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Case TitleBerk v. Department of Homeland Security
DistrictNorthern District of Texas
CityDallas
Case Number3:2018cv01350
Date Filed2018-05-29
Date Closed2018-08-07
JudgeChief Judge Barbara M.G. Lynn
PlaintiffMichael Berk
Case DescriptionMichael Berk, a federal prisoner, submitted a FOIA request to the U.S. Secret Service for records concerning his conviction. The agency acknowledged receipt of the request, but after hearing nothing further from the agency, Berk filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantDepartment of Homeland Security
Documents
Docket
Complaint
Complaint attachment 1
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2018-05-291COMPLAINT FOR INJUNCTIVE RELIEF against Department of Homeland Security filed by Michael Berk. (Filer fee note- IFP motion in complaint or to be filed) Clerk to issue summons(es). In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the Judges Copy Requirements is provided. The court reminds the filer that any required copy of this and future documents must be delivered to the judge, in the manner prescribed, within three business days of filing. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: Attorney Information - Bar Membership . If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Attachments: # 1 Exhibit(s)) (Van Cleave, Chad) Modified text on 5/29/2018 (ykp). (Entered: 05/29/2018)
2018-05-292CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Michael Berk. (Van Cleave, Chad) (Entered: 05/29/2018)
2018-05-293New Case Notes: A filing fee has not been paid. SCREEN case referral set and case referred to Magistrate Judge Horan (see Special Order 3). Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge (Judge Horan). Clerk to provide copy to plaintiff if not received electronically. (ykp) (Entered: 05/29/2018)
2018-05-304NOTICE OF DEFICIENCY AND ORDER: Michael Berk must address the following deficiency: Berk has neither paid the statutory filing fee of $400.00 nor moved for leave to proceed in forma pauperis. Failure to comply with this order may lead to dismissal for failure to prosecute pursuant to FRCvP 41(b). Deadline to cure the deficiency is 6/29/2018. (Ordered by Magistrate Judge David L. Horan on 5/30/2018) (Attachments: # 1 IFP Motion) (ykp) (Entered: 05/30/2018)
2018-06-265MOTION for Leave to Proceed in forma pauperis with certificate of trust account filed by Michael Berk (Van Cleave, Chad) (Entered: 06/26/2018)
2018-06-276PLRA FILING FEE ORDER: Plaintiff is GRANTED 5 leave to proceed under 28 U.S.C. § 1915. (Ordered by Magistrate Judge David L. Horan on 6/27/2018) (sss) (Entered: 06/27/2018)
2018-06-277SECOND NOTICE OF DEFICIENCY AND ORDER: Michael Berk must address the following deficiency: Plaintiff's failure to provide an address at which DHS may be served prevents the Court from issuing process as to, and serving, this defendant at this time. Failure to comply with this order may lead to dismissal for failure to prosecute pursuant to FRCvP 41(b). Deadline to cure the deficiency is 7/11/2018. (Ordered by Magistrate Judge David L. Horan on 6/27/2018) (sss) (Entered: 06/27/2018)
2018-07-068NOTICE of Address for Service of Process on DHS re: 7 Order And Notice of Deficiency, filed by Michael Berk (Van Cleave, Chad) (Entered: 07/06/2018)
2018-08-079ORDER: The above-captioned cases are CONSOLIDATED. All future pleadings, motions, and other papers in these cases shall be filed under case number 3:18-cv-1349-M-BK. (Ordered by Chief Judge Barbara M.G. Lynn on 8/7/2018) (sss) (Entered: 08/08/2018)
2018-08-07Case Reassigned to Magistrate Judge Renee Harris Toliver. Magistrate Judge David L. Horan no longer assigned to the case. Per Order of consolidation at docket 9 . (cea) (Entered: 08/08/2018)
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by FOIA Project Staff
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