Skip to content

Case Detail

[Subscribe to updates]
Case TitleHorton v. National Instant Criminal Background Check System
DistrictNorthern District of West Virginia
CityClarksburg
Case Number1:2023cv00018
Date Filed2023-02-10
Date Closed2023-09-07
JudgeChief District Judge Thomas S Kleeh
PlaintiffJohn D. Horton
Case DescriptionJohn Horton submitted a FOIA request to the National Instant Criminal Background Check System for records concerning himself. After hearing nothing further from the agency, Horton filed suit.
Complaint issues: Failure to respond within statutory time limit

DefendantNational Instant Criminal Background Check System
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Opinion/Order [25]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2023-02-101COMPLAINT against National Instant Criminal Background Check System filed by John D. Horton. (Attachments: # 1 Civil Cover Sheet, # 2 Proposed Summons, # 3 Envelope) (jb) (Entered: 02/10/2023)
2023-02-102** SEALED** MOTION for Leave to Proceed In Forma Pauperis by John D. Horton. (Attachments: # 1 Envelope) (jb) (Entered: 02/10/2023)
2023-02-103NOTICE OF GENERAL GUIDELINES FOR APPEARING PRO SE IN FEDERAL COURT. Copy to Pro Se Plaintiff via CM:RRR. (jb) (Additional attachment(s) added on 2/10/2023: # 1 Certified Mail Return Receipt) (jb). (Entered: 02/10/2023)
2023-02-214ORDER OF REFERRAL. The Court REFERS this action, to the Honorable Michael J. Aloi, United States Magistrate Judge, to conduct a scheduling conference and issue a scheduling order, for written orders or reports and recommendations, as the case may be, regarding any motions filed, and to dispose of any other matters that may arise. Signed by Chief District Judge Thomas S Kleeh on 2/21/2023. (jb) Copy to Pro Se Plaintiff via CM:RRR. (Additional attachment(s) added on 2/22/2023: # 1 Certified Mail Return Receipt) (jb). (Entered: 02/21/2023)
2023-02-225ORDER AND NOTICE GRANTING PLAINTIFF'S APPLICATION TO PROCEED WITHOUT PREPAYMENT OF FEES [ECF NO. 2 ] AND DIRECTING SERVICE OF COMPLAINT. Signed by Magistrate Judge Michael John Aloi on 2/22/2023. (jb) (Copy to Pro Se Plaintiff by CM:RRR). (Additional attachment(s) added on 2/22/2023: # 1 Certified Mail Return Receipt) (jb). (Entered: 02/22/2023)
2023-02-287MAIL RETURNED AS UNDELIVERABLE: Mail sent to John D. Horton [ECF NO. 3 ] Notice Returned as "Return to Sender/Not Deliverable as Addressed/Unable to Forward." (jb) (Entered: 02/28/2023)
2023-03-018SUMMONS Returned Executed as to National Instant Criminal Background Check System served on 3/1/2023. (jb) (Entered: 03/01/2023)
2023-03-069Mail sent to John D. Horton 4 Order. Returned not deliverable as addressed, unable to forward. (snc) (Entered: 03/06/2023)
2023-03-2310SUMMONS Returned Executed as to National Instant Criminal Background Check System served on 3/16/2023. (jb) (Entered: 03/23/2023)
2023-03-2711PLAINTIFF'S MOTION FOR ALTERNATIVE SERVICE OF DOCUMENTS by John D. Horton. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Envelope)(hrc) (Entered: 03/27/2023)
2023-03-2912ORDER DENYING PLAINTIFFS' MOTION FOR ALTERNATIVE SERVICE OF DOCUMENTS [ECF NO. 11 ]. Signed by Magistrate Judge Michael John Aloi on 3/29/2023. (jb) (Copy to Pro Se Plaintiff by CM:RRR) (Additional attachment(s) added on 3/29/2023: # 1 Certified Mail Return Receipt) (jb). (Entered: 03/29/2023)
2023-04-0713Mail sent to John D. Horton 5 Order on Motion for Leave to Proceed in forma pauperis. Returned as Undeliverable: "Return to Sender. Unclaimed. Unable to Forward." (jb) (Entered: 04/07/2023)
2023-04-1714Mail sent to John D. Horton 12 Order. Returned as Undeliverable - "Return to Sender. Not Deliverable as Addressed. Unable to Forward." (jb) (Entered: 04/17/2023)
2023-05-2615PRO SE PLAINTIFF'S COMBINED MOTIONS FOR DEFAULT JUDGMENT, DECLARATORY JUDGMENT AND WAIVER OF ALL HEARINGS filed by John D. Horton. (Attachments: # 1 Envelope) (jb) (Entered: 05/26/2023)
2023-06-0616ORDER TO SHOW CAUSE AS TO PLAINTIFF'S COMBINED MOTIONS [ECF NO. 15 ]. Defendant is ORDERED to show cause within FOURTEEN (14) days from the receipt of this Order as to why Plaintiffs motion [ECF No. 15 ] should not be granted. Signed by Magistrate Judge Michael John Aloi on 6/6/2023. (jb) (Copy to Pro Se Plaintiff by CM:RRR. Copy to AUSA's office and Defendant by regular mail) (Additional attachment(s) added on 6/6/2023: # 1 Certified Mail Return Receipt) (jb). (Entered: 06/06/2023)
2023-06-2217MOTION to Dismiss by National Instant Criminal Background Check System. (Attachments: # 1 Memorandum in Support, # 2 Exhibit 1, Declaration, # 3 Exhibits A and B to Declaration)(Nogay, Maximillian) (Entered: 06/22/2023)
2023-06-2318ROSEBORO NOTICE: Plaintiff's response to Defendant's Motion to Dismiss [ECF NO. 17 ] shall be filed within 21 days from the date of this Order. Signed by Magistrate Judge Michael John Aloi on 6/23/2023. (jb) (Copy to Pro Se Plaintiff by CM:RRR) (Additional attachment(s) added on 6/23/2023: # 1 Certified Mail Return Receipt) (jb). (Entered: 06/23/2023)
2023-06-2719Mail sent to John D. Horton 16 Order to Show Cause, Returned as Return to Sender, Not Deliverable as Addressed, Unable to Forward. (snc) Modified on 6/27/2023 to add addressee's name (snc). (Entered: 06/27/2023)
2023-07-1320Mail sent to John D. Horton re: 18 Roseboro Notice. Returned as "Returned to Sender. Not Deliverable as Addressed. Unable to Forward." (jb) (Entered: 07/13/2023)
2023-08-0121PLAINTIFFS OBJECTION TO THE DEFENDANTS MOTION TO DISMISS AND PLAINTIFFS CROSS MOTION FOR A DEFAULT AND/OR SUMMARY JUDGMENT AND FOR SANCTIONS by John D. Horton re DE 17 . (Attachments: # 1 Attachment, # 2 Envelope) (hrc) (Entered: 08/01/2023)
2023-08-0922REPLY to Response to Motion re 17 MOTION to Dismiss , 21 MOTION filed by National Instant Criminal Background Check System. (Nogay, Maximillian) (Entered: 08/09/2023)
2023-08-1523REPORT AND RECOMMENDATION RECOMMENDING THAT PLAINTIFF'S COMBINED MOTIONS [ECF NO. 15 ] AND "CROSS MOTION' [ECF NO. 21 ] BE DENIED, AND DEFENDANT'S MOTION TO DISMISS [ECF NO 17 ] BE GRANTED. Any party shall have fourteen (14) days and then three days from the date of the filing of this Report and Recommendation to file with the Clerk of the Court specific written objections identifying the portions of the Report and Recommendation to which objection is made, and the basis for such objection. Signed by Magistrate Judge Michael John Aloi on 8/15/2023. (jb) (Copy to Pro Se Plaintiff by CM:RRR) (Additional attachment(s) added on 8/15/2023: # 1 Certified Mail Return Receipt) (jb). (Entered: 08/15/2023)
2023-09-0524Undeliverable: Mail sent to John D. Horton re: 23 REPORT AND RECOMMENDATIONS. Returned as "Return to Sender. Not Deliverable as Addressed. Unable to Forward." (jb) (Entered: 09/05/2023)
2023-09-0725ORDER ADOPTING IN PART AND REJECTING IN PART REPORT AND RECOMMENDATION [ECF NO. 23 ] AND DISMISSING CASE WITHOUT PREJUDICE. The Court ADOPTS IN PART AND REJECTS IN PART the R&R [ECF No. 23 ], DENIES Plaintiffs Default Judgment and Declaratory Judgment [ECF No. 15 ], GRANTS NICSs Motion to Dismiss [ECF No. 17 ], DENIES Plaintiffs Cross Motion [ECF No. 21], and DISMISSES WITHOUT PREJUDICE. Signed by Chief District Judge Thomas S Kleeh on 9/7/2023. (jb) (Copy to Pro Se Plaintiff by CM:RRR) (Additional attachment(s) added on 9/7/2023: # 1 Certified Mail Return Receipt) (jb). (Entered: 09/07/2023)
Hide Docket Events
by FOIA Project Staff
Skip to toolbar