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Case TitleMabie v. US Attorneys Office et al
DistrictSouthern District of Illinois
CityEast St. Louis
Case Number3:2018cv01939
Date Filed2018-10-12
Date Closed2020-03-31
JudgeMagistrate Judge Mark A. Beatty
PlaintiffWilliam Mabie
Case DescriptionWilliam Mabie, a federal prisoner, submitted FOIA requests to the U.S. Attorney's Office for the Eastern District of Missouri, the FBI, and the Bureau of Prisons for records about himself. After hearing nothing further from either agency, Mabie filed suit.
Complaint issues: Failure to respond within statutory time limit

DefendantUS Attorneys Office EDMO
DefendantEOUSA substituted for USAO/EDMO on 10/7/2019
DefendantFBI
DefendantUS Bureau of Prisons
Documents
Docket
Complaint
Opinion/Order [18]
Opinion/Order [35]
FOIA Project Annotation: A federal court in Illinois has ruled that federal prisoner William Mabie should be sanctioned for his abuse of the judicial system. After a number of incidents involving threats to government employees, the court agreed that Mabie's current suit against the FBI, the Bureau of Prisons, and the Executive Office of U.S. Attorneys should be dismissed. The court pointed out that "Plaintiff used profane, belligerent, and abusive language when speaking to opposing counsel. He leveled unfounded accusations at opposing counsel. He insulted a judge and Court employees and impugned the integrity of judicial proceedings in the federal courts. And then Plaintiff irretrievably crossed any and all bounds of acceptable behavior when he threatened opposing counsel. Such conduct is beyond the pale. It cannot be tolerated and it undoubtedly warrants sanctions. While Plaintiff has not filed a response to Defendant's motion, the Court is quite confident there is nothing he could say that would excuse his statements or insulate him from sanctions."
Issues: Litigation - Sanctions
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2018-10-121COMPLAINT against All Defendants filed by William Mabie.(cjo) (Entered: 10/12/2018)
2018-10-122MOTION for Leave to Proceed in forma pauperis filed by William Mabie. (cjo) (Entered: 10/12/2018)
2018-10-123Notice of Judge Assignment. Judge Staci M. Yandle and Magistrate Judge Donald G. Wilkerson assigned. All future documents must bear case number 18-1939-SMY-DGW. If the parties consent to Magistrate Judge assignment, the consent form with instruction is attached for your convenience. Refer to the pro se litigant guide, found on the ILSD website, for further information. (Attachments: # 1 Letter to Plaintiff)(cjo) (Entered: 10/12/2018)
2018-10-304CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (cjo) Unsealed on 12/5/2019 (kek). (Entered: 10/30/2018)
2018-11-285Letter from Plaintiff. (related document 2 MOTION for Leave to Proceed in forma pauperis filed by William Mabie) (cjo) (Entered: 11/29/2018)
2019-01-086Case reassigned to Magistrate Judge Mark A. Beatty. Magistrate Judge Donald G. Wilkerson no longer assigned to the case. (jaj) (Entered: 01/08/2019)
2019-01-107ORDER: Plaintiff has filed a Motion for Leave to Proceed In Forma Pauperis ("IFP") in this case (Doc. 2 ), but has failed to provide the necessary certified prisoner trust fund account information as required by the PLRA to determine whether the inmate is entitled to proceed without prepaying fees and costs. Pursuant to 28 U.S.C. Section 1915(b)(1), the Court must review the prisoner trust fund account statement for the 6 month period immediately preceding the filing of this action. IT IS THEREFORE ORDERED that Plaintiff shall provide the Clerk of Court with the attached certification completed by the Trust Fund Officer at the facility and a copy of his/her trust fund account statement (or institutional equivalent) for the period 3/1/2018 TO 10/12/2018 no later than 45 days from the date of this order. Failure to do so will result in dismissal of this action for failure to comply with an Order of this Court. Fed. R. Civ. P. 41(b). See generally Ladien v. Astrachan , 128 F.3d 1051 (7th Cir. 1997); Johnson v. Kamminga , 34 F.3d 466 (7th Cir. 1994). The Clerk is DIRECTED to mail a copy of this Order and the certification form to the Trust Fund Officer at United States Penitentiary, Marion. Signed by Judge Staci M. Yandle on 1/10/2019. (bps) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 01/10/2019)
2019-02-048Prisoner Trust Fund Account Statement filed by William Mabie. (cjo) (Entered: 02/06/2019)
2019-02-259NOTICE of Change of Address by William Mabie rom USP Marion to AUSP Thomson. (jaj) (Entered: 02/25/2019)
2019-03-2810Prisoner Trust Fund Account Statement by William Mabie. (jaj) (Entered: 03/28/2019)
2019-04-1611ORDER GRANTING 2 Motion for Leave to Proceed in forma pauperis. Clerk of Court to effect service of process. Signed by Judge Staci M. Yandle on 4/16/2019. (sgp) (Entered: 04/16/2019)
2019-04-1612Summons Issued as to FBI, US Attorneys Office and US Bureau of Prisons. Copy of summons also sent to United States Attorney General as directed in the order at document 11. (trb) (Entered: 04/17/2019)
2019-04-2313SUMMONS Returned Executed US Attorneys Office served on 4/19/2019, answer due 6/18/2019. (cjo) (Entered: 04/23/2019)
2019-04-2614SUMMONS Returned Executed FBI served on 4/23/2019, answer due 6/24/2019; US Bureau of Prisons served on 4/23/2019, answer due 6/24/2019. (cjo) (Entered: 04/26/2019)
2019-05-0815NOTICE of Appearance by Nicholas J. Biersbach on behalf of FBI, US Attorneys Office, US Bureau of Prisons (Biersbach, Nicholas) (Entered: 05/08/2019)
2019-05-0816MOTION to Dismiss for Lack of Prosecution Defendants' Motion to Dismiss for Failure to Prosecute and for Failure to Comply with Court Order by FBI, US Attorneys Office, US Bureau of Prisons. Responses due by 6/10/2019 (Biersbach, Nicholas) (Entered: 05/08/2019)
2019-05-0817MOTION to Stay Answer Deadlines by FBI, US Attorneys Office, US Bureau of Prisons. (Biersbach, Nicholas) (Entered: 05/08/2019)
2019-05-2118ORDER DENYING without prejudice Motion to Dismiss for Lack of Prosecution (Doc. 16 ) and DENYING Motion to Stay (Doc. 17 ). Signed by Judge Staci M. Yandle on 5/21/2019. (sgp) (Entered: 05/21/2019)
2019-05-2119MOTION for Extension of Time to File Answer by FBI, US Attorneys Office, US Bureau of Prisons. (Biersbach, Nicholas) (Entered: 05/21/2019)
2019-05-2220ORDER GRANTING MOTION for Extension of Time to File Answer filed by FBI, US Attorneys Office, US Bureau of Prisons (Doc. 19 ). FBI answer due 6/14/2019; US Attorneys Office answer due 6/14/2019; US Bureau of Prisons answer due 6/14/2019. Signed by Judge Staci M. Yandle on 5/22/2019. (sgp)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 05/22/2019)
2019-06-0321RETURN OF SERVICE EXECUTED on 04/23/2019 as to FBI. (cjo) (Entered: 06/05/2019)
2019-06-1322MOTION to Substitute Party Motion to Substitute EOUSA as a Defendant for the USAO/EDMO by US Attorneys Office. (Biersbach, Nicholas) (Entered: 06/13/2019)
2019-06-1323MOTION for Order to Defendants' Motion for Entry of Order Imposing a Summary Judgment/Dispositive Motion Deadline by FBI, US Attorneys Office, US Bureau of Prisons. (Biersbach, Nicholas) (Entered: 06/13/2019)
2019-06-1424ANSWER to 1 Complaint Defendants' Answer and Affirmative Defenses to Plaintiff's Complaint by FBI, US Attorneys Office, US Bureau of Prisons.(Biersbach, Nicholas) (Entered: 06/14/2019)
2019-06-1425MOTION for Partial Summary Judgment by Defendants EOUSA & BOP by US Attorneys Office, US Bureau of Prisons. Responses due by 7/18/2019 (Attachments: # 1 Exhibit A - Declaration of Erika Fenstermaker with Attachments 1 - 6, # 2 Exhibit B - Declaration of Ebony Griffin with Attachments 1 - 4, # 3 Exhibit C - Declaration of Karen Schroeder)(Biersbach, Nicholas) (Entered: 06/14/2019)
2019-06-1426NOTICE by US Attorneys Office, US Bureau of Prisons Notice to Pro Se Plaintiff of Consequences of Failing to Respond to Defendants' Partial Motion for Summary Judgment (Biersbach, Nicholas) (Entered: 06/14/2019)
2019-07-1227CJRA TRACK B assigned: Final Pretrial Conference set for 8/19/2020 at 1:30 PM and Bench Trial set for 8/31/2020 at 9:00 AM in Benton Courthouse before Judge Staci M. Yandle. (Attachments: # 1 Consent to Magistrate Judge)(slh) (Entered: 07/12/2019)
2019-09-1728MOTION to Dismiss as Sanctions for Bad Faith Conduct by FBI, US Attorneys Office, US Bureau of Prisons. Responses due by 10/21/2019 (Attachments: # 1 Exhibit A - Mailing Dated May 13, 2019, # 2 Exhibit B - Mailing with Writing on Certificate of Service, # 3 Exhibit C - Mailing Received September 16, 2019)(Biersbach, Nicholas) (Entered: 09/17/2019)
2019-10-0229MOTION for Summary Judgment Motion for Partial Summary Judgment by Defendant FBI by FBI. Responses due by 11/4/2019 (Attachments: # 1 Exhibit 1 - Hardy Declaration, # 2 Exhibit 2 - Fenstermaker Declaration)(Biersbach, Nicholas) (Entered: 10/02/2019)
2019-10-0230NOTICE by FBI Notice to Pro Se Plaintiff of Consequences of Failing to Respond to Defendant FBI's Partial Motion for Summary Judgment (Biersbach, Nicholas) (Entered: 10/02/2019)
2019-10-0731ORDER granting 22 Motion to Substitute Party. ; granting 23 Motion for Order. The Clerk is DIRECTED to substitute EOUSA as Defendant for the USAO/EDMO. Signed by Magistrate Judge Mark A. Beatty on 10/7/2019. (jer)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 10/07/2019)
2019-11-2132ORDER: Pursuant to Administrative Order 257, this case has been selected for reassignment to a Magistrate Judge. Within 21 days of this Order, any party not previously having filed a Notice and Consent to Proceed before a Magistrate Judge Jurisdiction form in this case must file the attached form indicating that party's consent to proceed before a Magistrate Judge or an affirmative declination to consent. Consent due by 12/12/2019.. Signed by Judge Staci M. Yandle on 11/21/2019. (Attachments: # 1 Administrative Order)(kls3) (Entered: 11/21/2019)
2019-12-0533FINAL CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (Biersbach, Nicholas) Unsealed on 12/5/2019 (kek). (Entered: 12/05/2019)
2019-12-0534ORDER: All parties have consented to have a United States Magistrate Judge conduct all proceedings in this case. Accordingly, this case is REFERRED to United States Magistrate Judge Mark A. Beatty. The Magistrate Judge shall conduct all proceedings and order the entry of a final judgment in accordance with 28 U.S.C. 636(c) and Federal Rule of Civil Procedure 73. Judge Staci M. Yandle no longer assigned to the case. All future documents must bear case number 18-cv-1939-MAB. Signed by Judge Staci M. Yandle on 12/5/2019. (kek)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 12/05/2019)
2020-03-3135ORDER GRANTING 28 Motion to Dismiss and FINDING AS MOOT 25 and 29 Motions for Summary Judgment. This matter is DISMISSED with prejudice as a sanction for Plaintiff's misconduct pursuant to the Court's inherent authority. Signed by Magistrate Judge Mark A. Beatty on 3/31/20. (klh2) (Entered: 03/31/2020)
2020-03-3136CLERK'S JUDGMENT. Signed by Magistrate Judge Mark A. Beatty on 3/31/20. (klh2) (Entered: 03/31/2020)
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by FOIA Project Staff
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