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Case TitleMAYS v. FEDERAL BUREAU OF PRISONS et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2020cv02197
Date Filed2020-08-10
Date ClosedOpen
JudgeJudge Colleen Kollar-Kotelly
PlaintiffJOSEPH RANDOLPH MAYS
Case DescriptionJoseph Mays, a federal prisoner, submitted a FOIA request to the Bureau of Prisons for records concerning his treatment at FCI Butner. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Mays filed suit.
Complaint issues: Failure to respond within statutory time limit

DefendantFEDERAL BUREAU OF PRISONS
DefendantOFFICE OF INFORMATION POLICY U.S. Department of Justice
Documents
Docket
Complaint
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2020-08-10Initiating Pleading & IFP Application Received on 08/10/2020. A copy of the docket sheet has been mailed to the address of record for the pro se party. (zsb) (Entered: 08/12/2020)
2020-08-101COMPLAINT against FEDERAL BUREAU OF PRISONS, OFFICE OF INFORMATION POLICY filed by JOSEPH RANDOLPH MAYS.(zsb) (Entered: 08/12/2020)
2020-08-102MOTION for Leave to Proceed in forma pauperis by JOSEPH RANDOLPH MAYS (zsb) (Entered: 08/12/2020)
2020-08-103MOTION to Compel by JOSEPH RANDOLPH MAYS (zsb) (Entered: 08/12/2020)
2020-08-124PRO 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. Pro Se party has been notified by first class mail. Signed by Judge Colleen Kollar-Kotelly on 08/12/2020. (zsb) (Entered: 08/12/2020)
2020-09-035MOTION for Extension of Time to File by JOSEPH RANDOLPH MAYS (zsb) (Entered: 09/10/2020)
2020-09-186MOTION to Amend/Correct 1 Complaint by JOSEPH RANDOLPH MAYS (Attachments: # 1 Amended Complaint, # 2 Exhibit)(zsb) (Entered: 09/24/2020)
2020-09-187MOTION for Leave to Proceed in forma pauperis by JOSEPH RANDOLPH MAYS (zsb) (Entered: 09/24/2020)
2020-09-188PRISONER TRUST FUND ACCOUNT STATEMENT for period of six months by JOSEPH RANDOLPH MAYS (zsb) (Entered: 09/24/2020)
2020-09-24MINUTE ORDER. Plaintiff's motion 5 to enlarge the time to comply with the August 12, 2020 Order is GRANTED. Plaintiff shall submit the requisite financial information within 30 days from the filing date of this order, or risk dismissal of the case without prejudice. SO ORDERED. Signed by Judge Rudolph Contreras on 9/24/20.(psu1) (Entered: 09/24/2020)
2020-09-249ORDER directing an initial partial filing fee in the amount of $16.08 from Prison Account of JOSEPH RANDOLPH MAYS 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 Rudolph Contreras on 09/24/2020. (zsb) (Entered: 09/25/2020)
2020-09-2410ORDER denying 3 Motion to Compel; granting 6 Motion to Amend/Correct. Signed by Judge Rudolph Contreras on 09/24/2020. (zsb) (Entered: 09/25/2020)
2020-09-2411AMENDED COMPLAINT against FEDERAL BUREAU OF PRISONS, OFFICE OF INFORMATION POLICY with Jury Demand filed by JOSEPH RANDOLPH MAYS. (Attachment: # 1 Exhibit)(zsb) (Entered: 09/25/2020)
2020-09-25Case Assigned to Judge Colleen Kollar-Kotelly. (zsb) (Entered: 09/25/2020)
2020-10-0712ORDER ESTABLISHING PROCEDURES FOR CASES ASSIGNED TO JUDGE COLLEEN KOLLAR-KOTELLY. Signed by Judge Colleen Kollar-Kotelly on 10/7/2020. (DM) (Entered: 10/07/2020)
2020-10-2213SUMMONS (4) Issued as to FEDERAL BUREAU OF PRISONS, OFFICE OF INFORMATION POLICY, U.S. Attorney and U.S. Attorney General (zsb) (Entered: 10/22/2020)
2020-11-0214RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 10/30/2020., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 10/30/2020. ( Answer due for ALL FEDERAL DEFENDANTS by 11/29/2020.) (ztd) (Entered: 11/03/2020)
2020-11-0215Summons Returned Unexecuted as to FEDERAL BUREAU OF PRISONS. (ztd) (Entered: 11/03/2020)
2020-11-0616NOTICE of Appearance by Benton Gregory Peterson on behalf of FEDERAL BUREAU OF PRISONS, OFFICE OF INFORMATION POLICY (Peterson, Benton) (Entered: 11/06/2020)
2020-11-3017ANSWER to 11 Amended Complaint by FEDERAL BUREAU OF PRISONS, OFFICE OF INFORMATION POLICY.(Peterson, Benton) (Entered: 11/30/2020)
2020-12-0318Summons Returned Unexecuted as to OFFICE OF INFORMATION POLICY. (ztd) (Entered: 12/08/2020)
2020-12-1819STATUS REPORT by FEDERAL BUREAU OF PRISONS, OFFICE OF INFORMATION POLICY. (Attachments: # 1 Text of Proposed Order, # 2 Certificate of Service)(Peterson, Benton) (Entered: 12/18/2020)
2020-12-1820NOTICE OF SUBSTITUTION OF COUNSEL by Thomas Duffey on behalf of All Defendants Substituting for attorney Benton Peterson (Duffey, Thomas) (Entered: 12/18/2020)
2021-01-04MINUTE ORDER. Based upon 19 Defendants' Status Report and Proposed Schedule, the parties shall adhere to the following deadlines. Defendants' motion for summary judgment is due on or before February 15, 2021; Plaintiff's opposition is due on or before March 26, 2021; and Defendants' reply, if needed, is due on or before April 9, 2021. SO ORDERED. Signed by Judge Colleen Kollar-Kotelly on 1/4/2021.(psu1) (Entered: 01/04/2021)
2021-01-04Set/Reset Deadlines: Defendants' Summary Judgment Motion due by 2/15/2021. Response to Motion for Summary Judgment due by 3/26/2021. Reply to Motion for Summary Judgment due by 4/9/2021. (dot) (Entered: 01/08/2021)
2021-02-0821MOTION for Extension of Time to File Motion for Summary Judgment by FEDERAL BUREAU OF PRISONS, OFFICE OF INFORMATION POLICY. (Duffey, Thomas) Modified event on 2/9/2021 (ztd). (Entered: 02/08/2021)
2021-03-01MINUTE ORDER. Defendants' motion 21 to enlarge the time to March 19, 2021, to file their motion for summary judgment is GRANTED. Contrary to counsel's misstatement about other deadlines, Mot. para. 6, the deadlines set forth in the Minute Order of January 4, 2021, are hereby suspended. SO ORDERED. Signed by Judge Colleen Kollar-Kotelly on 3/1/2021.(psu1) (Entered: 03/01/2021)
2021-03-01Set/Reset Deadlines: Defendants' Summary Judgment Motion due by 3/19/2021. (dot) (Entered: 03/01/2021)
2021-03-1922MOTION for Summary Judgment by FEDERAL BUREAU OF PRISONS, OFFICE OF INFORMATION POLICY. (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Declaration, # 4 Exhibit Exhibits to Declaration, # 5 Exhibit Exhibit 1 Vaughn Index, # 6 Certificate of Service)(Duffey, Thomas) (Entered: 03/19/2021)
2021-03-2523Order advising plaintiff to respond by May 7, 2021, to defendants' motion for summary judgment or risk entry of judgment in defendants' favor and dismissal of the case (see document for details). Signed by Judge Colleen Kollar-Kotelly on 3/25/2021.(psu1) (Entered: 03/25/2021)
2021-03-25Set/Reset Deadlines: Plaintiff's Response to 22 Motion for Summary Judgment due by 5/7/2021. (dot) (Entered: 03/25/2021)
2021-05-1924MOTION for Extension of Time to File Response/Reply as to 22 MOTION for Summary Judgment by JOSEPH RANDOLPH MAYS. (ztth) (Entered: 05/21/2021)
2021-06-01MINUTE ORDER. Plaintiff's motion 24 for an enlargement of time to respond to defendants' motion for summary judgment is GRANTED nunc pro tunc . Plaintiff shall file his response on or before July 2, 2021, or, as previously warned, risk entry of judgment in defendants' favor and dismissal of the case. SO ORDERED. Signed by Judge Colleen Kollar-Kotelly on 6/1/2021. (psu1) (Entered: 06/01/2021)
2021-06-01Set/Reset Deadlines: Response to Motion for Summary Judgment due by 7/2/2021. (kt) (Entered: 06/01/2021)
2021-07-0725MOTION to Stay by JOSEPH RANDOLPH MAYS. (ztd) (Entered: 07/14/2021)
2021-07-27MINUTE ORDER STAYING CASE. Upon consideration of 25 plaintiff's motion to stay the proceedings, and finding good cause shown, the motion is granted as unopposed. Except for the following, this case is hereby stayed pending further order of the Court. On or before September 7, 2021, plaintiff shall file a status report and, if feasible, propose a date for lifting the stay. Plaintiff's failure to comply with this order within the time provided may result in dismissal of the case for failure to prosecute. See LCvR 83.23 SO ORDERED. Signed by Judge Colleen Kollar-Kotelly on 7/27/2021.(psu1) (Entered: 07/27/2021)
2021-09-1326STATUS REPORT by JOSEPH RANDOLPH MAYS. (ztd) (Entered: 09/17/2021)
2021-09-2127Memorandum in opposition to re 22 MOTION for Summary Judgment filed by JOSEPH RANDOLPH MAYS. (ztd) (Entered: 09/28/2021)
2021-09-2928MOTION for Extension of Time to File Response/Reply as to 22 MOTION for Summary Judgment with proposed order and certificate of service by FEDERAL BUREAU OF PRISONS, OFFICE OF INFORMATION POLICY. (Duffey, Thomas) (Entered: 09/29/2021)
2021-10-01MINUTE ORDER. Upon consideration of plaintiff's status report, and in light of the filing of his opposition, the stay is hereby lifted and defendant's motion 28 for an extension of time is GRANTED. As requested, defendants shall file a reply to plaintiff's opposition on or before October 29, 2021. SO ORDERED. Signed by Judge Colleen Kollar-Kotelly on 10/1/2021.(psu1) (Entered: 10/01/2021)
2021-10-2229NOTICE of Change of Address by JOSEPH RANDOLPH MAYS. (znmw) (Entered: 10/25/2021)
2021-10-2730MOTION for Extension of Time to File Response/Reply as to 22 MOTION for Summary Judgment with proposed order by FEDERAL BUREAU OF PRISONS, OFFICE OF INFORMATION POLICY. (Duffey, Thomas) (Entered: 10/27/2021)
2021-10-2731CERTIFICATE OF SERVICE by FEDERAL BUREAU OF PRISONS, OFFICE OF INFORMATION POLICY re 30 MOTION for Extension of Time to File Response/Reply as to 22 MOTION for Summary Judgment with proposed order . (Duffey, Thomas) (Entered: 10/27/2021)
2021-11-02MINUTE ORDER. Defendants' motion 30 for an extension of time is GRANTED. Defendants shall file their reply to Plaintiff's opposition to summary judgment on or before November 19, 2021. SO ORDERED. Signed by Judge Colleen Kollar-Kotelly on 11/2/2021.(psu1) (Entered: 11/02/2021)
2021-11-02Set/Reset Deadlines: Defendants' Reply to Motion for Summary Judgment due by 11/19/2021. (dot) (Entered: 11/02/2021)
2021-11-0832MOTION for Leave to File Response to Defendant's Request for an Extension of Time by JOSEPH RANDOLPH MAYS. (znmw) (Entered: 11/09/2021)
2021-11-0833SEALED MOTION FOR LEAVE TO FILE DOCUMENT UNDER SEAL filed by JOSEPH RANDOLPH MAYS. (This document is SEALED and only available to authorized persons.) (Attachments: # 1 Exhibit A)(znmw) (Entered: 11/09/2021)
2021-11-1934REPLY to opposition to motion re 22 MOTION for Summary Judgment filed by FEDERAL BUREAU OF PRISONS, OFFICE OF INFORMATION POLICY. (Duffey, Thomas) (Entered: 11/19/2021)
2021-12-01MINUTE ORDER granting 32 Plaintiff's Motion for Leave to File response to Defendants' motion for an enlargement of time, in which Plaintiff states that he has no objection to said request. SO ORDERED. Signed by Judge Colleen Kollar-Kotelly on 12/1/2021.(psu1) (Entered: 12/01/2021)
2021-12-1435MOTION for Leave to File Surreply by JOSEPH RANDOLPH MAYS. (znmw) (Entered: 12/15/2021)
2021-12-16MINUTE ORDER granting as unopposed 33 Plaintiff's Motion to seal the attached Exhibit A. SO ORDERED. Signed by Judge Colleen Kollar-Kotelly on 12/16/2021.(psu1) (Entered: 12/16/2021)
2021-12-1636SEALED DOCUMENT (Exhibit A) filed by JOSEPH RANDOLPH MAYS. (This document is SEALED and only available to authorized persons.)(znmw) (Entered: 12/17/2021)
2021-12-2037STATUS REPORT by JOSEPH RANDOLPH MAYS. (zjf) (Entered: 12/28/2021)
2022-09-26MINUTE ORDER granting as unopposed 35 Plaintiff's motion for leave to file the surreply comprising the motion. SO ORDERED. Signed by Judge Colleen Kollar-Kotelly on 9/26/2022. (psu1) (Entered: 09/26/2022)
2023-05-2338MEMORANDUM OPINION AND ORDER denying 22 Defendants' Motion for Summary Judgment; directing defendants to supplement the record by June 30, 2023 (see document for details). Signed by Judge Colleen Kollar-Kotelly on 5/23/2023. (psu1) (Entered: 05/23/2023)
2023-05-23Set/Reset Deadlines: Supplement the record due by 6/30/2023. (dot) (Entered: 05/25/2023)
2023-06-2639MOTION for Extension of Time to File with proposed order by FEDERAL BUREAU OF PRISONS, OFFICE OF INFORMATION POLICY. (Duffey, Thomas) (Entered: 06/26/2023)
2023-06-2840ORDER granting Defendants' 39 Motion for Extension of Time to File Motion for Summary Judgment. Motion due by 7/31/2023. A copy of this Order shall be mailed by the Clerk's Office to the Plaintiff. Signed by Judge Colleen Kollar-Kotelly on 6/28/23. (DM) (Entered: 06/28/2023)
2023-07-2542NOTICE of Change of Address by JOSEPH RANDOLPH MAYS (Attachments: # 1 Exhibit, # 2 Certificate of Service)(zjm) (Entered: 07/31/2023)
2023-07-2641MOTION for Extension of Time to File with proposed order by FEDERAL BUREAU OF PRISONS, OFFICE OF INFORMATION POLICY. (Duffey, Thomas) (Entered: 07/26/2023)
2023-08-1743MOTION for Extension of Time to File Renewed Motion for Summary Judgment by FEDERAL BUREAU OF PRISONS, OFFICE OF INFORMATION POLICY. (Duffey, Thomas) (Entered: 08/17/2023)
2023-08-23MINUTE ORDER granting nunc pro tunc 41 Defendants' Motion for an Extension of Time to August 18, 2023, to file their renewed motion for summary judgment. Signed by Judge Colleen Kollar-Kotelly on 8/23/2023. (psu1) (Entered: 08/23/2023)
2023-09-04MINUTE ORDER granting 43 Defendants' Motion for an Extension of Time to September 29, 2023, to file their renewed motion for summary judgment. Signed by Judge Colleen Kollar-Kotelly on 9/4/2023. (psu1) (Entered: 09/04/2023)
2023-09-04Set/Reset Deadlines: Defendants' Renewed Summary Judgment Motion due by 9/29/2023. (dot) (Entered: 09/19/2023)
2023-09-2844MOTION for Extension of Time to File Renewed motion for summary judgment with proposed order by FEDERAL BUREAU OF PRISONS, OFFICE OF INFORMATION POLICY. (Duffey, Thomas) (Entered: 09/28/2023)
2023-10-03MINUTE ORDER. Defendants' motion 44 for an enlargement of time to October 27, 2023, to file their renewed summary judgment motion is GRANTED. Signed by Judge Colleen Kollar-Kotelly on 10/3/2023. (psu1) (Entered: 10/03/2023)
2023-10-03Set/Reset Deadlines: Defendants' Renewed Summary Judgment Motion due by 10/27/2023. (dot) (Entered: 10/03/2023)
2023-10-1045Memorandum in opposition to re 44 Motion for Extension of Time to File filed by JOSEPH RANDOLPH MAYS. (Attachments: # 1 Exhibits, # 2 Certificate of Service)(zjm) (Entered: 10/13/2023)
2023-10-2746MOTION for Summary Judgment by FEDERAL BUREAU OF PRISONS, OFFICE OF INFORMATION POLICY. (Attachments: # 1 Declaration Forbes, # 2 Exhibit A-Q, # 3 Statement of Facts)(Duffey, Thomas) (Entered: 10/27/2023)
2023-10-3047Order advising plaintiff to respond by December 5, 2023, to defendants' renewed motion for summary judgment or risk entry of judgment in favor of the defendants and dismissal of the case (see document for details). Signed by Judge Colleen Kollar-Kotelly on 10/30/2023. (psu1) (Entered: 10/30/2023)
2023-10-30Set/Reset Deadlines: Plaintiff to respond to defendants' renewed motion for summary judgment by 12/5/2023. (dot) (Entered: 11/02/2023)
2023-11-2848NOTICE re 46 Re: Re-service of Renewed Motion for Summary Judgment by FEDERAL BUREAU OF PRISONS, OFFICE OF INFORMATION POLICY (Duffey, Thomas) Modified to add link on 11/29/2023 (znmw). (Entered: 11/28/2023)
2023-11-2849ERRATA by FEDERAL BUREAU OF PRISONS, OFFICE OF INFORMATION POLICY re 48 Notice (Other). (Duffey, Thomas) (Entered: 11/28/2023)
2024-01-2950Memorandum in opposition to re 46 Motion for Summary Judgment filed by JOSEPH RANDOLPH MAYS. (Attachment: # 1 Exhibits)(zjm) (Entered: 02/02/2024)
2024-02-0951REPLY to opposition to motion re 46 MOTION for Summary Judgment filed by FEDERAL BUREAU OF PRISONS, OFFICE OF INFORMATION POLICY. (Duffey, Thomas) (Entered: 02/09/2024)
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