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Case TitleHolmes v. IRS Disclosure Office et al
DistrictNorthern District of Georgia
CityAtlanta
Case Number1:2023cv01128
Date Filed2023-03-15
Date Closed2023-06-30
JudgeJudge Steve C. Jones
PlaintiffBrian Isiah Holmes, Jr.
Case DescriptionBrian-Isiah Holmes submitted a FOIA request to the IRS for records concerning his taxes since 2017. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Holmes filed suit.
Complaint issues: Failure to respond within statutory time limit

DefendantIRS Disclosure Office
DefendantJohn A. Carpenter IRS Disclosure Manager
DefendantA. Oyenekan IRS Disclosure Employee
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2023-02-281MOTION for Leave to Proceed in forma pauperis by Plaintiff Brian Isiah Holmes. (Attachments: # 1 Complaint, # 2 Civil Cover Sheet, # 3 Summons Form, # 4 USM form, # 5 Envelope) (er) [Transferred from Ohio Southern on 3/16/2023.] (Entered: 03/01/2023)
2023-03-152ORDER OF TRANSFER - Accordingly, the Clerk of Courts is hereby DIRECTED TO TRANSFER this case to the United States District Court for the Northern District of Georgia for all further proceedings. Signed by Magistrate Judge Peter B. Silvain, Jr on 3/15/23. (pb)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) [Transferred from Ohio Southern on 3/16/2023.] (Entered: 03/15/2023)
2023-03-15Case transferred to District of USDC Northern District of Georgia. Case file and docket sheet sent Electronically. (pb) [Transferred from Ohio Southern on 3/16/2023.] (Entered: 03/15/2023)
2023-03-163Case transferred in from District of Ohio Southern; Case Number 2:23-cv-00840. Original file certified copy of transfer order and docket sheet received. (Entered: 03/16/2023)
2023-03-16Submission of 1 MOTION for Leave to Proceed in forma pauperis, to Magistrate Judge J. Elizabeth McBath. (bgt) (Entered: 03/16/2023)
2023-03-224ORDER DENYING 1 Plaintiff's Motion for Leave to Proceed In Forma Pauperis. If Plaintiff wishes to proceed with this case, he is ORDERED to pay the total filing and administrative fees of $402.00 within 30 DAYS after the date of this Order. Signed by Magistrate Judge J. Elizabeth McBath on 03/22/2023. (ddm) (Entered: 03/23/2023)
2023-03-23Clerk's Certificate of Mailing as to Brian Isiah Holmes, Jr. re 4 Order. (ddm) (Entered: 03/23/2023)
2023-04-175MOTION for Reconsideration In Forma Pauperis Status re 4 Order by Brian Isiah Holmes, Jr.. (ddm) (Additional attachment(s) added on 4/24/2023: # 1 Corrected PDF of Motion) (ddm). (Additional attachment(s) added on 4/24/2023: # 2 Corrected PDF of Motion) (ddm). (Entered: 04/18/2023)
2023-04-24Notification of Docket Correction re 5 Motion for Reconsideration. Entry has been amended to reflect the corrected PDF of the motion. (ddm) (Entered: 04/24/2023)
2023-04-25Submission of 5 MOTION for Reconsideration re 4 Order ruling on IFP,, 4 Order ruling on IFP, to Magistrate Judge J. Elizabeth McBath. (pdw) (Entered: 04/25/2023)
2023-04-266ORDER GRANTING 5 Plaintiff's Motion for Reconsideration and directing Plaintiff to submit an updated application using the Northern District of Georgia's form. If Plaintiff wishes to proceed with this case, he is ORDERED, within 30 DAYS from the date of this Order, to complete and return the application for leave to proceed in forma pauperis with all required information, signatures, certifications, and attachments. Plaintiff is advised that he must pay the $350.00 filing fee from his inmate account even if he is allowed to proceed in forma pauperis. Signed by Magistrate Judge J. Elizabeth McBath on 04/26/2023. (ddm) (Entered: 04/26/2023)
2023-04-26Clerk's Certificate of Mailing as to Brian Isiah Holmes, Jr. re 6 Order, IFP Application. (ddm) (Entered: 04/26/2023)
2023-05-03Partial Filing Fee Paid: $ 58.60, receipt number 1-3366. (ddm) (Entered: 05/03/2023)
2023-05-227Affidavit and Authorization for withdrawal from Inmate Account by Brian Isiah Holmes, Jr.. (ddm) (Entered: 05/23/2023)
2023-05-23Submission of 7 Affidavit and Authorization for withdrawal from Inmate Account, to Magistrate Judge J. Elizabeth McBath. (ddm) (Entered: 05/23/2023)
2023-05-318ORDER GRANTING 7 Plaintiff's request for leave to proceed in forma pauperis. Plaintiff must pay the $291.40 balance of the statutory filing fee of $350.00 as funds are deposited in his inmate account pursuant to 28 U.S.C. § 1915(b)(2). Service of process shall not issue pending the Courts further consideration of this action under 28 U.S.C. § 1915A. Signed by Magistrate Judge J. Elizabeth McBath on 05/30/2023. (ddm) (Entered: 05/31/2023)
2023-05-31Clerk's Certificate of Mailing as to Brian Isiah Holmes, Jr. and to the Wardenof the Chillicothe Correctional Institution re 8 Order. (ddm) (Entered: 05/31/2023)
2023-06-129COMPLAINT filed by Brian Isiah Holmes, Jr.. (Attachments: # 1 Civil Cover Sheet)(ddm) Please visit our website at http://www.gand.uscourts.gov/commonly-used-forms to obtain Pretrial Instructions and Pretrial Associated Forms which includes the Consent To Proceed Before U.S. Magistrate form. (Entered: 06/13/2023)
2023-06-1210FINAL REPORT AND RECOMMENDATION RECOMMENDING that this action be DISMISSED pursuant to 28 U.S.C. § 1915A(b)(1). Signed by Magistrate Judge J. Elizabeth McBath on 06/12/2023. (ddm) (Entered: 06/13/2023)
2023-06-1211ORDER for Service of 10 Final Report and Recommendation by Magistrate Judge J. Elizabeth McBath. Each party may file written objections to the Report & Recommendation within 14 days of service. If no objections are filed, the Report & Recommendation may be adopted as the opinion and order of the District Court. Signed by Magistrate Judge J. Elizabeth McBath on 06/12/2023. (ddm) (Entered: 06/13/2023)
2023-06-13Clerk's Certificate of Mailing as to Brian Isiah Holmes, Jr. re 10 Final Report and Recommendation, 11 Order for Service of Report and Recommendation. (ddm) (Entered: 06/13/2023)
2023-06-30Submission of 10 FINAL REPORT AND RECOMMENDATION re 9 Complaint, filed by Brian Isiah Holmes, Jr., to District Judge Steve C. Jones. (pdw) (Entered: 06/30/2023)
2023-06-3012ORDER ADOPTING the 10 Final Report and Recommendation as the Opinion and Order of this Court and DISMISSING this action pursuant to 28 U.S.C. § 1915A(b)(1). Signed by Judge Steve C. Jones on 06/30/2023. (ddm) (Entered: 06/30/2023)
2023-06-3013CLERK'S JUDGMENT entered dismissing action. (ddm)--Please refer to http://www.ca11.uscourts.gov to obtain an appeals jurisdiction checklist-- (Entered: 06/30/2023)
2023-06-30Clerk's Certificate of Mailing as to Brian Isiah Holmes, Jr. re 12 Order, 13 Clerk's Judgment. (ddm) (Entered: 06/30/2023)
2023-06-30Civil Case Terminated. (ddm) (Entered: 06/30/2023)
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by FOIA Project Staff
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