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Case TitleWhipple v. U.S. Marshal Service et al
DistrictEastern District of Tennessee
CityKnoxville
Case Number3:2021cv00378
Date Filed2021-11-05
Date ClosedOpen
JudgeDistrict Judge Katherine A Crytzer
PlaintiffRobert Z Whipple, III
Case DescriptionRobert Whipple submitted a FOIA request to David Jolley at the U.S. Marshals Service for records on himself. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Whipple filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantDavid Jolley
DefendantDavid Jolley
TERMINATED: 06/28/2022
DefendantElaine Rivera
DefendantElaine Rivera
TERMINATED: 06/28/2022
DefendantCharlotte Luckstone
DefendantCharlotte Luckstone
TERMINATED: 06/28/2022
DefendantU.S. Marshal Service
DefendantU.S. Department of Justice
DefendantUnited States
DefendantUnited States
TERMINATED: 06/28/2022
DefendantLaurel County
DefendantLaurel County
TERMINATED: 06/10/2022
DefendantLt Cathers
DefendantLt Cathers
TERMINATED: 06/10/2022
DefendantCO Arthur
DefendantCO Arthur
TERMINATED: 06/10/2022
DefendantSgt Abner
DefendantSgt Abner
TERMINATED: 06/10/2022
DefendantCO Killburn
DefendantCO Killburn
TERMINATED: 06/10/2022
DefendantLatoyia Carpenter
DefendantLatoyia Carpenter
TERMINATED: 06/10/2022
Documents
Docket
Complaint
Opinion/Order [13]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2021-11-051Pro Se MOTION for Leave to Proceed in forma pauperis by Robert Z Whipple, III. (AYB) (Entered: 11/08/2021)
2021-11-052VERIFIED COMPLAINT against All Defendants filed by Robert Z Whipple, III. (AYB) (Entered: 11/08/2021)
2021-11-083Notice Regarding Requirement to Notify Court of Change of Address (mailed to Mr. Whipple c/o Laurel County Jail) (AYB) (Entered: 11/08/2021)
2021-11-224MOTION to Appoint Counsel by Robert Z Whipple, III. (ADA) (Entered: 11/22/2021)
2021-12-135Pro Se MOTION to Ascertain Status by Robert Z Whipple, III. (AYB) (Entered: 12/13/2021)
2021-12-226**STRICKEN FROM THE RECORD PURSUANT TO ORDER 10 ** AMENDED COMPLAINT against All Defendants., filed by Robert Z Whipple, III.(ABF) Modified on 4/22/2022 to note stricken from the record (AYB). (Entered: 12/22/2021)
2022-01-197Letter from Robert Z Whipple regarding status (Docket sheet mailed on 1/19/22) (ABF) (Entered: 01/19/2022)
2022-03-318MOTION for Emergency Temporary Restraining Order by Robert Z Whipple, III. (Attachments: # 1 Other Exhibits)(JBR) (Entered: 03/31/2022)
2022-04-119Pro Se MOTION to Withdraw Pleadings by Robert Z Whipple, III. (updated docket sheet mailed to Mr. Whipple) (AYB) (Entered: 04/11/2022)
2022-04-2110ORDER: the Court GRANTS the Motion to Withdraw Pleadings [Doc. 9], and the following motions are hereby WITHDRAWN [Docs. 4, 5, 8]. Further, the Court will deem Plaintiff's original Complaint [Doc. 2] as the operative pleading in this matter and will STRIKE Plaintiff's Amended Complaint [Doc. 6] from the record. Signed by Magistrate Judge Debra C Poplin on April 21, 2022. (copy mailed to Robert Z Whipple, III c/o LAUREL COUNTY JAIL, 440 HAMMOCK ROAD, LONDON, KY 40744) (AYB) (Entered: 04/21/2022)
2022-05-1811MOTION to Ascertain Status and to Extend Time to Serve Summons by Robert Z Whipple, III. (AYB) (Entered: 05/18/2022)
2022-06-1012ORDER Directing Monthly Payments be made from Prison Account of Robert Z Whipple, III, Motions terminated: Plaintiffs Application to Proceed in District Court Without Prepaying Fees or Costs 1 well taken, and it is GRANTED. Because Plaintiff is a prisoner, he is ASSESSED the civil filing fee of $350.00 as provided above. However, no process shall issue until the District Judge has ruled upon this Report and Recommendation, because the undersigned RECOMMENDS that the individual Defendants be DISMISSED from this case.Signed by Magistrate Judge Debra C Poplin on 6/10/22. (c/m to Robert Z Whipple, III, LAUREL COUNTY JAIL, 440 HAMMOCK ROAD, LONDON, KY 40744 and to the Custodian of Inmate Accounts)(ABF) (Entered: 06/10/2022)
2022-06-2813ORDER ADOPTING REPORT AND RECOMMENDATION AND DISMISSING THE UNITED STATES. The Court (1) ACCEPTS and ADOPTS Judge Poplin's Report [Doc. 12] under 28 U.S.C. § 636(b)(1) and Federal Rule of Civil Procedure 72(b)(2) and (2) DISMISSES the "United States" as a defendant in this action. The Court DIRECTS the Clerk of Court to (1) DISMISS Defendants David Jolley, Elaine Rivera, and Charlotte Luckstone from this action; (2) DISMISS Defendant "United States" from this action; and (3) SEND Plaintiff service packets (a blank summons and USM 285 form) for Defendants United States Marshals Service and United States Department of Justice. Plaintiff is ORDERED to complete the service packets and return them to the Clerk's Office within twenty-one (21) days of receipt of this Order. At that time, the summonses will be signed and sealed by the Clerk and forwarded to the U.S. Marshal for service. Plaintiff is forewarned that if he fails to timely return the completed service packets, this action will be dismissed. Given the Court's ruling on these matters, the Court DENIES Plaintiff's "Motion to Ascertain Status and to Extend Time to Service Summons" [Doc. 11] as MOOT. Signed by District Judge Katherine A Crytzer on June 28, 2021. (copy mailed to Robert Z Whipple, III c/o LAUREL COUNTY JAIL (Hammock Rd), 440 HAMMOCK ROAD, LONDON, KY 40744, with 2 blank summons packets) (AYB) (Entered: 06/28/2022)
2022-07-0514Summons Issued as to U.S. Department of Justice and U.S. Marshal Service; forwarded to USMS for service (AYB) (Entered: 07/05/2022)
2022-07-0815Letter from Robert Z. Whipple III requesting updated docket sheet (mailed docket this date using the enclosed SASE to Mr. Whipple) (AYB) (Entered: 07/08/2022)
2022-07-1916SUMMONS Returned Executed as to US Marshals Service on 7/15/22 (JBR) (Entered: 07/19/2022)
2022-07-1917SUMMONS Returned Executed as to U.S. Department of Justice on 7/15/2022. (JBR) (Entered: 07/19/2022)
2022-07-2118MOTION to Ascertain Status of Service by Robert Z Whipple, III. (JBR) (Entered: 07/21/2022)
2022-07-2719ORDER: the Court GRANTS Plaintiff's Motion to Ascertain Status of Service [Doc. 18]. The Court will DIRECT the Clerk's office to mail another docket sheet to Plaintiff given that additional activity has occurred in this matter. Signed by Magistrate Judge Debra C Poplin on July 27, 2022. (copy of order and docket report mailed to Robert Z Whipple, III c/o LAUREL COUNTY JAIL (Hammock Rd), 440 HAMMOCK ROAD, LONDON, KY 40744) (AYB) (Entered: 07/27/2022)
2022-08-1020MOTION for Extension of Time to File Answer by U.S. Department of Justice, U.S. Marshal Service. (Fair, Jacob) (Entered: 08/10/2022)
2022-08-1121ORDER granting 20 Motion for Extension of Time. For good cause shown, the United States Marshals Service and the Department of Justice SHALL respond to the Complaint on or before September 29, 2022. Signed by Magistrate Judge Debra C. Poplin on 8/11/2022. (This entry constitutes the complete Order of the Court.) (AGA) Modified on 8/11/2022 to note copy mailed to Robert Z Whipple, III c/o LAUREL COUNTY JAIL, 440 HAMMOCK ROAD, LONDON, KY 40744) (AYB). (Entered: 08/11/2022)
2022-08-1222MOTION to Waive Fees for Service by Robert Z Whipple, III. (ABF) (Entered: 08/12/2022)
2022-08-2623MOTION to ascertain status and waive service fees by Robert Z Whipple, III. (ADA) (Entered: 08/26/2022)
2022-08-2624NOTICE of filing by Robert Z Whipple, III (Attachments: # 1 cover letter/copy request and mailing envelope, # 2 USDC copy notice)(ADA) Modified on 8/26/2022 to note c/m Robert Z Whipple, III LAUREL COUNTY JAIL (Hammock Rd) 440 HAMMOCK ROAD LONDON, KY 40744(ADA). (Entered: 08/26/2022)
2022-08-3125ORDER, the Court DENIES Plaintiff's Motion to Waive Fees for Service 22 and DENIES AS MOOT Plaintiffs Motion to Ascertain Status and Waive Service Fees 23 to the extent he makes the same request set forth in 22 . The Clerk's Office SHALL mail Plaintiff a copy of the docket. Signed by Magistrate Judge Debra C. Poplin on 8/31/22. (c/m Robert Z Whipple, III LAUREL COUNTY JAIL (Hammock Rd) 440 HAMMOCK ROAD LONDON, KY 40744 with docket sheet) (ADA) (Entered: 08/31/2022)
2022-09-0126EMERGENCY MOTION for Sanctions Hearing regarding misconduct by the US Marshal Service and the Department of Justice by Robert Z Whipple, III. (Attachments: # 1 Other Envelope)(ABF) (Entered: 09/01/2022)
2022-09-0127Letter from Robert Whipple requesting a copy of the docket sheet. (docket sheet mailed on 9/1/22) (Attachments: # 1 Other Envelope) (ABF) (Entered: 09/01/2022)
2022-09-0228MOTION for Sanctions against the USMS and AUSA Carpenter by Robert Z Whipple, III. (Attachments: # 1 Other Envelope)(ABF) (Entered: 09/02/2022)
2022-09-0829MOTION to Waive Copy Fees by Robert Z Whipple, III. (RLK) (Entered: 09/08/2022)
2022-09-1330ORDER DENYING MOTIONS FOR SANCTIONS, the Court DENIES Plaintiffs (1) "Emergency Motion for a Sanctions Hearing Regarding Misconduct by the U.S. Marshals Service and the U.S. Department of Justice" 26 and (2) "Motion to Sanction USMS and AUSA Carpenter" 28 . Signed by District Judge Katherine A. Crytzer on 9/13/22. (c/m Robert Z Whipple, III LAUREL COUNTY JAIL (Hammock Rd) 440 HAMMOCK ROAD LONDON, KY 40744) (ADA) (Entered: 09/13/2022)
2022-09-1931MOTION for Certified Mail by Robert Z Whipple, III. (AYB) (Entered: 09/19/2022)
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by FOIA Project Staff
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