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Case TitleWattleton v. U.S. Department of Justice
DistrictNorthern District of Georgia
CityAtlanta
Case Number1:2020cv02752
Date Filed2020-06-29
Date Closed2021-07-29
JudgeJudge Thomas W. Thrash, Jr
PlaintiffDavid Earl Wattleton
Case DescriptionDavid Wattleton, a federal prisoner, submitted a request to the Department of Justice for the psychiatric assessment of him performed during his criminal trial. After hearing nothing further from the agency, Wattleton filed suit. This is a Privacy Act request rather than a FOIA request.
Complaint issues: Failure to respond within statutory time limit

DefendantU.S. Department of Justice
Documents
Docket
Complaint
Complaint attachment 1
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2020-06-291COMPLAINT filed by David Earl Wattleton. (Attachments: # 1 Civil Cover Sheet)(eop) Please visit our website at http://www.gand.uscourts.gov/commonly-used-forms to obtain Pretrial Instructions and Pretrial Associated Forms which includes the Consent To Proceed Before U.S. Magistrate form. (Entered: 07/01/2020)
2020-06-293DOCUMENT FILED IN ERROR (duplicate filing) COMPLAINT for Mandamus Relief filed by David Earl Wattleton. (Attachments: # 1 Civil Cover Sheet) (jpk) Please visit our website at http://www.gand.uscourts.gov/commonly-used-forms to obtain Pretrial Instructions and Pretrial Associated Forms which includes the Consent To Proceed Before U.S. Magistrate form. Modified on 7/1/2020 to edit text (jpk). (Entered: 07/01/2020)
2020-07-012FOURTH AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONA VIRUS. Signed by Judge Thomas W. Thrash, Jr. on 7/1/20. (eop) (Entered: 07/01/2020)
2020-07-01Clerk's Certificate of Mailing as to David Earl Wattleton re 2 Order. (eop) (Entered: 07/01/2020)
2020-07-01Submission of 1 Complaint to Magistrate Judge Linda T. Walker for IFP review. (jpk) (Entered: 07/01/2020)
2020-07-02Clerk's Certificate of Mailing as to David Earl Wattleton re 2 Order. (kt) (Entered: 07/02/2020)
2020-07-074WITHDRAWN PER THE 15 ORDER ORDER: The Clerk is DIRECTED to re-designate this action as a non-prisoner case and to terminate the referral to the Magistrate Judge pursuant to Standing Order No. 14-01. Signed by Magistrate Judge Linda T. Walker on 7/7/2020. (bnp) Modified on 4/23/2021 (ah). (Entered: 07/07/2020)
2020-07-07Case no longer referred to Magistrate Judge Linda T. Walker. (bnp) (Entered: 07/07/2020)
2020-07-07Clerk's Certificate of Mailing as to David Earl Wattleton re 4 Order. (bnp) (Entered: 07/07/2020)
2020-07-075ORDER: Plaintiff must, within THIRTY (30) DAYS of the date of the entry date of this order, either submit the full filing and administrative fee of $400.00, or execute and return a financial affidavit seeking leave to proceed in forma pauperis. The Clerk of the Court is DIRECTED to forward the appropriate financial affidavit to plaintiff, together with a copy of this Order. Signed by Magistrate Judge Linda T. Walker on 7/7/2020. (bnp) (Entered: 07/08/2020)
2020-07-08Clerk's Certificate of Mailing as to David Earl Wattleton re 5 Order and IFP form. (bnp) (Entered: 07/08/2020)
2020-07-136FIFTH AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONAVIRUS. Signed by Judge Thomas W. Thrash, Jr. on 7/10/2020 (mmc) (ADI) (Entered: 07/13/2020)
2020-07-14Clerk's Certificate of Mailing as to David Earl Wattleton RE: 6 Fifth Admin Order. (aaq) (Entered: 07/14/2020)
2020-07-207APPLICATION for Leave to Proceed in forma pauperis by David Earl Wattleton. (bnp) (Entered: 07/21/2020)
2020-07-21Submission of 5 Order, 7 APPLICATION for Leave to Proceed in forma pauperis to Magistrate Judge Linda T. Walker. (bnp) (Entered: 07/21/2020)
2020-07-228ORDER GRANTING In Forma Pauperis, pursuant to 28 U.S.C. § 1915(a). However, Service of Process shall not issue at present time and the Clerk shall submit this file to the assigned District Judge for a frivolity determination under 28 U.S.C. § 1915(e)(2). Signed by Magistrate Judge Linda T. Walker on 7/22/2020. (kt) (Entered: 07/22/2020)
2020-07-22Submission of 8 Order ruling on IFP. (kt) (Entered: 07/22/2020)
2020-07-22Clerk's Certificate of Mailing as to David Earl Wattleton re 8 Order ruling on IFP, Order that Service of Process shall not issue at present time. (kt) (Entered: 07/22/2020)
2020-08-049SIXTH AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONAVIRUS. Signed by Judge Thomas W. Thrash, Jr. on 08/03/2020. (dgs) (ADI) (Entered: 08/04/2020)
2020-08-05Clerk's Certificate of Mailing as to David Earl Wattleton re 9 Sixth Amended Order. (kt) (Entered: 08/05/2020)
2020-09-0210SEVENTH AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONAVIRUS. Signed by Judge Thomas W. Thrash, Jr. on 9/1/2020. (ddm) (ADI) (Entered: 09/02/2020)
2020-09-03Clerk's Certificate of Mailing as to David Earl Wattleton re 10 Notice (Other). (adg) (Entered: 09/03/2020)
2020-09-2911EIGHTH AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID19 AND RELATED CORONA VIRUS. Signed by Judge Thomas W. Thrash, Jr. on 09/28/2020. (adg) (ADI) (Entered: 09/29/2020)
2020-09-30Clerk's Certificate of Mailing as to David Earl Wattleton re 11 Notice (Other). (kt) (Entered: 09/30/2020)
2020-12-0912NINTH AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONAVIRUS. Signed by Judge Thomas W. Thrash, Jr. on 12/08/2020. (aaq) (ADI) (Entered: 12/09/2020)
2020-12-11Clerk's Certificate of Mailing as to David Earl Wattleton re 12 Notice (Other). (bdb) (Entered: 12/11/2020)
2021-01-2813TENTH AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONAVIRUS. Signed by Judge Thomas W. Thrash, Jr. on 01/27/2021. (ddm) (ADI) (Entered: 01/28/2021)
2021-01-29Clerk's Certificate of Mailing as to David Earl Wattleton re 13 Notice (Other). (kt) (Entered: 01/29/2021)
2021-03-1014ELEVENTH AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONAVIRUS. Signed by Judge Thomas W. Thrash, Jr. on 03/09/2021 (mmc) (ADI) (Entered: 03/10/2021)
2021-03-11Clerk's Certificate of Mailing as to David Earl Wattleton re 14 Notice (Other). (ah) (Entered: 03/11/2021)
2021-04-2215ORDER REFERRING CASE to Magistrate Judge Linda T. Walker. The Courts July 7, 2020, order re-designating this action as a non-prisoner case and terminating the referral to the Magistrate Judge is hereby WITHDRAWN. Signed by Magistrate Judge Linda T. Walker on 4/22/2021. (ah) (Entered: 04/23/2021)
2021-04-23Clerk's Certificate of Mailing as to David Earl Wattleton re 15 Order Referring Case to Magistrate Judge. (ah) (Entered: 04/23/2021)
2021-04-2616ORDER: Plaintiff MUST supplement his complaint within TWENTY-ONE (21) DAYS of the date of this order by filing a written response with the Clerk of Court stating whether he previously submitted a request to the DOJ for a copy of the evaluation, the date of any such request, and whether the DOJ has responded to his request. The Clerk is hereby DIRECTED to resubmit this action to the undersigned Magistrate Judge upon receipt of plaintiffs supplement or at the expiration of the time period noted above. Signed by Magistrate Judge Linda T. Walker on 4/26/2021. (ah) (Entered: 04/27/2021)
2021-04-27Clerk's Certificate of Mailing as to David Earl Wattleton re 16 Order (ah) (Entered: 04/27/2021)
2021-05-20Submission of 16 Order, to Magistrate Judge Linda T. Walker. (ah) (Entered: 05/20/2021)
2021-05-2517ORDER TO SHOW CAUSE. Plaintiff is ORDERED to show cause why this action should not be DISMISSED by filing a written response with the Clerk of Court within FOURTEEN (14) DAYS of the date of this order. The Clerk is hereby DIRECTED to resubmit this action to the undersigned Magistrate Judge seventeen (17) days from the entry date of this order. Signed by Magistrate Judge Linda T. Walker on 5/25/2021. (ah) (Entered: 05/26/2021)
2021-05-27Clerk's Certificate of Mailing as to David Earl Wattleton re 17 Order to Show Cause. (rvb) (Entered: 05/27/2021)
2021-06-16Submission of 17 Order to Show Cause, to Magistrate Judge Linda T. Walker. (ah) (Entered: 06/16/2021)
2021-06-3018FINAL REPORT AND RECOMMENDATION. The undersigned RECOMMENDS that this action be DISMISSED WITHOUT PREJUDICE for plaintiffs failure to comply with lawful orders of the Court. The Clerk is DIRECTED to terminate the referral to the Magistrate Judge. Signed by Magistrate Judge Linda T. Walker on 6/30/2021. (ah) (Entered: 06/30/2021)
2021-06-3019ORDER for Service of 18 Final Report and Recommendation, by Magistrate Judge Linda T. Walker. Each party may file written objections to the Report & Recommendation within 14 days of service. If no objections are filed, the Report & Recommendation may be adopted as the opinion and order of the District Court. Signed by Magistrate Judge Linda T. Walker on 6/30/2021. (ah) (Entered: 06/30/2021)
2021-06-30Clerk's Certificate of Mailing as to David Earl Wattleton re 19 Order for Service of Report and Recommendation,. (ah) (Entered: 06/30/2021)
2021-07-01Clerk's Certificate of Mailing as to David Earl Wattleton re 18 FINAL REPORT AND RECOMMENDATION re 1 Complaint, filed by David Earl Wattleton. (ah) (Entered: 07/01/2021)
2021-07-28Submission of 18 FINAL REPORT AND RECOMMENDATION re 1 Complaint, filed by David Earl Wattleton, to District Judge Thomas W. Thrash Jr.. (ah) (Entered: 07/28/2021)
2021-07-2920ORDER adopting 18 Final Report and Recommendation. This action is DISMISSED. Signed by Judge Thomas W. Thrash, Jr. on 7/29/2021. (ah) (Entered: 07/30/2021)
2021-07-29Civil Case Terminated. (ah) (Entered: 07/30/2021)
2021-07-3021CLERK'S JUDGMENT dismissing this action. (ah)--Please refer to http://www.ca11.uscourts.gov to obtain an appeals jurisdiction checklist-- (Entered: 07/30/2021)
2021-07-30Clerk's Certificate of Mailing as to David Earl Wattleton re 21 Clerk's Judgment, 20 Order on Final Report and Recommendation. (ah) (Entered: 07/30/2021)
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by FOIA Project Staff
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