| Date Filed | Doc # | Docket Text |
|
| 2015-10-28 | 1 | COMPLAINT against U.S. DEPARTMENT OF JUSTICE filed by REGINALD MCFADDEN. (Attachments: # 1 Civil Cover Sheet)(td) (Entered: 10/29/2015) |
| 2015-10-28 | 2 | MOTION for Leave to Proceed in forma pauperis by REGINALD MCFADDEN (td) (Entered: 10/29/2015) |
| 2015-10-28 | 3 | PRISONER ACCOUNT STATEMENT by REGINALD MCFADDEN (td) (Entered: 10/29/2015) |
| 2015-10-28 | 4 | ORDERED that Verified Petition for a Writ of Mandamus is construed as a civil complaint under the Freedom of Information Act as against the United States Department of Justice; and it is Further Ordered that defendants SUSAN B. GERSON and PRISCILLA JONES are Dismissed With Prejudice as party defendants.. Signed by Judge Richard J. Leon on 10/16/15. (td) (Entered: 10/29/2015) |
| 2015-10-28 | 5 | VACATED AND IFP REVOKED PURSUANT TO MEMORANDUM OPINION AND ORDER FILED 9/7/2017.....ORDER directing continued partial payments on the remaining balance of the $350.00 filing fee and granting 2 Motion for Leave to Proceed in forma pauperis; (See Order for further details). Signed by Judge Richard J. Leon on 10/24/15. (td) Modified on 9/8/2017 (znmw). (Entered: 10/29/2015) |
| 2015-11-09 | 6 | SUMMONS Issued as to U.S. DEPARTMENT OF JUSTICE, U.S. Attorney and U.S. Attorney General (jf) (Entered: 11/12/2015) |
| 2015-12-01 | 7 | RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 11/23/2015. Answer due for ALL FEDERAL DEFENDANTS by 12/23/2015. (zrdj) (Entered: 12/02/2015) |
| 2015-12-08 | 8 | RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF JUSTICE served on 11/16/2015, RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 11/16/2015. (zrdj) (Entered: 12/09/2015) |
| 2015-12-09 | 9 | NOTICE of Appearance by William Mark Nebeker on behalf of U.S. DEPARTMENT OF JUSTICE (Nebeker, William) (Entered: 12/09/2015) |
| 2015-12-11 | 10 | Letter to the Court from REGINALD MCFADDEN "LEAVE TO FILE GRANTED" by Judge Richard J. Leon (zrdj) (Entered: 12/14/2015) |
| 2015-12-15 | | MINUTE ORDER: The Court is in receipt of Plaintiff's Letter to the Court 10 . Plaintiff's request for a default judgment is premature. Defendants are not required to file an answer until December 23, 2015. See 5 U.S.C. s 552(a)(4)(C); Fed. R. Civ. P. 55(a). Plaintiff is further advised that future motions should comply with the Federal Rules of Civil Procedure and the Court's local rules regarding their form and the manner of service. Signed by Judge Randolph D. Moss on 12/15/2015. (lcrdm1, ) (Entered: 12/15/2015) |
| 2015-12-15 | | Set/Reset Deadline: Defendants required to file an answer on 12/23/2015. (kt) (Entered: 12/15/2015) |
| 2015-12-21 | 11 | MOTION for Extension of Time to File Answer re 1 Complaint, Set/Reset Deadlines by U.S. DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Nebeker, William) (Entered: 12/21/2015) |
| 2015-12-22 | | MINUTE ORDER: Upon consideration of Defendant's Motion for Extension of Time 11 , it is hereby ORDERED that the motion is GRANTED. Defendant shall answer or otherwise respond to the Complaint on or before January 27, 2016. Signed by Judge Randolph D. Moss on 12/22/2015. (lcrdm1, ) (Entered: 12/22/2015) |
| 2015-12-22 | | Set/Reset Deadline: Defendant shall answer or otherwise respond to the Complaint on or before 1/27/2016. (kt) (Entered: 12/22/2015) |
| 2016-01-27 | 12 | MOTION for Extension of Time to File Answer re 1 Complaint by U.S. DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Nebeker, William) (Entered: 01/27/2016) |
| 2016-01-27 | | MINUTE ORDER: Upon consideration of Defendant's Motion for Extension of Time 12 , it is hereby ORDERED that the motion is GRANTED. Defendant shall file its answer or otherwise respond to the complaint on or before February 29, 2016. Signed by Judge Randolph D. Moss on 1/27/2016. (lcrdm1, ) (Entered: 01/27/2016) |
| 2016-01-27 | | Set/Reset Deadline: Defendant shall file its answer or otherwise respond to the complaint on or before 2/29/2016. (kt) (Entered: 01/27/2016) |
| 2016-02-29 | 13 | ANSWER to 1 Complaint by U.S. DEPARTMENT OF JUSTICE.(Nebeker, William) (Entered: 02/29/2016) |
| 2016-02-29 | 14 | SCHEDULING ORDER: It is hereby ORDERED that defendants shall file a dispositive motion on or before April 29, 2016. Plaintiff may incorporate a motion for summary judgment into the response to defendant's motion or simultaneously file a cross-motion for summary judgment. See document for details. Signed by Judge Randolph D. Moss on 2/29/2016. (lcrdm1, ) (Entered: 02/29/2016) |
| 2016-03-01 | | Set/Reset Deadline: Defendants shall file a dispositive motion on or before 4/29/2016. (kt) (Entered: 03/01/2016) |
| 2016-03-16 | 15 | ENTERED IN ERROR. . . . .LEAVE TO FILE DENIED- Plaintiff's Affidavit of Mailing/Reply to Defendant's Answer This document is unavailable as the Court denied its filing.. Signed by Judge Randolph D. Moss on 3/16/16. (td) Modified on 3/16/2016 (td). (Entered: 03/16/2016) |
| 2016-03-16 | 16 | RESPONSE re 13 Answer to Complaint filed by REGINALD MCFADDEN; ("LEAVE TO FILE GRANTED" by Judge Randolph D. Moss) (td) (Entered: 03/16/2016) |
| 2016-03-17 | 17 | RESPONSE re 13 Answer to Complaint filed by REGINALD MCFADDEN. "LEAVE TO FILE GRANTED" by Judge Randolph D. Moss(zrdj) (Entered: 03/17/2016) |
| 2016-03-22 | 18 | MOTION for Summary Judgment by REGINALD MCFADDEN "LEAVE TO FILE GRANTED" by Judge Randolph D. Moss (zrdj) (Entered: 03/22/2016) |
| 2016-04-25 | 19 | Letter to the Court from REGINALD MCFADDEN, "LEAVE TO FILE GRANTED" by Judge Randolph D. Moss (zrdj) (Entered: 04/25/2016) |
| 2016-04-27 | 20 | MOTION for Extension of Time to File Dispositive Motion by U.S. DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Nebeker, William) (Entered: 04/27/2016) |
| 2016-04-29 | | MINUTE ORDER: Upon consideration of Defendant's motion for extension of time to file dispositive motion 20 , it is hereby ORDERED that the motion is GRANTED. Defendant shall file a dispositive motion on or before September 30, 2016. Defendant shall produce responsive documents to Plaintiff on a rolling basis. Defendant shall file status reports on June 30, 2016 and July 30, 2016. Signed by Judge Randolph D. Moss on 4/29/2016. (lcrdm1, ) Modified on 4/29/2016 to correct year in September 30th date (kt). (Entered: 04/29/2016) |
| 2016-04-29 | | MINUTE ORDER: In light of the fact that Defendant is in the process of producing documents to Plaintiff, it is hereby ORDERED that Plaintiff's motion for summary judgment is denied without prejudice as premature. Signed by Judge Randolph D. Moss on 4/29/2016. (lcrdm1, ) (Entered: 04/29/2016) |
| 2016-04-29 | | Set/Reset Deadlines: Defendant shall file a dispositive motion on or before 9/30/2016; Defendant shall file status reports on 6/30/2016 and 7/30/2016. (kt) (Entered: 04/29/2016) |
| 2016-06-10 | 21 | MOTION for Order by REGINALD MCFADDEN;("LEAVE TO FILE GRANTED" by Judge Randolph D. Moss) (td) (Entered: 06/13/2016) |
| 2016-06-14 | | MINUTE ORDER: Plaintiff McFadden has filed a motion for reconsideration of the Court's prior order dismissing his summary judgment motion without prejudice. 21 . The Court denied Defendant's prior motion as premature in light of Defendant's request for more time to review and release responsive documents. See 20 ; Apr. 29, 2016 Minute Order. In requesting more time, the Government had explained that its proposed revised schedule was based on an apparent agreement that a third party would pay a $54.40 processing fee on Plaintiff's behalf. See 20 . Plaintiff's motion indicates that a payment of $45.40 made on Plaintiff's behalf was returned by Defendant, and that there may be some confusion regarding Plaintiff's desire to have responsive records released in paper format, not CD. 21 . In light of the foregoing, Defendant shall file a status report on or before June 20, 2016 addressing these matters. The Court's prior order requiring (1) rolling production, (2) status reports on June 30, 2016 and July 30, 2016, and (3) that Defendant file its dispositive motion on or before September 30, 2016, remains in effect. See Apr. 29, 2016 Minute Order. Signed by Judge Randolph D. Moss on 6/14/2016. (lcrdm1, ) (Entered: 06/14/2016) |
| 2016-06-14 | | Set/Reset Deadlines: Defendant shall file a status report on or before 6/20/2016. (kt) (Entered: 06/14/2016) |
| 2016-06-20 | 22 | STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Nebeker, William) (Entered: 06/20/2016) |
| 2016-06-21 | | MINUTE ORDER: Upon consideration of the Department's status report 22 , it is hereby ORDERED that it shall produce all non-exempt, responsive documents, in paper format, to Plaintiff on a rolling basis. The Department shall not limit its production to the first 100 pages of responsive documents. The Department's statement that there are outstanding issues regarding whether Plaintiff has agreed to pay the $45.50 processing fee and whether the records should be produced in paper format is belied by the fact that the Department returned a payment of $45.50 made on behalf of Plaintiff, which was the amount that the Department told Plaintiff would be owed if 1,008 pages of responsive documents "are released in paper." See 21 at 7. The Court's prior order requiring status reports on June 30, 2016 and July 30, 2016 is hereby VACATED. The Department shall file a status report on or before July 15, 2016. The Court's prior order that the Department shall file its dispositive motion on or before September 30, 2016 remains in effect. Signed by Judge Randolph D. Moss on 6/21/2016. (lcrdm1, ) (Entered: 06/21/2016) |
| 2016-06-21 | | MINUTE ORDER: Plaintiff's Motion for Order 21 is hereby DENIED. Plaintiff's motion seeks reconsideration of the Court's denial without prejudice of Plaintiff's motion for summary judgment. The Court denied that motion without prejudice because the Defendant was in the process of producing responsive documents. See Apr. 29, 2016 Min. Order. A motion for summary judgment by Plaintiff remains premature, as Defendant is in the process of producing responsive documents. See June 21, 2016 Min Order (ordering Defendant to produce non-exempt, responsive documents). Signed by Judge Randolph D. Moss on 6/21/2016. (lcrdm1, ) (Entered: 06/21/2016) |
| 2016-06-21 | | Set/Reset Deadlines: The Department shall file a status report on or before 7/15/2016. (kt) (Entered: 06/21/2016) |
| 2016-07-14 | 23 | Counter STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Nebeker, William) (Entered: 07/14/2016) |
| 2016-07-14 | | MINUTE ORDER: Upon consideration of Defendant's status report 23 , it is hereby ORDERED that Defendant shall file a further status report on or before September 2, 2016. Pursuant to the Court's June 21, 2016 Minute Order, Defendant's dispositive motion remains due on or before September 30, 2016. Signed by Judge Randolph D. Moss on 7/14/2016. (lcrdm1, ) (Entered: 07/14/2016) |
| 2016-07-14 | | Set/Reset Deadlines: Defendant's Dispositive Motions due by 9/30/2016. Defendant further Status Report due by 9/2/2016. (dot) (Entered: 07/14/2016) |
| 2016-08-08 | 24 | RESPONSE to Status Report filed by REGINALD MCFADDEN. "LEAVE TO FILE GRANTED", by Judge Randolph D. Moss(zrdj) (Entered: 08/09/2016) |
| 2016-09-02 | 25 | STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Nebeker, William) (Entered: 09/02/2016) |
| 2016-09-30 | 26 | MOTION to Dismiss Or, In The Alternative , MOTION for Summary Judgment by U.S. DEPARTMENT OF JUSTICE (Attachments: # 1 Declaration David M. Hardy, # 2 Text of Proposed Order)(Nebeker, William) (Entered: 09/30/2016) |
| 2016-10-03 | 27 | ORDER: Plaintiff shall respond to Defendants Motion to Dismiss, or in the Alternative, for Summary Judgment 26 on or before November 4, 2016. If Plaintiff does not file a response within the time provided, the Court may treat the motion as conceded and enter judgment for Defendant. Defendants Reply is due on or before November 18, 2016 (See written order for details). Signed by Judge Randolph D. Moss on 10/3/2016. (lcrdm1, ) (Entered: 10/03/2016) |
| 2016-10-03 | | Set/Reset Deadlines: Plaintiff shall respond to Defendants Motion to Dismiss, or in the Alternative, for Summary Judgment 26 on or before 11/4/2016; Defendant's Reply is due on or before 11/18/2016. (kt) (Entered: 10/03/2016) |
| 2016-11-09 | 28 | Memorandum in opposition to re 26 MOTION to Dismiss Or, In The Alternative MOTION for Summary Judgment filed by REGINALD MCFADDEN. "LEAVE TO FILE GRANTED" by Judge Randolph D. Moss (zrdj) (Entered: 11/10/2016) |
| 2016-11-14 | | MINUTE ORDER: It is hereby ORDERED that defendant's reply to plaintiff's Memorandum in Opposition 28 shall be filed on or before November 23, 2016. Signed by Judge Randolph D. Moss on 11/14/2016. (lcrdm1, ) (Entered: 11/14/2016) |
| 2016-11-14 | | Set/Reset Deadlines: Defendant's reply to plaintiff's Memorandum in Opposition 28 shall be filed on or before 11/23/2016. (kt) (Entered: 11/14/2016) |
| 2016-11-23 | 29 | MOTION for Extension of Time to File Response/Reply as to 26 MOTION to Dismiss Or, In The Alternative MOTION for Summary Judgment by U.S. DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Nebeker, William) (Entered: 11/23/2016) |
| 2016-11-28 | | Minute Order: Upon consideration of Defendant's Motion for an Enlargement of Time 29 , the motion is hereby GRANTED. It is hereby ORDERED that Defendant shall submit its reply in support of its Motion to Dismiss or, in the Alternative, for Summary Judgment 26 on or before December 8, 2016. Signed by Judge Randolph D. Moss on 11/28/2016. (lcrdm1, ) (Entered: 11/28/2016) |
| 2016-11-28 | | Set/Reset Deadlines: Defendant's Reply re 26 due by 12/8/2016. (dot) (Entered: 11/28/2016) |
| 2016-12-08 | 30 | REPLY to opposition to motion re 26 MOTION to Dismiss Or, In The Alternative MOTION for Summary Judgment filed by U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Declaration "Plaintiff's Declaration In Opposition To Defendant's Motion To Dismiss Or Motion For Summary Judgment", # 2 Declaration Second Hardy Declaration, # 3 Exhibit FBI Lab Report Table Of Contents)(Nebeker, William) (Entered: 12/08/2016) |
| 2017-01-27 | 31 | Letter to the Court from REGINALD MCFADDEN "LEAVE TO FILE GRANTED" by Judge Randolph D. Moss (zrdj) (Entered: 01/30/2017) |
| 2017-04-17 | 32 | ORDER TO SHOW CAUSE: On or before May 30, 2017, Plaintiff Reginald McFadden is hereby ORDERED to show cause why his IFP status should not be rescinded under 28 U.S.C. § 1915(g)'s "three-strikes rule." Defendant may also file a brief addressing the three-strikes rule on or before May 30, 2017. See document for details. Signed by Judge Randolph D. Moss on 4/17/2017. (lcrdm1, ) (Entered: 04/17/2017) |
| 2017-04-17 | | Set/Reset Deadlines: Plaintiff Response to Show Cause due by 5/30/2017. (kt) (Entered: 04/17/2017) |
| 2017-05-01 | 33 | Letter to the Court from REGINALD MCFADDEN "LEAVE TO FILE GRANTED" by Judge Randolph D. Moss(zrdj) (Entered: 05/02/2017) |
| 2017-05-02 | | MINUTE ORDER: In light of Plaintiff's Response to the Court's Order to Show Cause 33 , Defendant is hereby ORDERED to file a brief responding to Plaintiff's filing on or before May 30, 2017. Specifically, Defendant is invited to address Plaintiff's contention that he is excepted from 28 U.S.C. § 1915(g)'s "three-strikes" rule because he has demonstrated that he is "under imminent danger of serious physical injury," see Dkt. 33 at 1-2; whether the "imminent danger" exception applies even where the complaint does not seek relief related to the imminent danger, see Asemani v. USCIS, 797 F.3d 1069, 1074 (D.C. Cir. 2015) (citing Mitchell v. Fed. Bureau of Prisons, 587 F.3d 415, 421 (D.C. Cir. 2009)); and whether McFadden has, in any event, offered sufficient evidence of an imminent danger at the time he filed his complaint in this case. Signed by Judge Randolph D. Moss on 5/2/2017. (lcrdm1, ) (Entered: 05/02/2017) |
| 2017-05-02 | | Set/Reset Deadlines: Defendant's Brief responding to Plaintiff's filing due by 5/30/2017. (kt) (Entered: 05/02/2017) |
| 2017-05-30 | 34 | RESPONSE TO ORDER OF THE COURT re 32 Order, Order,,, filed by U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Nebeker, William) (Entered: 05/30/2017) |
| 2017-06-27 | 35 | NOTICE (Suggestion of Mootness) by U.S. DEPARTMENT OF JUSTICE re 26 MOTION to Dismiss Or, In The Alternative MOTION for Summary Judgment (Attachments: # 1 Declaration Third Hardy Declaration)(Nebeker, William) (Entered: 06/27/2017) |
| 2017-09-07 | 36 | MEMORANDUM OPINION AND ORDER: It is hereby ORDERED that the order granting McFadden leave to proceed in forma pauperis, Dkt. 5 , be VACATED and that his in forma pauperis status be REVOKED. It is further ORDERED that McFadden pay the balance of the filing fee on or before October 10, 2017, or the Court will dismiss his case without prejudice. This case is hereby STAYED until October 10, 2017. Signed by Judge Randolph D. Moss on 9/7/2017. (lcrdm1, ) (Entered: 09/07/2017) |
| 2017-09-07 | | Set/Reset Deadlines: Plaintiff's balance of the filing fee is due on or before 10/10/2017. (kt) (Entered: 09/07/2017) |
| 2017-09-07 | | Case STAYED. (kt) (Entered: 09/07/2017) |
| 2017-10-21 | | MINUTE ORDER: In light of the Plaintiff's failure to pay the balance of the filing fee on or before October 10, 2017, as ordered by the Court in its Memorandum Opinion and Order 36 , it is hereby ORDERED that the case is DISMISSED without prejudice. Signed by Judge Randolph D. Moss on 10/21/2017. (lcrdm1, ) (Entered: 10/21/2017) |
 Hide Docket Events |
