| Date Filed | Doc # | Docket Text |
|
| 2021-02-11 | 1 | COMPLAINT against Director, Office of Information Policy, Louis Vinson Franklin, Sr, filed by Freddie Demond Heard. (NO FILING FEE nor IFP received) (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Civil Cover Sheet)(djy, ) (Entered: 02/18/2021) |
| 2021-02-18 | 2 | ORDER directing that, pursuant to 28 U.S.C. 636, this case is referred to the United States Magistrate Judge for consideration and disposition or recommendation on all pretrial matters as may be appropriate. Signed by Honorable Judge Myron H. Thompson on 2/18/2021. (djy, ) (Entered: 02/18/2021) |
| 2021-04-19 | 3 | ORDER directing that by 4/30/2021, Plaintiff must pay the required fees or file a motion for leave to proceed in forma pauperis with the appropriate supporting affidavit. Failure to comply with this Order will result in a recommendation by the undersigned that this case be dismissed. Signed by Honorable Judge Kelly F. Pate on 4/19/2021. (djy, ) (Entered: 04/19/2021) |
| 2021-04-28 | 4 | MOTION for Leave to Proceed in forma pauperis by Freddie Demond Heard. (Attachments: # 1 Application IFP, # 2 Inmate Account Statement)(bes, ) (Entered: 04/28/2021) |
| 2021-04-29 | 5 | ORDER granting 4 Motion for Leave to Proceed in forma pauperis; The Clerk is directed to STAY service of process so the Court may conduct its obligatory review of the Complaint pursuant to 28 USC 1915(e). Signed by Honorable Judge Kelly F. Pate on 4/29/2021. (bes, ) (Entered: 04/29/2021) |
| 2021-04-30 | 6 | Received Filing fee: $ 402.00, receipt number 4602063150 (djy, ) (Entered: 04/30/2021) |
| 2021-05-07 | | (STRICKEN; ENTERED IN WRONG CASE) No objections filed to the 2 Recommendation. (No PDF attached to this entry) (amf, ) Modified on 5/7/2021 (amf, ). (Entered: 05/07/2021) |
| 2022-02-25 | 7 | ORDER: it is ORDERED that the STAY of service of process is LIFTED; The CLERK is DIRECTED to serve Dfts with a copy of the 1 Complaint by certified mail; The Clerk is DIRECTED to amend the docket to reflect that Sandra J. Stewart is now the Acting US Attorney. Signed by Honorable Judge Kelly F. Pate on 2/25/2022. (bes, ) (Entered: 02/25/2022) |
| 2022-02-25 | 8 | Summons Issued as to Director, Office of Information Policy, Sandra J. Stewart, U.S. Attorney, and U.S. Attorney General & mailed CMRRR with a copy of the 1 Complaint. (bes, ) (Entered: 02/25/2022) |
| 2022-03-02 | 9 | Return Receipt Card showing service of Summons & 1 Complaint, signed by E. Anderson for U.S. Attorney's Office, served on 2/28/2022, answer due 4/29/2022 for Director, Office of Information Policy & Sandra J. Stewart. (amf, ) (Entered: 03/02/2022) |
| 2022-03-02 | 10 | Return Receipt Card showing service of Summons & 1 Complaint, signed by E. Anderson for Sandra J. Stewart, served on 2/28/2022. (amf, ) (Entered: 03/02/2022) |
| 2022-03-10 | 11 | Return Receipt Card showing service of Summons & 1 Complaint, signed by Emily Sase for U.S. Attorney General, served on 3/7/2022. (amf, ) (Entered: 03/10/2022) |
| 2022-03-10 | 12 | Return Receipt Card showing service of Summons & 1 Complaint, signed by Emily Sase for Director, Office of Information Policy, served on 3/7/2022. (amf, ) (Entered: 03/10/2022) |
| 2022-04-29 | 13 | MOTION to Dismiss and MOTION for Summary Judgment filed by Director, Office of Information Policy, Sandra J. Stewart. (Attachments: # 1 Exhibit 1)(Bowdre, Marylou). Added MOTION for Summary Judgment on 4/29/2022 (amf, ). (Entered: 04/29/2022) |
| 2022-04-29 | 14 | Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement sent to Defendants Director, Office of Information Policy & Sandra J. Stewart; Corporate Disclosures due by 5/9/2022. (Attachments: # 1 Corporate/Conflict Disclosure Attachment)(amf, ) (Entered: 04/29/2022) |
| 2022-05-02 | 15 | Corporate/Conflict Disclosure Statement by Director, Office of Information Policy, Sandra J. Stewart re 14 Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement. (Bowdre, Marylou) Modified on 5/2/2022 to add the link to the 15 Notice (amf, ). (Additional attachment(s) added on 5/2/2022: # 1 Corrected Certificate of Service) (amf, ). (Entered: 05/02/2022) |
| 2022-05-25 | 16 | ORDER: it is ORDERED that Plaintiff must file a written response by 6/15/2022, and show cause why the 13 motion should not be granted. Defendants may file a reply by 6/29/2022. Signed by Honorable Judge Kelly F. Pate on 5/25/2022. (cwl, ) (Entered: 05/25/2022) |
| 2022-06-02 | 17 | MOTION Requesting to Stay the 16 5/25/2022 Order for Plaintiff to Respond by 6/15/2022 by Freddie Demond Heard, construed as a Motion for Extension of Deadline. (am, ) Modified on 6/6/2022 (am, ). (Entered: 06/02/2022) |
| 2022-06-06 | 18 | ORDER: Upon consideration of Plaintiff's 17 Motion Requesting Stay, which the Court construes as a Motion for Extension of Deadline, it is ORDERED that the motion is GRANTED; Plaintiff's deadline to respond to Defendants 13 Motion to Dismiss and Motion for Summary Judgment is EXTENDED to 6/28/2022; Defendants may file a reply by 7/11/2022; DIRECTING the Clerk to send Plaintiff a copy of Defendants' 13 Motion to Dismiss and Motion for Summary Judgment. Signed by Honorable Judge Kelly F. Pate on 6/6/2022. (mailed w/ 13 Motion, as directed)(am, ) (Entered: 06/06/2022) |
| 2022-06-29 | 19 | MOTION for Extension of Deadline by Freddie Demond Heard. (am, ) (Entered: 06/29/2022) |
| 2022-06-30 | 20 | ORDER: it is ORDERED that the 19 motion is GRANTED. Plaintiff's deadline to file a response is extended to 7/13/2022. Defendants may file a reply by 7/27/2022. Signed by Honorable Judge Kelly F. Pate on 6/30/2022. (cwl, ) (Entered: 06/30/2022) |
| 2022-08-02 | 21 | MOTION to Amend 1 Complaint, by Freddie Demond Heard. (Attachments: # 1 Amended Complaint)(am, ) (Entered: 08/02/2022) |
| 2022-09-20 | 22 | RECOMMENDATION OF THE MAGISTRATE JUDGE: the undersigned Magistrate Judge RECOMMENDS: 1. Defendants' 13 Motion to Dismiss be GRANTED; 2. Defendants' 13 Motion for Summary Judgment be DENIED as MOOT; 3. Heard's 21 Motion for Leave to Amend be DENIED; 4. This case be DISMISSED; Objections to R&R due by 10/4/2022. Signed by Honorable Judge Kelly F. Pate on 9/20/2022. (am, ) (Entered: 09/20/2022) |
| 2022-10-05 | | NO OBJECTIONS filed to the 22 Recommendation. (NO PDF attached to this entry) (am, ) (Entered: 10/05/2022) |
| 2022-10-07 | 23 | OBJECTION to 22 Recommendation of the Magistrate Judge by Freddie Demond Heard. (wcl, ) (Entered: 10/07/2022) |
| 2023-01-04 | 24 | OPINION. Signed by Honorable Judge Myron H. Thompson on 1/4/2023. (bes, ) (Entered: 01/04/2023) |
| 2023-01-04 | 25 | JUDGMENT: In accordance with the memorandum opinion entered today, it is the ORDER, JUDGMENT, and DECREE of the court that: (1) Plf's 23 objections are overruled; (2) The US Magistrate Judge's 22 recommendation is adopted to the extent set forth in the opinion entered today; (3) Dfts' 13 motion to dismiss plf's FOIA claim is granted; (4) Dfts' 13 motion for summary judgment is denied as moot; (5) Plf's 21 motion for leave to file an amended complaint is denied as futile; (6) To the extent plf pleaded a claim in the original 1 complaint based on the First Amendment right to petition the government, the claim is dismissed for the same reasons given in the opinion for denying the motion for leave to amend the complaint as futile because the claim is not cognizable under Bivens v. Six Unknown Named Agents of Fed. Bureau of Narcotics, 403 US 388 (1971); (7) This case is dismissed with prejudice; Costs are taxed against the plf, for which execution may issue. The clerk of the court is DIRECTED to enter this document on the civil docket as a final judgment pursuant to Rule 58 of the Federal Rules of Civil Procedure. This case is closed. Signed by Honorable Judge Myron H. Thompson on 1/4/2023. (bes, ) (Entered: 01/04/2023) |
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