Initiating Pleading & IFP Application Received on 9/12/2019. A copy of the docket sheet has been mailed to the address of record for the pro se party. (zjd) (Entered: 09/20/2019)
COMPLAINT against FEDERAL BUREAU OF INVESTIGATION, UNITED STATES ATTORNEY GENERAL filed by KEVIN P. SMITH. (Attachment: # 1 Exhibits)(zjd) (Entered: 09/20/2019)
2019-09-12
2
MOTION for Leave to Proceed in forma pauperis by KEVIN P. SMITH. (zjd) (Entered: 09/20/2019)
2019-10-08
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. Pro Se party has been notified by first class mail. Signed by Judge Christopher R. Cooper on 10/7/19. (zmd) (Entered: 10/11/2019)
2019-10-25
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PRISONER TRUST FUND ACCOUNT STATEMENT for period of six months by KEVIN P. SMITH (zsb) (Entered: 11/05/2019)
2020-01-03
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ORDER directing an initial partial filing fee in the amount of $30.82 from Prison Account of KEVIN P. SMITH and granting MOTION for Leave to Proceed In Forma Pauperis (see order for full details). Pro Se party has been notified by first class mail. Signed by Judge Randolph D. Moss on 12/20/2019. (zmd) (Entered: 01/03/2020)
2020-01-03
Case Reassigned to Judge Dabney L. Friedrich. Unassigned is no longer assigned to the case. (zmd) (Entered: 01/03/2020)
2020-01-08
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SUMMONS (3) Issued as to FEDERAL BUREAU OF INVESTIGATION, UNITED STATES ATTORNEY GENERAL, and U.S. Attorney (adh, ) (Entered: 01/08/2020)
2020-01-14
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RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. FEDERAL BUREAU OF INVESTIGATION served on 1/13/2020, RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 1/13/2020., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 1/13/2020. ( Answer due for ALL FEDERAL DEFENDANTS by 2/12/2020.) (zeg) (Entered: 01/15/2020)
2020-01-16
8
AMENDED COMPLAINT against All Defendants with Jury Demand filed by KEVIN P. SMITH.(eg) (Entered: 01/21/2020)
2020-02-03
9
MOTION for Extension of Time to File Answer re 1 Complaint, 8 Amended Complaint or Otherwise Repond by WILLIAM BARR, FEDERAL BUREAU OF INVESTIGATION (Tepe, Sean) (Entered: 02/03/2020)
2020-02-18
10
SUPPLEMENT to re 8 Amended Complaint filed by KEVIN P. SMITH. "LET THIS BE FILED". Signed by Judge Dabney L. Friedrich on 02/18/2020. (eg) (Entered: 02/19/2020)
2020-02-27
MINUTE ORDER granting the parties' 9 Joint Motion for Extension of Time to Respond to Complaint. Accordingly, the defendant shall respond to the 1 Complaint on or before April 13, 2020. So Ordered by Judge Dabney L. Friedrich on February 27, 2020. (lcdlf3) (Entered: 02/27/2020)
2020-04-06
11
MOTION for Extension of Time to File Answer re 8 Amended Complaint or Otherwise Respond by WILLIAM P. BARR, FEDERAL BUREAU OF INVESTIGATION (Tepe, Sean) (Entered: 04/06/2020)
2020-04-07
MINUTE ORDER granting the defendants' 11 Motion for Extension of Time to Respond to File Answer. Accordingly, the defendants shall respond to the 8 Amended Complaint on or before June 12, 2020. So Ordered by Judge Dabney L. Friedrich on April 7, 2020. (lcdlf3) (Entered: 04/07/2020)
2020-04-27
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MOTION for Default Judgment by KEVIN P. SMITH. "Let this be filed" Signed by Judge Dabney L. Friedrich on 04/27/2020 (Attachment: # 1 Exhibit)(eg) (Entered: 04/27/2020)
2020-04-28
MINUTE ORDER. The Court is in receipt of the plaintiff's 12 Motion for Default Judgment. To the extent the plaintiff's motion is an opposition to the defendant's 11 Motion for Extension of Time, the Court received the plaintiff's filing after it had already granted the defendant's motion based on good cause. See April 7, 2020 Minute Order. Accordingly, the Court DENIES the plaintiff's 12 Motion for Default Judgment because the government has appeared in the case. See Fed. R. Civ. P. 55. The government is directed to file an answer the 1 Complaint on or before June 12, 2020, and the Court is not inclined to grant any further extensions. So Ordered by Judge Dabney L. Friedrich on April 28, 2020. (lcdlf3) (Entered: 04/28/2020)
2020-04-28
Set/Reset Deadlines: Answer due by 6/12/2020, (zjch) (Entered: 04/28/2020)
2020-06-12
13
MOTION to Dismiss Federal Defendants' Motion to Dismiss Am. Compl. for Improper Venue by WILLIAM P. BARR, FEDERAL BUREAU OF INVESTIGATION, UNITED STATES OF AMERICA (Attachments: # 1 Text of Proposed Order)(Tepe, Sean) (Entered: 06/12/2020)
2020-06-16
MINUTE ORDER. Before the Court is the federal defendants' 13 Motion to Dismiss. The plaintiff is ORDERED to file any opposition in response to the 13 Motion to Dismiss on or before July 7, 2020. If the plaintiff fails to file an opposition, pursuant to Fox v. Strickland , 837 F.2d 507 (D.C. Cir. 1988), the Court may (1) treat the motion as conceded, (2) rule on the defendants motion based on the defendants' arguments alone; or (3) dismiss the plaintiff's claims for failure to prosecute. It is further ORDERED that the Clerk of the Court shall mail a copy of this minute order to the plaintiff's address of record. So Ordered by Judge Dabney L. Friedrich on June 16, 2020. (lcdlf3) (Entered: 06/16/2020)
2020-06-16
14
NOTICE of Misconduct by KEVIN P. SMITH (eg) (Entered: 06/18/2020)
2020-06-19
MINUTE ORDER. The Court has received the plaintiffs 14 Notice of Misconduct, in which he alleges that he has been denied medical treatment. The defendants are directed to file, on or before June 24, 2020, a response to the plaintiff's notice. So Ordered by Judge Dabney L. Friedrich on June 19, 2020. (lcdlf3) (Entered: 06/19/2020)
2020-06-19
Set/Reset Deadlines: Defendants' Response due by 6/24/2020. (zjd) (Entered: 06/23/2020)
2020-06-24
15
RESPONSE TO ORDER OF THE COURT re Order, and Response to Notice of Misconduct filed by WILLIAM P. BARR, FEDERAL BUREAU OF INVESTIGATION, UNITED STATES OF AMERICA. (Attachments: # 1 Declaration of Jonathan Kerr)(Tepe, Sean) (Entered: 06/24/2020)
2020-07-09
16
NOTICE of Change of Address by KEVIN P. SMITH (eg) (Entered: 07/10/2020)
2020-07-16
17
Mail Returned as Undeliverable; Sent to Kevin P. Smmith; Type of Document Returned: Minute Order issued 6/19/2020; Resent at New Address: Rikers Island, 18-18 Hazen st. East Elmhurst, NY, 11370. (zjch) (Entered: 07/16/2020)
2020-07-17
18
Mail Returned as Undeliverable; Sent to Kevin P. Smith; Type of Document Returned: Docket Sheet; (eg) (Entered: 07/21/2020)
2020-07-29
19
Letter from KEVIN P. SMITH; Letter. "Let this be filed" Signed by Judge Dabney L. Friedrich. (eg) (Entered: 07/29/2020)
2020-07-29
MINUTE ORDER. The Court is in receipt of the plaintiff's 16 Notice of Change of Address and 19 Letter. It appears that the plaintiff may not have received the Court's recent orders due to a change in address. Accordingly, the plaintiff is ORDERED to file any opposition in response to the defendants' 13 Motion to Dismiss on or before August 26, 2020. If the plaintiff fails to file an opposition, pursuant to Fox v. Strickland, 837 F.2d 507 (D.C. Cir. 1988), the Court may (1) treat the motion as conceded, (2) rule on the defendants motion based on the defendants' arguments alone; or (3) dismiss the plaintiff's claims for failure to prosecute. It is further ORDERED that the Clerk of the Court shall mail a copy of this minute order to the plaintiff's updated address of record. So Ordered by Judge Dabney L. Friedrich on July 29, 2020. (lcdlf3) (Entered: 07/29/2020)
2020-08-05
20
Mail Returned as Undeliverable; Sent to Kevin Smith; Type of Document Returned: Minute Order date 6/16/2020; Resent at New Address: 18-18 Hazen St., East Elmhurst, NY. (zjch) (Entered: 08/05/2020)
2020-08-19
21
Mail Returned as Undeliverable; Sent to Kevin Smith; Type of Document Returned: Minute Order Issued 7/29/2020; Resent at New Address: 18-18 Hazen St. East Elmhurst, NY 11370. (zjch) (Entered: 08/19/2020)
2020-08-27
22
NOTICE of Change of Address by KEVIN P. SMITH (eg) (Entered: 08/31/2020)
2020-09-09
23
ORDER granting the defendants' 13 Motion to Dismiss for Improper Venue. See text for details. The Clerk of Court is directed to close this case. Signed by Judge Dabney L. Friedrich on September 9, 2020 (lcdlf3) (Entered: 09/09/2020)
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