| Date Filed | Doc # | Docket Text |
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| 2013-10-01 | 1 | COMPLAINT against ANDREA G. FOULKES, J. C. HOLLAND, ZANE D. MEMENGER (Filing fee $ 0.00) filed by HARRY LEE RIDDICK. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5)(rc) (Entered: 10/04/2013) |
| 2013-10-01 | | SUMMONS (5) Issued as to ANDREA G. FOULKES, J. C. HOLLAND, ZANE D. MEMENGER, U.S. Attorney and U.S. Attorney General. (rc) (Entered: 10/04/2013) |
| 2013-10-01 | 2 | MOTION for Leave to Proceed in forma pauperis by HARRY LEE RIDDICK. (rc) (Entered: 10/04/2013) |
| 2013-10-01 | 3 | PRISONER TRUST FUND ACCOUNT STATEMENT for period of six months by HARRY LEE RIDDICK. (rc) (Entered: 10/04/2013) |
| 2013-10-01 | 4 | ORDER re 1 Complaint. It is ORDERED that to the extent plaintiff is seeking habeas relief, his petition is DENIED; it is further ORDERED that the Clerk shall open this case as a FOIA action, docket the petition as a Complaint, and randomly assign the case to a district judge for further proceedings. Signed by Judge Beryl A. Howell on 09/19/2013. (rc) (Entered: 10/04/2013) |
| 2013-10-01 | 5 | ORDER directing an initial partial filing fee payment in the amount of $21.89 from the Prison Account of HARRY LEE RIDDICK to the Clerk of the United States District Court for the District of Columbia; further ordered, granting 2 MOTION for Leave to Proceed in forma pauperis. Signed by Judge Beryl A. Howell on 09/19/2013. (rc) (Entered: 10/04/2013) |
| 2013-10-11 | 6 | RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 10/11/2013. (jf, ) (Entered: 10/15/2013) |
| 2013-10-16 | 7 | RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 10/15/2013. Answer due for ALL FEDERAL DEFENDANTS by 11/14/2013. (jf, ) (Entered: 10/18/2013) |
| 2013-10-23 | 8 | MOTION for Reconsideration re 4 Order, by HARRY LEE RIDDICK (jf, ) (Entered: 10/24/2013) |
| 2013-10-24 | | MINUTE ORDER denying 8 Motion for Reconsideration: The proper respondent in a habeas corpus action is plaintiff's warden, Rumsfeld v. Padilla, 542 U.S. 426, 434-35 (2004), and this "district court may not entertain a habeas petition involving present physical custody unless the respondent custodian is within its territorial jurisdiction." Stokes v. U.S. Parole Commn, 374 F.3d 1235, 1239 (D.C. Cir. 2004). Because plaintiff currently is incarcerated at USP McCreary in Pine Knot, Kentucky, this district is not the proper forum for resolution of his habeas claim. It is hereby ORDERED that plaintiff's motion for reconsideration 8 is DENIED. Signed by Judge Ellen S. Huvelle on October 24, 2013. (AG) (Entered: 10/24/2013) |
| 2013-11-08 | 9 | RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. J. C. HOLLAND served on 10/16/2013 (jf, ) (Entered: 11/08/2013) |
| 2013-11-08 | 10 | NOTICE of Appearance by Wenqiong Fu on behalf of All Defendants (Fu, Wenqiong) (Entered: 11/08/2013) |
| 2013-11-08 | 11 | MOTION for Extension of Time to File Response/Reply to Complaint by Wenqiong Fu (Attachments: # 1 Cetificate of Service, # 2 Proposed Order)(Fu, Wenqiong) (Entered: 11/08/2013) |
| 2013-11-12 | | MINUTE ORDER granting 11 Motion for Extension of Time to Respond to Plaintiff's Complaint: Upon consideration of Defendant's Motion for Extension of Time to Respond to Plaintiff's Complaint, it is hereby ORDERED that the Motion is GRANTED; and it is FURTHER ORDERED Defendant shall respond to the Complaint by December 13, 2013. Signed by Judge Ellen S. Huvelle on November 12, 2013. (AG) (Entered: 11/12/2013) |
| 2013-11-12 | | Set/Reset Deadlines: Answer due by 12/13/2013. (zmm, ) (Entered: 11/12/2013) |
| 2013-11-20 | 12 | RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. ANDREA G. FOULKES served on 10/17/2013; ZANE D. MEMENGER served on 10/17/2013 (jf, ) (Entered: 11/21/2013) |
| 2013-12-05 | 13 | MOTION for Extension of Time to File Response/Reply by ANDREA G. FOULKES, J. C. HOLLAND, ZANE D. MEMENGER (Attachments: # 1 Text of Proposed Order, # 2 Certificate of Service)(Fu, Wenqiong) (Entered: 12/05/2013) |
| 2013-12-06 | | MINUTE ORDER granting 13 Motion for Extension of Time: Upon consideration of Defendants's Motion for Extension of Time to Respond to Plaintiff's Complaint, it is hereby ORDERED that the Motion is GRANTED; and it is FURTHER ORDERED that the time by which Defendants may respond to the Complaint is extended up to and including January 14, 2014. Signed by Judge Ellen S. Huvelle on December 6, 2013. (AG) (Entered: 12/06/2013) |
| 2013-12-06 | | Set/Reset Deadlines/Hearings: Answer to Complaint due by 1/14/2014. (cdw) (Entered: 12/09/2013) |
| 2014-01-02 | 14 | MOTION for Extension of Time to File Answer by ANDREA G. FOULKES, J. C. HOLLAND, ZANE D. MEMENGER (Attachments: # 1 Text of Proposed Order, # 2 Certificate of Service)(Fu, Wenqiong) (Entered: 01/02/2014) |
| 2014-01-02 | | MINUTE ORDER granting 14 Motion for Extension of Time to Answer: Upon consideration of Defendants' Motion for Extension of Time to Respond to Plaintiff's Complaint, it is hereby ORDERED that the Motion is GRANTED; and it is FURTHER ORDERED that the time by which Defendants may respond to the Complaint be and is hereby extended up to and including February 14, 2014. Signed by Judge Ellen S. Huvelle on January 2, 2014. (AG) (Entered: 01/02/2014) |
| 2014-01-03 | | Set/Reset Deadlines: Answer due by 2/14/2014. (zmm, ) (Entered: 01/03/2014) |
| 2014-02-12 | 15 | MOTION for Extension of Time to File Answer by ANDREA G. FOULKES, J. C. HOLLAND, ZANE D. MEMENGER (Attachments: # 1 Text of Proposed Order, # 2 Certificate of Service)(Fu, Wenqiong) (Entered: 02/12/2014) |
| 2014-02-13 | | MINUTE ORDER granting 15 Motion for Extension of Time to Answer: Upon Consideration of Defendants' Motion for Extension of Time to Respond to Plaintiff's Complaint, it is hereby ORDERED that the Motion is GRANTED; and it is FURTHER ORDERED that the time by which Defendants may respond to the Complaint is hereby extended up to and including March 14, 2014. Signed by Judge Ellen S. Huvelle on February 13, 2014. (AG, ) (Entered: 02/13/2014) |
| 2014-02-14 | | Set/Reset Deadlines: Answer due by 3/14/2014. (zmm, ) (Entered: 02/14/2014) |
| 2014-03-13 | 16 | ANSWER to 1 Complaint, by ANDREA G. FOULKES, J. C. HOLLAND, ZANE D. MEMENGER. (Attachments: # 1 Certificate of Service)(Fu, Wenqiong) (Entered: 03/13/2014) |
| 2014-03-13 | 17 | MOTION for Briefing Schedule by ANDREA G. FOULKES, J. C. HOLLAND, ZANE D. MEMENGER (Attachments: # 1 Text of Proposed Order, # 2 Exhibit Exhibit A)(Fu, Wenqiong) (Entered: 03/13/2014) |
| 2014-03-14 | | MINUTE ORDER granting 17 Motion for Briefing Schedule: Upon consideration of the Defendants' Proposed Briefing Schedule it is HEREBY ORDERED that Responsive documents shall be sent to Plaintiff by March 14, 2014; Defendants' Motion for Summary Judgment is due by June 16, 2014; Plaintiff's Opposition AND Cross Motion for Summary Judgment is due by July 16, 2014; Defendants' Reply and Opposition to Plaintiff's Motion for Summary Judgment is due by July 30, 2014; and Plaintiff's Reply is due by August 13, 2014. Signed by Judge Ellen S. Huvelle on March 14, 2014. (AG) (Entered: 03/14/2014) |
| 2014-03-18 | | Set/Reset Deadlines: Responsive documents to be sent to plaintiff by 3/14/2014; Defendant's motion for summary judgment due 6/16/2014; Response and cross motion for summary judgment due 7/16/2014; Reply and cross motion response due 7/30/2014; Cross motion reply due 8/13/2014. (zmm, ) (Entered: 03/18/2014) |
| 2014-03-28 | 18 | NOTICE OF SUBSTITUTION OF COUNSEL by Dionne S. Shy on behalf of All Defendants Substituting for attorney Wenqiong Fu (Shy, Dionne) (Entered: 03/28/2014) |
| 2014-04-07 | | Case directly reassigned to Judge Christopher R. Cooper. Judge Ellen S. Huvelle no longer assigned to the case. (gt, ) (Entered: 04/07/2014) |
| 2014-04-14 | 19 | MOTION to Appoint Counsel, MOTION to name additional defendants by HARRY LEE RIDDICK (jf, ) (Entered: 04/17/2014) |
| 2014-04-28 | 20 | Memorandum in opposition to re 19 MOTION to Appoint Counsel MOTION to name additional defendants filed by ANDREA G. FOULKES, J. C. HOLLAND, ZANE D. MEMENGER. (Shy, Dionne) (Entered: 04/28/2014) |
| 2014-04-30 | 21 | ORDER : This matter is before the Court on plaintiffs Notice of Naming Additional Defendants and Motion for Appointment of Counsel [ECF No. 19]. It is hereby ORDERED that plaintiffs Notice of Naming Additional Defendants and Motion for Appointment of Counsel [ECF No. 19] are DENIED; it is FURTHER ORDERED that defendants J.C. Holland, Zane D. Memenger and Andrea G. Foulkes are DISMISSED as parties to this action; and it is FURTHER ORDERED that this action proceed as a civil action under the Freedom of Information Act against the United States Department of Justice, which is substituted as the sole defendant in this action. Signed by Judge Christopher R. Cooper on 4/30/2014. (tcb) (Entered: 04/30/2014) |
| 2014-05-09 | 22 | MOTION to Compel pursuant to FRCP 5 by HARRY LEE RIDDICK (td, ) (Entered: 05/12/2014) |
| 2014-05-22 | 23 | Memorandum in opposition to re 22 MOTION to Compel filed by UNITED STATES DEPARTMENT OF JUSTICE. (Shy, Dionne) (Entered: 05/22/2014) |
| 2014-06-10 | 24 | MOTION for Extension of Time to File Dispositive Motion by UNITED STATES DEPARTMENT OF JUSTICE (Shy, Dionne) (Entered: 06/10/2014) |
| 2014-06-10 | | MINUTE ORDER granting 24 Motion for Extension of Time to file dispositive motion. It is hereby ORDERED that Defendant's Motion for Summary Judgment is due by August 18, 2014; Plaintiff's Opposition AND Cross Motion for Summary Judgment is due by September 18, 2014; Defendants' Reply and Opposition to Plaintiff's Motion for Summary Judgment is due by October 2, 2014; and Plaintiff's Reply is due by October 16, 2014. Signed by Judge Christopher R. Cooper on 6/10/2014. (lccrc1, ) (Entered: 06/10/2014) |
| 2014-08-15 | 25 | MOTION for Extension of Time to File Dispositive Motion by ANDREA G. FOULKES, J. C. HOLLAND, ZANE D. MEMENGER, UNITED STATES DEPARTMENT OF JUSTICE (Shy, Dionne) (Entered: 08/15/2014) |
| 2014-08-18 | | MINUTE ORDER granting 25 Defendant's Motion for Extension of Time to File Dispositive Motion. The Defendant's dispositive motion is due on August 29, 2014. Signed by Judge Christopher R. Cooper on 8/18/2014. (lccrc1, ) (Entered: 08/18/2014) |
| 2014-08-19 | | Set/Reset Deadlines: Defendant's Dispositive Motion due by 8/29/2014. (tcr) (Entered: 08/19/2014) |
| 2014-08-27 | 26 | MOTION for Extension of Time to File Dispositive Motion by ANDREA G. FOULKES, J. C. HOLLAND, ZANE D. MEMENGER, UNITED STATES DEPARTMENT OF JUSTICE (Shy, Dionne) (Entered: 08/27/2014) |
| 2014-08-28 | | MINUTE ORDER granting 26 MOTION for Extension of Time to File Dispositive Motion; and it is further ORDERED that Defendants dispositive motion is due on September 30, 2014. Further requests for an extension of time to file dispositive motions will be viewed with disfavor. Signed by Judge Christopher R. Cooper on 8/28/2014. (tcr) (Entered: 08/28/2014) |
| 2014-08-29 | 27 | NOTICE OF WITHDRAWAL OF APPEARANCE as to UNITED STATES DEPARTMENT OF JUSTICE. Attorney Dionne S. Shy terminated. (Shy, Dionne) (Entered: 08/29/2014) |
| 2014-09-08 | 28 | MOTION for Summary Judgment by HARRY LEE RIDDICK (Attachments: # 1 Exhibit)(td, ) (Entered: 09/10/2014) |
| 2014-09-23 | 29 | NOTICE of Appearance by Jodi T. George on behalf of All Defendants (George, Jodi) (Entered: 09/23/2014) |
| 2014-09-30 | 30 | MOTION for Summary Judgment by UNITED STATES DEPARTMENT OF JUSTICE (Attachments: # 1 Declaration David Luczynski, # 2 Exhibit)(George, Jodi) (Entered: 09/30/2014) |
| 2014-10-09 | 31 | Order advising plaintiff to respond by 11/10/2014 to 30 defendant's MOTION for Summary Judgment, or the Court may treat the motion as conceded. Signed by Judge Christopher R. Cooper on 10/9/14. (ms, ) (Entered: 10/09/2014) |
| 2014-10-09 | | NOTICE: The Court's order dated 10/9/2014 has been mailed by first class mail to Plaintiff: HARRY LEE RIDDICK, R48116-066, MCCREARY UNITED STATES PENITENTIARY P.O. Box 3000,, Pine Knot, KY 42635 on October 9, 2014(tcr) (Entered: 10/09/2014) |
| 2014-10-14 | 32 | RESPONSE TO ORDER OF THE COURT re 31 Fox/Neal Order filed by HARRY LEE RIDDICK. (td, ) (Entered: 10/15/2014) |
| 2014-10-16 | | MINUTE ORDER: The Government shall resubmit a signed version of the declaration of David Luczynski on or before October 22, 2014. It is FURTHER ORDERED that The Plaintiff shall have up to, and including November 24, 2014 to respond to the Government's motion for summary judgment. As explained in the Court's October 9, 2014 Order, the Plaintiff's failure to respond to the Government's motion may result in the Court treating the motion as conceded. Signed by Judge Christopher R. Cooper on 10/16/2014. (lccrc1, ) (Entered: 10/16/2014) |
| 2014-10-20 | 33 | NOTICE of Filing of Resubmission of Signed Declaration of David Luczynski by UNITED STATES DEPARTMENT OF JUSTICE re Order,, (Attachments: # 1 Declaration resubmission)(George, Jodi) (Entered: 10/20/2014) |
| 2014-10-20 | | NOTICE: The Court's Minute Order dated 10/16/2014 has been mail by first class mail to Plaintiff: HARRY LEE RIDDICK, R48116-066MCCREARY UNITED STATES PENITENTIARY, P.O. Box 3000, Pine Knot, KY 42635 on 10/20/2014. (tcr) (Entered: 10/20/2014) |
| 2014-10-30 | 34 | Civil Statement from Plaintiff of Defendant's Error. (td, ) (Entered: 10/31/2014) |
| 2014-11-04 | | MINUTE ORDER: Plaintiff is advised that an electronic signature satisfies Federal Rule of Civil Procedure 5. Plaintiff shall be provided with a copy of the docket sheet in this case along with a copy of the Courts Minute Order. Signed by Judge Christopher R. Cooper on 11/4/2014. (tcr) (Entered: 11/04/2014) |
| 2014-11-04 | | NOTICE: The Court's Minute Order dated 11/4/2014 and docket sheet has been mailed by first to Plaintiff: HARRY LEE RIDDICK, R48116-066MCCREARY UNITED STATES PENITENTIARY, P.O. Box 3000, Pine Knot, KY 42635 on 11/4/2014. (tcr) (Entered: 11/04/2014) |
| 2014-11-24 | 35 | MOTION for Extension of Time to File Response/Reply as to 30 MOTION for Summary Judgment by HARRY LEE RIDDICK (td, ) (Entered: 11/26/2014) |
| 2014-12-01 | 36 | MOTION for Sanctions by HARRY LEE RIDDICK (td, ) (Entered: 12/02/2014) |
| 2014-12-02 | | MINUTE ORDER: Plaintiffs motion for an extension of time 35 is granted. Plaintiff shall file his opposition to the defendants motion by December 15, 2014. Signed by Judge Christopher R. Cooper on 12/2/2014. (lccrc1, ) (Entered: 12/02/2014) |
| 2014-12-03 | | NOTICE: The Court's Minute Order dated 12/2/2014 has been mailed by first class mail to Plaintiff: HARRY LEE RIDDICK, R48116-066MCCREARY UNITED STATES PENITENTIARY, P.O. Box 3000, Pine Knot, KY 42635 on 12/3/2014 (tcr) (Entered: 12/03/2014) |
| 2014-12-09 | 37 | Memorandum in opposition to re 36 MOTION for Sanctions filed by UNITED STATES DEPARTMENT OF JUSTICE. (George, Jodi) (Entered: 12/09/2014) |
| 2014-12-09 | 38 | RESPONSE re 28 MOTION for Summary Judgment filed by UNITED STATES DEPARTMENT OF JUSTICE. (George, Jodi) (Entered: 12/09/2014) |
| 2014-12-11 | 39 | NOTICE OF INTERLOCUTORY APPEAL as to 21 Order on Motion to Appoint Counsel, Order on Motion for Miscellaneous Relief,,,, by HARRY LEE RIDDICK. Fee Status: No Fee Paid. Parties have been notified. (td, ) Modified on 12/12/2014 (td, ). (Entered: 12/12/2014) |
| 2014-12-12 | 40 | Transmission of the Notice of Appeal, Order Appealed, and Docket Sheet to US Court of Appeals. The Fee remains to be paid and another notice will be transmitted when the fee has been paid in the District Court re 39 Notice of Interlocutory Appeal. (td, ) (Entered: 12/12/2014) |
| 2014-12-18 | 41 | MOTION to Stay by HARRY LEE RIDDICK (rdj) (Entered: 12/19/2014) |
| 2014-12-18 | 42 | NOTICE by HARRY LEE RIDDICK (rdj) (Entered: 12/19/2014) |
| 2014-12-18 | 43 | Memorandum in opposition to re 30 MOTION for Summary Judgment filed by HARRY LEE RIDDICK. (rdj) (Entered: 12/19/2014) |
| 2014-12-24 | | USCA Case Number 14-5324 for 39 Notice of Interlocutory Appeal filed by HARRY LEE RIDDICK. (rd) (Entered: 12/29/2014) |
| 2014-12-29 | 44 | NOTICE by HARRY LEE RIDDICK (td, ) (Entered: 12/31/2014) |
| 2015-01-12 | 45 | JUDICIAL NOTICE F.R.E. 201 by HARRY LEE RIDDICK (td, ) (Entered: 01/14/2015) |
| 2015-01-26 | 46 | Civil Statement from Plaintiff. (td, ) (Entered: 01/28/2015) |
| 2015-02-03 | | USCA Appeal Fees received $ 505 receipt number 4616068282 re 39 Notice of Interlocutory Appeal filed by HARRY LEE RIDDICK (td, ) (Entered: 02/06/2015) |
| 2015-02-06 | 47 | Supplemental Record on Appeal transmitted to US Court of Appeals re USCA Appeal Fees ;USCA Case Number 14-5324. (td, ) (Entered: 02/06/2015) |
| 2015-02-11 | 48 | MOTION to Appoint Counsel " LEAVE TO FILE GRANTED" signed by Judge Christopher R. Cooper on 2/11/2015 by HARRY LEE RIDDICK (tcr) (Entered: 02/11/2015) |
| 2015-02-19 | 49 | MOTION for permission to depose witnesses by HARRY LEE RIDDICK (td, ) (Entered: 02/20/2015) |
| 2015-02-24 | | MINUTE ORDER: According to plaintiff, defendant has not produced a particular document among the 307 pages of records released in response to his FOIA request to the U.S. Department of Justice. Further, plaintiff has asserted, defendant's failure to produce this document and its alleged failure to comply with the Court's March 14, 2014 Minute Order setting a schedule for dispositive motions are grounds for sanctions. The adequacy of defendant's search and its response to plaintiff's FOIA request are matters addressed in the parties' pending cross-motions for summary judgment, and it is hereby ordered that plaintiff's motions to compel 22 and for sanctions 36 are DENIED. Signed by Judge Christopher R. Cooper on 2/24/15. (ms, ) (Entered: 02/24/2015) |
| 2015-02-24 | | MINUTE ORDER: On consideration of plaintiff's motion for appointment of counsel, and the factors set forth in Local Civil Rule 83.11(b)(3), the Court concludes that appointment of counsel is not warranted in this case. It is hereby ORDERED that Plaintiff's Motion to Appoint Counsel 48 is DENIED. Signed by Judge Christopher R. Cooper on 2/24/15. (ms, ) (Entered: 02/24/2015) |
| 2015-02-24 | | MINUTE ORDER: This matter proceeds against the U.S. Department of Justice under the Freedom of Information Act. The parties' cross-motions for summary judgment remain pending, as does plaintiffs interlocutory appeal to the U.S. Court of Appeals for the District of Columbia Circuit. Generally, "[d]iscovery in FOIA is rare and should be denied where an agencys declarations are reasonably detailed, submitted in good faith and the court is satisfied that no factual dispute remains." Schrecker v. Dep't of Justice, 217 F. Supp. 2d 29, 35 (D.D.C. 2002), aff'd, 349 F.3d 657 (D.C. Cir. 2003). Plaintiff does not show that discovery is warranted either at this stage of the proceedings or in this case at all, and, accordingly, his Motion for Permission to Depose Witnesses 49 is DENIED. Signed by Judge Christopher R. Cooper on 2/24/15. (ms, ) (Entered: 02/24/2015) |
| 2015-06-16 | 50 | MANDATE of USCA (certified copy) as to 39 Notice of Interlocutory Appeal filed by HARRY LEE RIDDICK. ORDERED that the order to show cause be discharged. That the appeal be dismissed for lack of jurisdiction. USCA Case Number 14-5324. (rd) (Entered: 06/17/2015) |
| 2015-09-29 | 51 | MEMORANDUM OPINION AND ORDER: it is hereby ORDERED that 28 Plaintiff's Motion for Summary Judgment is DENIED and that 30 Defendant's Motion for Summary Judgment is GRANTED. It is further ORDERED that Plaintiff's Motion to Strike, included within his Memorandum in Opposition to the Defendant's Motion for Summary Judgment, is DENIED. Signed by Judge Christopher R. Cooper on 9/29/2015. (tcr) (Entered: 09/29/2015) |
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