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Case TitleGasaway v. Williams et al
DistrictNorthern District of New York
CitySyracuse Plattsburgh
Case Number8:2011cv00549
Date Filed2011-05-16
Date Closed2012-01-30
JudgeJudge Glenn T. Suddaby
PlaintiffEdmon Gasaway
also known as Edmond Gasaway
DefendantBenard Williams Special Agent for Treasury Inspector General for Tax Administration
DefendantRandy Silvis Special Agent for Treasury Inspector General for Tax Administration
Documents
Docket
Complaint
Complaint attachment 1
Opinion/Order [6]
Opinion/Order [10]
Opinion/Order [11]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2011-05-161COMPLAINT: Request for Judicial Review of Agency's Actions - FOIA Request filed by Edmond Gasaway. (Attachments: # 1 Cover Letter)(alh, ) Modified on 6/1/2011 to correct name of document (lmw). (Entered: 05/16/2011)
2011-05-17TEXT ORDER directing the Clerk of the Court to (1) amend the docket of this action to reflect the fact that the nature of the suit is one seeking information under the Freedom of Information Act, 5 U.S.C. § 552, and (2) to randomly assign this action to a United States Magistrate Judge of this District. Upon review of the petition and cover letter recently submitted by Edmond Gasaway (see Dkt. No. 1 and attachment thereto), the undersigned has determined that this action was mistakenly opened as a habeas corpus proceeding pursuant to 28 U.S.C. § 2241. Instead, this action appears to be brought pursuant to 5 U.S.C. § 552. Authorized by Judge Glenn T. Suddaby on 5/17/11. (tgs/alh) (Text Order served on petitioner by regular mail) (Entered: 05/17/2011)
2011-05-17Magistrate Judge Randolph F. Treece added by random assignment per Text Order dated 5/17/11. (alh, ) (Entered: 05/17/2011)
2011-05-202ORDER DIRECTING A CURRENT IN FORMA PAUPERIS APPLICATION AND AUTHORIZATION FORM as to Edmond Gasaway: In order for your complaint to proceed, you must submit to the Court within 30 days of this notice, either the appropriate filing fee ($350.00) or both an executed application and an executed authorization form reflecting the current $350.00 filing fee. Your failure to submit either the filing fee or the application and authorization form within 30 days of this notice may result in the dismissal of your action. Notice of Compliance Deadline 6/20/2011 Case Review Deadline 7/19/2011. Signed by Magistrate Judge Randolph F. Treece on 5/20/11. (Order served on plaintiff by regular mail)(alh, ) (Entered: 05/20/2011)
2011-05-313Letter from Edmon Gasaway requesting clarification and a copy of the docket. {Courtesy copy of the docket and # 2 Order sent by regular mail} (mae) (Entered: 06/01/2011)
2011-06-164MOTION for Leave to Proceed in forma pauperis filed by Edmon Gasaway. (Attachments: # 1 Exhibit - 5/20/2011 Order, # 2 Mailing Envelope) Motions referred to Randolph F. Treece. (mae) (Entered: 06/17/2011)
2011-06-165INMATE AUTHORIZATION FORM by Edmon Gasaway. (Attachment: # 1 Bonded Promissory Note) (mae) (Entered: 06/17/2011)
2011-07-216REPORT-RECOMMENDATION AND ORDER : IT IS HEREBY ORDERED, that plaintiff's in forma pauperis application (Dkt. 4) is GRANTED; and it is further RECOMMENDED, that pursuant to the Court's review under 28 USC 1915 and 1915A plaintiff's complaint be dismissed for failure to state a claim; and it is further RECOMMENDED, that alternatively, in light of his pro se status, prior to dismissing plaintiff's complaint in its entirety, plaintiff be provided an opportunity to amend his complaint to expand upon the facts that would support his claim for entitlement to relief; and it is further ORDERED, that the Clerk serve a copy of this Report-Recommendation and Order on Plaintiff by regular mail. Signed by Magistrate Judge Randolph F. Treece on 7/21/2011. (A copy of this Report-Recommendation and Order sent to pro se plaintiff via regular mail) (sg ) Modified event type on 8/1/2011. (mae) (Entered: 07/22/2011)
2011-07-22Notice of Compliance Deadline: 8/5/2011 -plaintiff's objections to Report-Recommendation and Order due.(sg ) (Entered: 07/22/2011)
2011-08-017MOTION for Extension of Time to Object to the # 6 Report-Recommendation filed by Edmon Gasaway. (Attachment: # 1 Mailing Envelope) Motions referred to Randolph F. Treece. (mae) (Entered: 08/01/2011)
2011-08-158OBJECTIONS to the # 6 Report and Recommendations, entitled "Amendment to Complaint", filed by Edmon Gasaway. (Attachment: # 1 Mailing Envelope) (mae) (Entered: 08/16/2011)
2011-08-16TEXT ORDER granting Plaintiff's # 7 Motion for Extension of Time to file objections to the # 6 Report-Recommendation until 8/30/11. Authorized by Judge Glenn T. Suddaby on 8/15/11. (lmw) (Entered: 08/16/2011)
2011-12-279LETTER: From Edmon Gasaway regarding the status of this action. (Attachment: # 1 Mailing Envelope) {Courtesy copy of case docket sent to pro se plaintiff via regular mail} (mae) (Entered: 12/29/2011)
2012-01-3010MEMORANDUM-DECISION and ORDER: It is ORDERED that the # 6 Report-Recommendation is ACCEPTED and ADOPTED as modified by this Decision and Order; Plaintiff's # 8 Amended Complaint is sua sponte DISMISSED in its entirety with prejudice; and the Clerks Office is directed to close this action. It is further ORDERED that plaintiff show cause, within 30 days, as to why this Court should not issue an Order barring him from filing any future pro se actions in this Court without first obtaining leave of the Court. If Plaintiff fails to show such cause, he will be prohibited from filing, in this Court, any action pro se without prior leave of the Court, pursuant to 28 U.S.C. § 1651(a) and the Court's inherent authority to control and manage its own docket so as to prevent abuse in its proceedings. The Court certifies, for purposes of 28 U.S.C. § 1915(a)(3), that any appeal taken from this Decision and Order would not be taken in good faith. Signed by Judge Glenn T. Suddaby on 1/30/2012. {Copy served upon pro se plaintiff via regular and certified mail # 9171 9690 0935 0009 0205 56} (mae) (Entered: 01/30/2012)
2012-01-3011JUDGMENT: Entered in favor of Benard Williams and Randy Silvis, against Edmon Gasaway. {Copy served upon pro se plaintiff via regular and certified mail # 9171 9690 0935 0009 0205 56} (mae) (Entered: 01/30/2012)
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by FOIA Project Staff
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