| Date Filed | Doc # | Docket Text |
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| 2016-11-16 | 1 | COMPLAINT against FEDERAL BUREAU OF PRISONS (Filing fee $ 0.00) filed by MICHAEL S. EVANS. (Attachment: # 1 Civil Cover Sheet)(jd) (Entered: 11/21/2016) |
| 2016-11-16 | 2 | MOTION for Leave to Proceed in forma pauperis by MICHAEL S. EVANS (jd) (Entered: 11/21/2016) |
| 2016-11-16 | | Initiating Pleading & IFP Application Received on 10/25/2016. (jd) (Entered: 11/21/2016) |
| 2016-11-16 | 3 | PRO SE ORDER directing within 30 days of this Order, unless an extension of time is granted, plaintiff to provide a six month trust fund prisoner account statement and failure to comply will result in dismissal of case. Plaintiff shall provide the requested information specific within this order.. Signed by Judge Randolph D. Moss on 11/10/2016. (jd) (Entered: 11/21/2016) |
| 2016-12-05 | 4 | PRISONER TRUST FUND ACCOUNT STATEMENT for period of six months by MICHAEL S. EVANS (jd) (Entered: 12/07/2016) |
| 2017-01-26 | 5 | ORDER directing an initial partial filing fee in the amount of $12.69 from Prison Account of MICHAEL S. EVANS and granting 2 MOTION for Leave to Proceed In Forma Pauperis (see order for full details). Signed by Chief Judge Beryl A. Howell on 1/24/2017. (zrdj) (Entered: 01/26/2017) |
| 2017-03-03 | | Partial Filing Fee Received from MICHAEL S. EVANS in the amount of $12.69, receipt number: 4616083352. (zrdj) (Entered: 03/06/2017) |
| 2017-04-19 | | Case Assigned to Chief Judge Beryl A. Howell. (sb) (Entered: 04/19/2017) |
| 2017-04-20 | 6 | SUMMONS (3) Issued as to FEDERAL BUREAU OF PRISONS, U.S. Attorney and U.S. Attorney General (sb) (Entered: 04/21/2017) |
| 2017-05-01 | 7 | RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 4/27/2017. (zrdj) (Entered: 05/02/2017) |
| 2017-05-12 | | Partial Filing Fee Received from MICHAEL S. EVANS in the amount of $3.20, receipt number: 4616084519. (zrdj) (Entered: 05/12/2017) |
| 2017-05-23 | 8 | NOTICE of Appearance by Johnny Hillary Walker, III on behalf of FEDERAL BUREAU OF PRISONS (Attachments: # 1 Certificate of Service)(Walker, Johnny) (Entered: 05/23/2017) |
| 2017-05-30 | 9 | RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. FEDERAL BUREAU OF PRISONS served on 5/22/2017, RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 5/22/2017. ( Answer due for ALL FEDERAL DEFENDANTS by 6/21/2017.) (jf) (Entered: 05/31/2017) |
| 2017-06-02 | 10 | MOTION to Appoint Counsel by MICHAEL S. EVANS (jf) (Entered: 06/05/2017) |
| 2017-06-12 | 11 | ORDER denying without prejudice the plaintiff's 10 Motion to Appoint Counsel. Signed by Chief Judge Beryl A. Howell on 6/12/17. (ms) (Entered: 06/12/2017) |
| 2017-06-21 | 12 | ANSWER to 1 Complaint by FEDERAL BUREAU OF PRISONS. (Attachments: # 1 Certificate of Service)(Walker, Johnny) (Entered: 06/21/2017) |
| 2017-06-22 | | MINUTE ORDER: This action proceeds under the Freedom of Information Act against the Federal Bureau of Prisons, a component of the United States Department of Justice. Before the Court are this incarcerated plaintiff's pro se complaint and defendant's answer. The requirements of Local Civil Rule 16.3 and Federal Rules of Civil Procedure Rule 26(f) do not apply. It is hereby ORDERED that defendant shall file a proposed schedule for filing dispositive motions by July 21, 2017. Signed by Chief Judge Beryl A. Howell on 6/22/17. (ms) (Entered: 06/22/2017) |
| 2017-06-30 | 13 | MOTION to Appoint Counsel by MICHAEL S. EVANS (zrdj) (Entered: 07/03/2017) |
| 2017-07-10 | 14 | SUPPLEMENT re 13 MOTION to Appoint Counsel filed by MICHAEL S. EVANS. (zrdj) (Entered: 07/12/2017) |
| 2017-07-21 | 15 | PROPOSED BRIEFING SCHEDULE by FEDERAL BUREAU OF PRISONS. (Attachments: # 1 Certificate of Service)(Walker, Johnny) (Entered: 07/21/2017) |
| 2017-07-27 | | MINUTE ORDER: It is hereby ORDERED that the plaintiff's motion to appoint counsel 13 is DENIED WITHOUT PREJUDICE for the same reasons set forth in the Court' June 12, 2017 Order. It is FURTHER ORDERED that the defendant shall file its motion for summary judgment by August 21, 2017; the plaintiff shall file his opposition and cross-motion, if any, by September 20, 2017; the defendant shall file its opposition and reply by October 20, 2017; and the plaintiff shall file his reply by November 20, 2017. Signed by Chief Judge Beryl A. Howell on 7/27/17. (ms) (Entered: 07/27/2017) |
| 2017-07-27 | | Set/Reset Deadlines: Summary Judgment motion due by 8/21/2017; Cross-Motion and Opposition to Motion for Summary Judgment due by 9/20/2017; Opposition to Cross-Motion and Reply to Opposition to Motion for Summary Judgment due by 10/20/2017; Reply to Opposition to Cross Motion due by 11/20/2017. (tg) (Entered: 07/27/2017) |
| 2017-08-21 | 16 | MOTION for Summary Judgment by FEDERAL BUREAU OF PRISONS (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Declaration of Sharon Wahl (with exhibits), # 4 Text of Proposed Order, # 5 Certificate of Service)(Walker, Johnny) (Entered: 08/21/2017) |
| 2017-08-28 | 17 | Order advising plaintiff to respond by 9/20/2017 to the defendant's 16 Motion for Summary Judgment. Signed by Chief Judge Beryl A. Howell on 8/28/17. (ms) (Entered: 08/28/2017) |
| 2017-08-28 | | Set/Reset Deadlines: Plaintiff Response due by 9/20/2017 To The Defendant's 16 Motion For Summary Judgment. (mac) (Entered: 08/28/2017) |
| 2017-08-28 | 18 | MOTION to Appoint Counsel by MICHAEL S. EVANS (jf) (Entered: 08/29/2017) |
| 2017-08-30 | | MINUTE ORDER: Plaintiff's 18 Motion to Appoint Counsel is hereby DENIED. Signed by Chief Judge Beryl A. Howell on 8/30/17. (ms) (Entered: 08/30/2017) |
| 2017-09-22 | 19 | Memorandum in opposition to re 16 MOTION for Summary Judgment filed by MICHAEL S. EVANS. (zrdj) (Entered: 09/26/2017) |
| 2017-10-03 | 20 | REPLY to opposition to motion re 16 MOTION for Summary Judgment filed by FEDERAL BUREAU OF PRISONS. (Attachments: # 1 Certificate of Service)(Walker, Johnny) (Entered: 10/03/2017) |
| 2017-11-08 | 21 | SURREPLY to re 16 MOTION for Summary Judgment filed by MICHAEL S. EVANS. "Leave to File GRANTED," signed by Chief Judge Beryl A. Howell. (zrdj) Modified to add fiat on 11/13/2017 (znmw). (Entered: 11/09/2017) |
| 2018-02-05 | 22 | ORDER granting 16 Defendant's Motion for Summary Judgment. This is a final appealable Order. Signed by Chief Judge Beryl A. Howell on 2/5/18. (ms) (Entered: 02/05/2018) |
| 2018-02-05 | 23 | MEMORANDUM AND OPINION. Signed by Chief Judge Beryl A. Howell on 2/5/18. (ms) (Entered: 02/05/2018) |
| 2018-02-05 | 24 | NOTICE of Change of Address by MICHAEL S. EVANS (zrdj) (Entered: 02/09/2018) |
| 2018-03-05 | 25 | NOTICE of Change of Address by MICHAEL S. EVANS (zrdj) (Entered: 03/07/2018) |
| 2018-03-05 | 26 | NOTICE OF APPEAL as to 22 Order on Motion for Summary Judgment, 23 Memorandum & Opinion by MICHAEL S. EVANS. Fee Status: No Fee Paid. Parties have been notified. (zrdj) (Entered: 03/07/2018) |
| 2018-03-07 | 27 | Transmission of the Notice of Appeal, Order Appealed (Memorandum Opinion), 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 26 Notice of Appeal. (zrdj) (Entered: 03/07/2018) |
| 2018-03-13 | | USCA Case Number 18-5068 for 26 Notice of Appeal filed by MICHAEL S. EVANS. (zrdj) (Entered: 03/13/2018) |
| 2018-04-26 | 28 | ORDER of USCA ORDERED that the motion to appeal in forma pauperis be referred to the district court for resolution in the first instance and that this case be held in abeyance pending further order of the court as to 26 Notice of Appeal filed by MICHAEL S. EVANS. USCA Case Number 18-5068. (zrdj) (Entered: 04/30/2018) |
| 2018-04-26 | 29 | MOTION for Leave to Appeal in forma pauperis by MICHAEL S. EVANS (zrdj) (Entered: 04/30/2018) |
| 2018-05-01 | | MINUTE ORDER: The plaintiff's 29 Motion for Leave to Appeal in forma pauperis is hereby GRANTED. Signed by Chief Judge Beryl A. Howell on 5/1/18. (ms) (Entered: 05/01/2018) |
| 2018-05-01 | 30 | Supplemental Record on Appeal transmitted to US Court of Appeals re 29 MOTION for Leave to Appeal in forma pauperis, 26 Notice of Appeal. USCA Case Number 18-05068. (zrdj) (Entered: 05/01/2018) |
| 2020-05-05 | 31 | MANDATE of USCA as to 26 Notice of Appeal filed by MICHAEL S. EVANS ; USCA Case Number 18-5068. (Attachments: # 1 USCA Judgment)(zrdj) (Entered: 05/05/2020) |
| 2020-05-05 | | MINUTE ORDER (paperless) DIRECTING, in light of the 31 Mandate issued by the D.C. Circuit, defendant to file a proposed schedule for further proceedings in this matter by May 12, 2020. Signed by Chief Judge Beryl A. Howell on May 5, 2020. (lcbah4) (Entered: 05/05/2020) |
| 2020-05-06 | | Set/Reset Deadlines: Defendant's response to Order of the Court due by 5/12/2020. (tg) (Entered: 05/06/2020) |
| 2020-05-12 | 32 | PROPOSED BRIEFING SCHEDULE by FEDERAL BUREAU OF PRISONS. (Walker, Johnny) (Entered: 05/12/2020) |
| 2020-05-15 | | MINUTE ORDER: On consideration of the 32 Proposed Briefing Schedule filed by FEDERAL BUREAU OF PRISONS, it is hereby ORDERED that Defendant shall file its renewed motion for summary judgment by June 11, 2020; Plaintiff shall file his opposition by July 13, 2020; and Defendant shall file its Reply by August 3, 2020. Signed by Chief Judge Beryl A. Howell on 5/15/20. (ms) (Entered: 05/15/2020) |
| 2020-05-15 | | Set/Reset Deadlines: Renewed motion for summary judgment due by 6/11/2020; opposition due by 7/13/2020; reply due by 8/3/2020. (tg) (Entered: 05/15/2020) |
| 2020-06-05 | 33 | Mail Returned as Undeliverable. Mail Sent to Michael S. Evans; Type of Document Returned: Minute Order entered on 5/5/2020; New Address: Unknown. (tg) (Entered: 06/05/2020) |
| 2020-06-11 | 34 | MOTION for Summary Judgment by FEDERAL BUREAU OF PRISONS (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Declaration of Sarah Lilly, # 4 Declaration of Dustin Nee, # 5 Text of Proposed Order, # 6 Certificate of Service)(Walker, Johnny) (Entered: 06/11/2020) |
| 2020-06-12 | 35 | Order advising plaintiff to respond by July 13, 2020 to 34 Defendant's Motion for Summary Judgment. The the Clerk of Court shall mail a copy of this Order to Plaintiff at his current address of record and at the following address: P.O. Box. 2342, Dayton, OH 45401. Signed by Chief Judge Beryl A. Howell on 6/12/20. (ms) (Entered: 06/12/2020) |
| 2020-06-26 | 36 | Mail Returned as Undeliverable. Mail Sent to Michael S. Evans; Type of Document Returned: 35 Order; New Address: unknown. (ztg) (Entered: 06/26/2020) |
| 2020-07-17 | 37 | MOTION for Extension of Time, MOTION to Appoint Counsel by MICHAEL S. EVANS (zrdj) (Entered: 07/23/2020) |
| 2020-07-24 | | MINUTE ORDER: It is hereby ORDERED that plaintiff's motion for appointment of counsel 37 is DENIED, and that his motion for an extension of time 37 is GRANTED. It is further ORDERED that plaintiff shall file his opposition or other response to defendant's summary judgment motion by August 21, 2020, and that defendant shall file its reply by September 11, 2020. The Clerk of Court shall send a copy of this Order to plaintiff at his current address of record and at the following address: P.O. Box. 2342, Dayton, OH 45401. Signed by Chief Judge Beryl A. Howell on 7/24/20. (ms) (Entered: 07/24/2020) |
| 2020-08-14 | 38 | Mail Returned as Undeliverable; Sent to Michael Evans; Type of Document Returned: Minute Order entered on 7/24/2020 (copy mailed to McDowell, Welch, WV); New Address: Unknown. (hmc) Modified on 8/20/2020 (hmc). (Entered: 08/14/2020) |
| 2020-10-28 | 39 | ORDER denying 34 Defendant's Motion for Summary Judgment without prejudice and dismissing this civil action without prejudice. Signed by Chief Judge Beryl A. Howell on 10/28/20. (psu2) (Entered: 10/28/2020) |
| 2020-11-20 | 40 | Mail Returned as Undeliverable. Mail Sent to Michael S. Evans to McDowell FCI; Type of Document Returned: 39 Order; New Address: The Order was also sent to the party's new address in Dayton, OH. (ztg) (Entered: 11/20/2020) |
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