SCOTT v. HOMELAND SECURITY
| JONATHAN SCOTT |
| HOMELAND SECURITY |
| 1:2024cv00508 |
| February 22, 2024 |
| US District Court for the District of Columbia |
| Trevor N McFadden |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| None |
Docket Report
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| Filing 25 MOTION for Hearing re #1 Complaint by JONATHAN SCOTT. (Attachments: #1 Exhibit)(mg) |
| Set/Reset Deadlines: Time to effectuate service due by 5/22/2024. (hmc) |
MINUTE ORDER: Plaintiff has filed two documents #21 & #22 purporting to show proof of service upon Defendant. These documents are inadequate and Plaintiff's proof of service remains deficient. To validly serve process in federal court, a plaintiff must have an individual other than himself serve the Complaint and Summons on the defendant. Fed. R. Civ. P. 4(c)(2); March 11, 2024 Minute Order. Plaintiff's own affidavit shows that he personally mailed the Complaint and Summons. ECF No. 21. Plaintiff's service of process is therefore defective. The Court ORDERS Plaintiff to cause adequate process to be served on Defendant by May 22, 2024. SO ORDERED. Signed by Judge Trevor N. McFadden on 4/11/2024. (lctnm3)
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| Filing 24 REQUEST FOR SUBPOENAS TO ISSUE. (Attachments: #1 Subpoena)(mg) |
| Filing 23 NOTICE of Exhibits by JONATHAN SCOTT (mg) |
| Filing 22 RESPONSE TO ORDER OF THE COURT re 3/11/2024 MINUTE Order on Request for Subpoenas to Issue, re 3/15/2024 MINUTE Order on Motion for Temporary Restraining Order, filed by JONATHAN SCOTT. (Attachments: #1 Exhibit)(mg) |
| Filing 21 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. (mg) |
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MINUTE ORDER: The Court ORDERS that the #20 Motion for Mediation is DENIED. Plaintiff has not yet validly served Defendant with process. See Mar. 11, 2024 Minute Order; see also Mar. 15, 2024 Minute Order. The motion is therefore untimely. SO ORDERED. Signed by Judge Trevor N. McFadden on 4/8/2024. (lctnm3)
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| Filing 20 MOTION for Mediation by JONATHAN SCOTT. (mg) |
| Filing 19 NOTICE of Exhibits by JONATHAN SCOTT (Attachments: #1 Exhibit)(mg) |
| Filing 18 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. HOMELAND SECURITY served on 3/20/2024 (mg) |
| Filing 17 NOTICE of Exhibits by JONATHAN SCOTT (mg) |
| Filing 16 MOTION for Hearing by JONATHAN SCOTT. (mg) |
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MINUTE ORDER: The Court ORDERS that the #16 Motion for Hearing is DENIED. SO ORDERED. Signed by Judge Trevor N. McFadden on 3/25/2024. (lctnm3)
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| Filing 15 NOTICE of Exhibits by JONATHAN SCOTT (mg) |
| Filing 14 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 3/8/2024., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 3/8/2024. ( Answer due for ALL FEDERAL DEFENDANTS by 5/7/2024.) (mg) |
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MINUTE ORDER: The Court ORDERS that the #12 Motion for Temporary Restraining Order is DENIED. Plaintiff has not indicated that Defendant has been served with the Motion, nor has Defendant appeared such that it would receive notice through CM/ECF. The Court thus construes Plaintiff's Motion as a request for a temporary restraining order without notice under Fed. R. Civ. P. 65(b). But Plaintiff has not satisfied either of the requirements for such an order. He has shown neither a risk of immediate and irreparable injury nor certified in writing his efforts to serve Defendant and why service should not be required. Fed. R. Civ. P. 65(b)(1). The Motion must therefore be denied. Id. SO ORDERED. Signed by Judge Trevor N. McFadden on 3/15/2024. (lctnm3)
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MINUTE ORDER: The Court ORDERS that the #13 Motion for Subpoenas to Issue is DENIED for the reasons given in the Court's March 11, 2024 minute order. SO ORDERED. Signed by Judge Trevor N. McFadden on 3/15/2024. (lctnm3)
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| Filing 13 REQUEST FOR SUBPOENAS TO ISSUE. (Attachments: #1 Exhibit)(mg) |
| Filing 12 MOTION for Temporary Restraining Order by JONATHAN SCOTT. (mg) |
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MINUTE ORDER: The Court ORDERS that the #9 Request for Subpoenas to Issue is DENIED. Process has yet to be served on any Defendant, and this case has not yet proceeded past the pleadings stage into discovery. Plaintiff's request for subpoenas is therefore untimely. See Ashcroft v. Iqbal, 556 U.S. 662, 67879 (2009). SO ORDERED. Signed by Judge Trevor N. McFadden on 3/11/2024. (lctnm3)
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MINUTE ORDER: Plaintiff has filed an #11 Affidavit of Mailing to demonstrate his service of the Complaint and Summons on Defendants. However, the Affidavit is defective. The Federal Rules of Civil Procedure require that process be served by a "person who is at least 18 years old and not a party." Fed. R. Civ. P. 4(c). Plaintiff's Affidavit does not show that such a person mailed the Complaint and Summons in this case. Accordingly, the Court ORDERS Plaintiff to cause process to be served on each Defendant, in a manner consistent with Rule 4, on or before May 22, 2024. SO ORDERED. Signed by Judge Trevor N. McFadden on 3/11/2024. (lctnm3)
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| Filing 11 AFFIDAVIT of Mailing by JONATHAN SCOTT. (mg) . |
| Filing 10 NOTICE of Exhibit by JONATHAN SCOTT (mg) |
| Filing 9 REQUEST FOR SUBPOENAS TO ISSUE. (mg) |
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MINUTE ORDER: The Court ORDERS that the #7 Request for Subpoenas to Issue is DENIED. The Request does not describe the documents to be produced with reasonable specificity, nor does it identify the time and place at which the documents are to be produced. The Request is therefore facially defective. See Fed. R. Civ. P. 45(a)(1). SO ORDERED. Signed by Judge Trevor N. McFadden on 3/6/2024. (lctnm3)
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| Filing 8 AFFIDAVIT of Mailing by JONATHAN SCOTT. (mg) |
| Filing 7 REQUEST FOR SUBPOENAS TO ISSUE. (mg) |
| Filing 6 NOTICE of Exhibit by JONATHAN SCOTT (mg) |
| SUMMONS (3) Issued as to HOMELAND SECURITY, U.S. Attorney and U.S. Attorney General (zsl) |
| Filing 5 NOTICE of Exhibits by JONATHAN SCOTT (mg) |
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Filing 4
STANDING ORDER Establishing Procedures for Cases Before Judge Trevor N. McFadden. The parties are hereby ORDERED to read and comply with the directives in the attached standing order. Signed by Judge Trevor N. McFadden on 2/23/2024. (lctnm3)
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MINUTE ORDER: The Court ORDERS that the #3 Motion for Summary Judgment is DENIED WITHOUT PREJUDICE. SO ORDERED. Signed by Judge Trevor N. McFadden on 2/23/2024. (lctnm3)
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| Filing 3 MOTION for Summary Judgment by JONATHAN SCOTT. (mg) |
| Filing 2 NEW Pro Se Consent To Receive Notices of Electronic Filing by JONATHAN SCOTT (mg) |
| Filing 1 COMPLAINT against HOMELAND SECURITY ( Filing fee $ 405, receipt number 206684) filed by JONATHAN SCOTT. (Attachments: #1 Exhibit, #2 Civil Cover Sheet)(mg) |
| SUMMONS Not Issued as to HOMELAND SECURITY (mg) |
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| Plaintiff: JONATHAN SCOTT | |
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| Defendant: HOMELAND SECURITY | |
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