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Case TitleHernandez v. United States Bureau of Immigration and Custom Enforcement
DistrictSouthern District of Mississippi
CityEastern Hattiesburg
Case Number2:2018cv00019
Date Filed2018-02-09
Date ClosedOpen
JudgeDistrict Judge Keith Starrett
PlaintiffGabino Ramos Hernandez
Case DescriptionGabino Hernandez submitted a FOIA request to U.S. Immigration and Customs Enforcement for records concerning an incident in which Hernandez was shot at by agents even though he had his hands in the air. The agency acknowledged receipt of the request. The agency denied the request on the basis of Exemption 7(A) (interference with ongoing investigation or proceeding). Hernandez filed an administrative appeal, which was denied by the agency. Hernandez then filed suit.
Complaint issues: Litigation - Attorney's fees

DefendantUnited States Bureau of Immigration and Custom Enforcement
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2018-02-091COMPLAINT against United States Bureau of Immigration and Custom Enforcement ( Filing fee $ 400 receipt number 0538-3634058), filed by Gabino Ramos Hernandez. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit A - Letter dated 9/29/2017, # 3 Exhibit B - Letter dated 11/27/2016)(LDR) (Entered: 02/09/2018)
2018-02-162MOTION for Timothy W. Cerniglia to Appear Pro Hac Vice by Gabino Ramos Hernandez (Carlisle, Arthur) (Entered: 02/16/2018)
2018-02-16TEXT ONLY ORDER denying 2 Motion to Appear Pro Hac Vice. The certificate of good standing is not current. See L.U.Civ. R. 83.1(d)(4). The motion is denied without prejudice to movants right to file a corrected motion in conformance with the local rules. No further written order will issue. Signed by Magistrate Judge Michael T. Parker on February 16, 2018 (KPM) (Entered: 02/16/2018)
2018-02-16DOCKET ANNOTATION as to 2 : Incorrect form has been used. Attorney is referred to the Court's website, mssd.uscourts.gov, under "Local Rules and General Orders", where official Form 6: Application for Admission Pro Hac Vice may be found. Attorney is directed to refile using the correct form. (LDR) (Entered: 02/16/2018)
2018-02-203Summons Issued as to United States Bureau of Immigration and Custom Enforcement, U.S. Attorney and U.S. Attorney General. (CS) (Entered: 02/20/2018)
2018-02-234MOTION for Timothy W. Cerniglia to Appear Pro Hac Vice by Gabino Ramos Hernandez (Carlisle, Arthur) (Entered: 02/23/2018)
2018-02-23TEXT ONLY ORDER granting 4 Motion to Appear Pro Hac Vice. Timothy W. Cerniglia is hereby admitted pro hac vice upon payment of the pro hac admission fee and registering for electronic filing. No further written order will issue. Signed by Magistrate Judge Michael T. Parker on February 23, 2018 (KPM) (Entered: 02/23/2018)
2018-02-26Pro Hac Vice fee paid by Timothy W. Cerniglia $ 100, receipt number 24643005602 (LDR) (Entered: 02/26/2018)
2018-03-135SUMMONS Returned Executed by Gabino Ramos Hernandez. United States Bureau of Immigration and Custom Enforcement served on 3/7/2018, answer due 3/28/2018. (Carlisle, Arthur) (Entered: 03/13/2018)
2018-03-136SUMMONS Returned Executed by Gabino Ramos Hernandez. United States Bureau of Immigration and Custom Enforcement served on 3/2/2018, answer due 3/28/2018. (Carlisle, Arthur) (Entered: 03/13/2018)
2018-05-017Unopposed MOTION for Extension of Time to File Answer by United States Bureau of Immigration and Custom Enforcement (Williams-Federal Gov, Angela) (Entered: 05/01/2018)
2018-05-01TEXT ONLY ORDER granting 7 Unopposed Motion for Extension of Time to Answer. United States Bureau of Immigration and Custom Enforcement answer due 6/15/2018. No further written order will issue. Signed by Magistrate Judge Michael T. Parker on May 1, 2018 (KPM) (Entered: 05/01/2018)
2018-05-02DOCKET ANNOTATION as to 7 : Wrong division is listed. Attorney is directed to correct the error in future filings to read, Eastern Division. (LDR) (Entered: 05/02/2018)
2018-06-158ANSWER to 1 Complaint, by United States Bureau of Immigration and Custom Enforcement.(Williams-Federal Gov, Angela) (Entered: 06/15/2018)
2019-01-189ORDER STAYING CASE due to lapse of appropriations. Signed by Chief District Judge Daniel P. Jordan, III on 1/16/2019 (SAM) (Entered: 01/18/2019)
2019-03-01TEXT ONLY ORDER lifting the stay imposed by Order 9 . The stay is hereby lifted and a case management conference will be set by separate order. No further written order will issue. Signed by Magistrate Judge Michael T. Parker on March 1, 2019 (KPM) (Entered: 03/01/2019)
2019-03-0110Rule 16(a) Initial Order: Telephonic Case Management Conference set for 3/29/2019 9:30 AM before Magistrate Judge Michael T. Parker. Counsel shall dial 1.888.273.3658, code 1055457 to connect to the call. Confidential settlement memoranda are due on or before 3/26/19. (KPM) (Entered: 03/01/2019)
2019-03-04AMENDED TEXT ONLY ORDER LIFTING STAY. The stay imposed by Order 9 is hereby lifted. No further written order will issue. Signed by Magistrate Judge Michael T. Parker on March 4, 2019 (KPM) (Entered: 03/04/2019)
2019-03-29Minute Entry for proceedings held before Magistrate Judge Michael T. Parker: Telephonic Case Management Conference held on 3/29/2019. An abbreviated scheduling order will be entered. PARTICIPANTS: Arthur Carlisle and Tim Cerniglia for plaintiff; Angela Williams for defendant. (KPM) (Entered: 03/29/2019)
2019-03-2911CASE MANAGEMENT ORDER. Nondispositive motions due by 5/1/2019; dispositive motions due by 7/31/2019. Signed by Magistrate Judge Michael T. Parker on March 29, 2019. (js) (Entered: 03/29/2019)
2019-04-1512NOTICE of Service of Vaughn Index Disclosure by United States Bureau of Immigration and Custom Enforcement (Williams-Federal Gov, Angela) (Entered: 04/15/2019)
2019-04-15DOCKET ANNOTATION as to 12 : Wrong division is listed. Attorney is directed to correct the error in future filings to read, Eastern Division. (LDR) (Entered: 04/15/2019)
2019-04-1813MOTION to Dismiss by Gabino Ramos Hernandez (Attachments: # 1 Exhibit Proposed Order to Dismiss)(Cerniglia - PHV, Timothy) (Entered: 04/18/2019)
2019-04-19DOCKET ANNOTATION as to 13 : Proposed orders are not to be electronically filed as a separate pleading or as an attachment to a pleading, but instead are to be provided to chambers by e-mail (Court's Administrative Procedures for Electronic Case Filing Sec.5.B.). (LDR) (Entered: 04/19/2019)
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by FOIA Project Staff
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