond by March 2, 2020, to Defendant's 26 Renewed Motion for Summary Judgment or risk summary judgment in favor of Defendant in the case. See the attached Order for additional details. Signed by Judge Amit P. Mehta on 1/31/2020. (lcapm1) (Entered: 01/31/2020)
2020-01-31Set/Reset Deadlines: Response due by 3/2/2020. (zjd) (Entered: 01/31/2020)
2020-02-0328Mail Returned as Undeliverable; Sent to Howard Bryan; Type of Document Returned: 23 Order and docket sheet. (zjd) (Entered: 02/05/2020)
2020-03-1229MOTION to Appoint Counsel by HOWARD BRYAN (Attachments: # 1 Memorandum in Support)(eg) (Entered: 03/19/2020)
2020-03-1230MOTION for Extension of Time to File Response/Reply as to 26 MOTION for Summary Judgment (Renewed) by HOWARD BRYAN (eg) (Entered: 03/19/2020)
2020-03-1231AFFIDAVIT of Service by HOWARD BRYAN. (eg) (Entered: 03/19/2020)
2020-03-1232Letter from HOWARD BRYAN. "LET THIS BE FILED" Signed by Judge Amit P. Mehta on 3/12/2020. (eg) (Entered: 03/20/2020)
2020-04-06MINUTE ORDER granting Plaintiff's 30 Motion for Extension of Time to File Response/Reply. Plaintiff shall file his opposition to Defendant's 26 Renewed Motion for Summary Judgment by May 6, 2020. Signed by Judge Amit P. Mehta on 4/6/2020. (Entered: 04/06/2020)
2020-04-06Set/Reset Deadlines: Plaintiff's Opposition due by 5/6/2020. (zjd) (Entered: 04/07/2020)
2020-04-13MINUTE ORDER: Plaintiff's renewed motion for an appointment of counsel 29 is denied for the reasons stated in the order denying his initial motion for counsel [Dkt. 18]. Signed by Judge Amit P. Mehta on 4/13/20.(ah) (Entered: 04/13/2020)
2020-04-2033Memorandum in opposition to re 26 MOTION for Summary Judgment (Renewed) filed by HOWARD BRYAN. (Attachments: # 1 Declaration, # 2 Statement of Facts, # 3 Exhibits)(eg) (Entered: 06/10/2020)
2020-08-2834ORDER granting 26 Defendant's Motion for Summary Judgment and entering judgment in favor of Defendant, for the reasons stated in the Memorandum Opinion issued separately this day. Signed by Judge Amit P. Mehta on 8/28/20. (psu1) (Entered: 08/28/2020)
2020-08-2835MEMORANDUM OPINION accompanying the final order issued separately this day. Signed by Judge Amit P. Mehta on 8/28/20.(psu1) (Entered: 08/28/2020)
2020-09-2436NOTICE OF APPEAL as to 34 Order on Motion for Summary Judgment by HOWARD BRYAN. Fee Status: IFP. Parties have been notified. "Let this be filed. Filing shall be treated as a notice of appeal of the court's final Order of August 28, 2020, ECF No. 34" Signed by Judge Amit P. Mehta on 09/24/2020. (eg) (Entered: 09/25/2020)
2020-09-2537Transmission of the Notice of Appeal, Order Appealed (Memorandum Opinion), and Docket Sheet to US Court of Appeals. The fee was not paid because it was filed in forma pauperis re 36 Notice of Appeal,. (eg) (Entered: 09/25/2020)
2020-09-29USCA Case Number 20-5294 for 36 Notice of Appeal, filed by HOWARD BRYAN. (zrdj) (Entered: 09/29/2020)
2020-10-2238NOTICE OF APPEAL as to 34 Order on Motion for Summary Judgment by HOWARD BRYAN. Fee Status: IFP. Parties have been notified. "Let this be filed" Signed by Judge Amit P. Mehta on 10/22/2020. (eg) (Entered: 10/23/2020)
2020-10-2339Transmission of the Notice of Appeal, Order Appealed (Memorandum Opinion), and Docket Sheet to US Court of Appeals. The fee was not paid because it was filed in forma pauperis re 38 Notice of Appeal. (eg) (Entered: 10/23/2020)
2020-11-0640ORDER of USCA as to 36 Notice of Appeal, filed by HOWARD BRYAN, 38 Notice of Appeal filed by HOWARD BRYAN; ORDERED that the motion to appeal in forma pauperis be referred to the district court for resolution in the first instance. FURTHER ORDERED that this case be held in abeyance pending further order of the court. USCA Case Number 20-5294. (zmd) (Entered: 11/06/2020)
2020-11-0641MOTION for Leave to Proceed on Appeal in forma pauperis by HOWARD BRYAN. (zmd) (Entered: 11/06/2020)
2020-11-09MINUTE ORDER. Plaintiff's motion 41 to appeal in forma pauperis is granted. The Clerk shall transmit this order promptly to the Court of Appeals. Signed by Judge Amit P. Mehta on 11/9/20.(psu1) (Entered: 11/09/2020)
2020-11-0942Supplemental Record on Appeal transmitted to US Court of Appeals re Order on Motion for Leave to Appeal in forma pauperis ;USCA Case Number 20-5294. (eg) (Entered: 11/09/2020)
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