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Case TitleNICHOLS v. OFFICE OF GENERAL COUNSEL et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2011cv01357
Date Filed2011-07-26
Date Closed2013-09-25
JudgeJudge Robert L. Wilkins
PlaintiffNYRON NICHOLS
DefendantOFFICE OF GENERAL COUNSEL
DefendantBUREAU OF ATF Disclosure Division
DefendantEXECUTIVE OFFICE FOR THE U.S. ATTORNEYS
AppealD.C. Circuit 13-5373
Documents
Docket
Complaint
Complaint attachment 1
Opinion/Order [40]
FOIA Project Annotation: Judge Robert Wilkins ruled that the Bureau of Alcohol, Tobacco and Firearms had conducted an adequate search for records concerning Nyron Nichols' criminal case.
Issues: Adequacy - Search
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2011-07-261COMPLAINT against BUREAU OF ATF, EXECUTIVE OFFICE FOR THE UNITED STATES ATTORNEYS, OFFICE OF GENERAL COUNSEL (Filing fee $ 0.00) filed by NYRON NICHOLS. (Attachments: # 1 Civil Cover Sheet)(rdj) (Entered: 07/27/2011)
2011-07-262MOTION for Leave to Proceed in forma pauperis by NYRON NICHOLS (rdj) (Entered: 07/27/2011)
2011-07-263PRISONER TRUST FUND ACCOUNT STATEMENT for period of six months by NYRON NICHOLS (rdj) (Entered: 07/27/2011)
2011-07-264ORDER directing an initial partial filing fee in the amount of $33.37 be made from Prison Account of NYRON NICHOLS ; further ordered, granting 2 MOTION for Leave to Proceed in forma pauperis(See Order for full details). Signed by Judge Colleen Kollar-Kotelly on 7/22/2011. (rdj) (Entered: 07/27/2011)
2011-07-26SUMMONS (5) Issued as to BUREAU OF ATF, EXECUTIVE OFFICE FOR THE UNITED STATES ATTORNEYS, OFFICE OF GENERAL COUNSEL, U.S. Attorney and U.S. Attorney General (rdj) (Entered: 07/27/2011)
2011-07-295RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 07/28/2011. (rdj) (Entered: 08/01/2011)
2011-07-296RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. OFFICE OF GENERAL COUNSEL served on 7/28/2011 (rdj) (Entered: 08/01/2011)
2011-07-297RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 7/28/2011. Answer due for ALL FEDERAL DEFENDANTS by 8/27/2011. (rdj) (Entered: 08/01/2011)
2011-08-268NOTICE of Appearance by Sean Joseph Vanek on behalf of All Defendants (Attachments: # 1 Certificate of Service)(Vanek, Sean) (Entered: 08/26/2011)
2011-08-269MOTION for Extension of Time to Respond to the Complaint by BUREAU OF ATF, EXECUTIVE OFFICE FOR THE UNITED STATES ATTORNEYS, OFFICE OF GENERAL COUNSEL (Attachments: # 1 Text of Proposed Order, # 2 Certificate of Service)(Vanek, Sean) (Entered: 08/26/2011)
2011-08-2910ORDER granting 9 MOTION for Extension of Time to Respond to the Complaint; and it is further ORDERED that Defendants file their dispositive response to Plaintiffs Complaint on or before October 11, 2011. Signed by Judge Robert L. Wilkins on 8/29/2011. (tcb) (Entered: 08/29/2011)
2011-09-1511RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. EXECUTIVE OFFICE FOR THE UNITED STATES ATTORNEYS served on 9/14/2011 (rdj) (Entered: 09/16/2011)
2011-09-1512RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. BUREAU OF ATF served on 9/14/2011 (rdj) (Entered: 09/16/2011)
2011-09-1513MOTION to Amend/Correct 1 Complaint by NYRON NICHOLS (Attachments: # 1 Supplement Supplemental Complaint, # 2 Exhibit Supplemental Complaint Exhibits)(td, ) (Entered: 09/16/2011)
2011-09-16MINUTE ORDER granting 13 MOTION to Amend/Correct 1 Complaint. Signed by Judge Robert L. Wilkins on 9/16/2011. (tcb) (Entered: 09/16/2011)
2011-09-1614AMENDED COMPLAINT against BUREAU OF ATF, EXECUTIVE OFFICE FOR THE UNITED STATES ATTORNEYS, OFFICE OF GENERAL COUNSEL filed by NYRON NICHOLS. (Attachments: # 1 Exhibit)(rdj) (Entered: 09/16/2011)
2011-10-1115MOTION for Extension of Time to Respond to the Complaint by BUREAU OF ATF, EXECUTIVE OFFICE FOR THE UNITED STATES ATTORNEYS, OFFICE OF GENERAL COUNSEL (Attachments: # 1 Text of Proposed Order, # 2 Certificate of Service)(Vanek, Sean) (Entered: 10/11/2011)
2011-10-1316ORDER granting 15 MOTION for Extension of Time to Respond to the Complaint ;and it is further ORDERED that Defendants file their dispositive response to Plaintiffs Complaint on or before November 15, 2011. Signed by Judge Robert L. Wilkins on 10/13/2011. (tcb) (Entered: 10/13/2011)
2011-10-13NOTICE: The Court order dated 10/13/2011 has been mailed by first class mail to Plaintiff: NYRON NICHOLS,R12484-084,LEE U.S. PENITENTIARY,Inmate Mail/ParcelsP.O. BOX 305,JONESVILLE, VA 24263 on 10/13/2011.(tcb) (Entered: 10/13/2011)
2011-11-1517MOTION to Dismiss, MOTION for Summary Judgment by EXECUTIVE OFFICE FOR THE UNITED STATES ATTORNEYS, OFFICE OF GENERAL COUNSEL (Attachments: # 1 Statement of Facts, # 2 Memorandum in Support, # 3 Text of Proposed Order, # 4 Declaration Lilly, # 5 Declaration Kornmeier, # 6 Certificate of Service)(Vanek, Sean) (Entered: 11/15/2011)
2011-11-1518MOTION for Extension of Time to Respond to the Complaint by BUREAU OF ATF (Attachments: # 1 Text of Proposed Order, # 2 Exhibit A, # 3 Certificate of Service)(Vanek, Sean) (Entered: 11/15/2011)
2011-11-1719ORDER granting 18 MOTION for Extension of Time to Respond to the Complaint; and it is further ORDERED that Defendant ATF file its dispositive response to Plaintiffs Complaint on or before December 20, 2011 Responses due by 12/20/2011. Signed by Judge Robert L. Wilkins on 11/17/2011. (tcb) (Entered: 11/17/2011)
2011-11-1720ORDERED that plaintiff shall respond to the moving defendants dispositive motion by December 22, 2011. If plaintiff fails to file a timely response, the Court will treat defendants motion as conceded and may summarily dismiss the claims against EOUSA and OGC or enter judgment accordingly. Signed by Judge Robert L. Wilkins on 11/17/2011. (tcb) (Entered: 11/17/2011)
2011-11-17NOTICE: The Court order dated 10/13/2011 has been mailed by first class mail to Plaintiff: NYRON NICHOLS,R12484-084,LEE U.S. PENITENTIARY,Inmate Mail/ParcelsP.O. BOX 305,JONESVILLE, VA 24263 on 11/17/2011. (tcb) (Entered: 11/17/2011)
2011-12-0821MOTION for Summary Judgment by NYRON NICHOLS (rdj) (Entered: 12/09/2011)
2011-12-0822MOTION for Discovery by NYRON NICHOLS (Attachments: # 1 Exhibits 1-5)(rdj) (Entered: 12/09/2011)
2011-12-2223MOTION for Extension of Time to File Dispositive Motion by BUREAU OF ATF (Attachments: # 1 Text of Proposed Order, # 2 Exhibit A, # 3 Exhibit B, # 4 Certificate of Service)(Vanek, Sean) (Entered: 12/22/2011)
2011-12-2324ORDER granting 23 MOTION for Extension of Time to File Dispositive Motion;and it is further ORDERED that Defendant ATF file its dispositive response to Plaintiffs Complaint on or before January 10, 2012. Signed by Judge Robert L. Wilkins on 12/23/2011. (tcb ) (Entered: 12/23/2011)
2012-01-1025MOTION for Summary Judgment by BUREAU OF ATF (Attachments: # 1 Statement of Facts, # 2 Memorandum in Support, # 3 Text of Proposed Order, # 4 Declaration Chisholm, # 5 Certificate of Service)(Vanek, Sean) (Entered: 01/10/2012)
2012-01-2026ORDERED that plaintiff shall respond to ATFs motion for summary judgment byFebruary 27, 2012. If plaintiff fails to file a timely response, the Court will treat ATFs motion as conceded and may enter judgment for this defendant. Signed by Judge Robert L. Wilkins on 1/20/2012. (tcb) (Entered: 01/20/2012)
2012-01-20NOTICE: The Court's order dated 1/20/2012 has been mailed by first class mail to Plaintiff: NYRON NICHOLS,R12484-084,LEE U.S. PENITENTIARY,Inmate Mail/Parcels,P.O. BOX 305,JONESVILLE, VA 24263 on 1/20/2012. (tcb) (Entered: 01/20/2012)
2012-01-3027MOTION for Summary Judgment by NYRON NICHOLS (Attachments: # 1 Exhibit)(rdj) (Entered: 01/31/2012)
2012-09-2428MEMORANDUM AND OPINION re: Defendant's 17 MOTION to Dismiss, MOTION for Summary Judgment, Plaintiff's 21 MOTION for Summary Judgment, Plaintiff's 22 MOTION for Discovery, Defendant's 25 MOTION for Summary Judgment and Plaintiff's 27 MOTION for Summary Judgment. Signed by Judge Robert L. Wilkins on 9/24/2012. (tcb) . (Entered: 09/24/2012)
2012-09-2429ORDER: For the reasons stated in the accompanying Memorandum Opinion, it isORDERED that Defendants Partial Motion to Dismiss, or Alternatively, for Summary Judgment brought on behalf of the Executive Office for United States Attorneys (EOUSA) and the Bureau of Prisons (BOP) [Dkt. # 17] is GRANTED; it is further ORDERED that Plaintiffs Motion for Discovery on the claim against BOP [Dkt. # 22] is DENIED as moot; it is further ORDERED that Defendant ATFs Motion for Summary Judgment [Dkt. # 25] is GRANTED in part and DENIED in part. The motion is granted on ATFs claimed exemptions; the motion is denied without prejudice as to ATFs search for responsive records; it is further ORDERED that Plaintiffs Partial Motion for Summary Judgment as to the claims against EOUSA and BOP [Dkt. # 21] is DENIED with prejudice; it is further ORDERED that Plaintiffs Motion for Summary Judgment [Dkt. # 27] on ATFs search for responsive records is DENIED; it is further ORDERED that by October 30, 2012, ATF shall file a detailed declaration explaining its search for responsive records and renew its motion for summary judgment on this remaining issue. Plaintiff shall have until November 30, 2012, to respond to ATFs renewed motion for summary judgment. Signed by Judge Robert L. Wilkins on 9/24/2012. (tcb ) (Entered: 09/24/2012)
2012-09-25NOTICE: The Court's orders dated 9/24/2012 have been mailed by first class mail to Plaintiff: NYRON NICHOLS,R12484-084,LEE U.S. PENITENTIARY,Inmate Mail/Parcels,P.O. BOX 305,JONESVILLE, VA 24263 on 9/25/2012. (tcb) (Entered: 09/25/2012)
2012-11-0130MOTION for Extension of Time to File Renewed Summary Judgment Motion by BUREAU OF ATF (Attachments: # 1 Text of Proposed Order, # 2 Certificate of Service)(Vanek, Sean) (Entered: 11/01/2012)
2012-11-0231ORDER granting 30 MOTION for Extension of Time to File Renewed Summary Judgment Motion; and it is further ORDERED that Defendant ATF file its renewed summary judgment motion on or before November 9, 2012. Signed by Judge Robert L. Wilkins on 11/2/2012. (tcb) (Entered: 11/02/2012)
2012-11-0932MOTION for Summary Judgment by BUREAU OF ATF (Attachments: # 1 Statement of Facts, # 2 Memorandum in Support, # 3 Declaration Chisholm, # 4 Text of Proposed Order, # 5 Certificate of Service)(Vanek, Sean) (Entered: 11/09/2012)
2012-11-1933ORDER: it is ORDERED that plaintiff shall respond to defendants summary judgment motion by December 14, 2012. If plaintiff fails to file a timely response, the Court will treat defendants motion as conceded and may enter judgment accordingly. Signed by Judge Robert L. Wilkins on 11/19/2012. (tcb) (Entered: 11/19/2012)
2012-11-21NOTICE: The Court's Order has been mailed by first class mail to Plaintiff: NYRON NICHOLS, R12484-084, LEE U.S. PENITENTIARY Inmate Mail/Parcels, P.O. BOX 305, JONESVILLE, VA 24263 on 11/21/2012. (tcb) (Entered: 11/21/2012)
2012-12-1734Memorandum in opposition to re 32 MOTION for Summary Judgment filed by NYRON NICHOLS. (rdj) (Entered: 12/19/2012)
2013-06-0435NOTICE OF SUBSTITUTION OF COUNSEL by Michelle Jean Seo on behalf of BUREAU OF ATF, EXECUTIVE OFFICE FOR THE U.S. ATTORNEYS, OFFICE OF GENERAL COUNSEL Substituting for attorney Sean J. Vanek (Seo, Michelle) (Entered: 06/04/2013)
2013-08-2336ORDER: The Court, having reviewed the Bureau of Alcohol, Tobacco, Firearms and Explosives renewed motion for summary judgment and plaintiffs opposition, finds that defendant should reply to plaintiffs suggestion of a potentially overlooked source for the record he seeks under the Freedom of Information Act. See Valencia-Lucena v. United States Coast Guard, 180 F.3d 321, 325-26 (D.C. Cir. 1999). Accordingly, it is this 23rd day of August 2013, ORDERED that the ATFE shall file a reply by August 30, 2013. Signed by Judge Robert L. Wilkins on 8/23/2013. (tcb) (Entered: 08/23/2013)
2013-08-2737MOTION for Extension of Time to Respond to the Court's Order by BUREAU OF ATF (Attachments: # 1 Text of Proposed Order)(Seo, Michelle) (Entered: 08/27/2013)
2013-08-2738ERRATA by BUREAU OF ATF 37 MOTION for Extension of Time to Respond to the Court's Order filed by BUREAU OF ATF. (Attachments: # 1 Errata (Corrected Draft Order))(Seo, Michelle) (Entered: 08/27/2013)
2013-08-28MINUTE ORDER granting in part and denying in part 37 MOTION for Extension of Time to Respond to the Court's Order; Defendants response shall be due on September 13, 2013; and it is further ORDERED that any further requests for extensions will be viewed with disfavor. Signed by Judge Robert L. Wilkins on 8/28/2013. (tcb) (Entered: 08/28/2013)
2013-09-1339RESPONSE TO ORDER OF THE COURT re 36 Order,, filed by BUREAU OF ATF. (Attachments: # 1 Declaration Boucher)(Seo, Michelle) (Entered: 09/13/2013)
2013-09-2540MEMORANDUM OPINION re: Defendant's 32 Renewed MOTION for Summary Judgment. Signed by Judge Robert L. Wilkins on 9/25/2013. (tcb) (Entered: 09/25/2013)
2013-09-2541ORDER re:Defendant's 32 Renewed MOTION for Summary Judgment;, it is ORDERED that Defendant ATFs Renewed Motion for Summary Judgment [Dkt. # 32] is GRANTED; and it is further ORDERED that Judgment is entered for the Defendants, and this case is closed. This is a final appealable Order. Signed by Judge Robert L. Wilkins on 9/25/2013. (tcb). (Entered: 09/25/2013)
2013-09-25NOTICE: The Court's Orders have been mailed by first class mail to Plaintiff: NYRON NICHOLS, R12484-084, LEE, U.S. PENITENTIARY, Inmate Mail/Parcels P.O. BOX 305, JONESVILLE, VA 24263 on 9/25/2013.(tcb) (Entered: 09/25/2013)
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