AGOFSKY v. BUREAU OF PRISONS et al
Plaintiff: SHANNON AGOFSKY
Defendant: BUREAU OF PRISONS, COLETTE S. PETERS, ANDRE MATEVOUSIAN and STEVEN KALLIS
Case Number: 2:2024cv00051
Filed: February 13, 2024
Court: US District Court for the Southern District of Indiana
Presiding Judge: James Patrick Hanlon
Referring Judge: M Kendra Klump
Nature of Suit: Other Statutes: Administrative Procedures Act/Review or Appeal of Agency Decision
Cause of Action: 05 U.S.C. ยง 551 Administrative Procedure Act
Jury Demanded By: None
Docket Report

This docket was last retrieved on May 6, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 10, 2024 Opinion or Order Filing 44 RESPONSE in Opposition re #33 MOTION for Preliminary Injunction , filed by Defendants BUREAU OF PRISONS, STEVEN KALLIS, ANDRE MATEVOUSIAN, COLETTE S. PETERS. (Attachments: #1 Exhibit Royer Decl.)(Woods, Shelese)
April 10, 2024 Opinion or Order Filing 43 Submission of Administrative Record, filed by Defendants BUREAU OF PRISONS, STEVEN KALLIS, ANDRE MATEVOUSIAN, COLETTE S. PETERS. (Attachments: #1 Exhibit Certification of Administrative Record, #2 Exhibit 1, BOP Program Statement 5267.08, #3 Exhibit 2, BOP Program Statement 5326.05, #4 Exhibit 3, Institution Supplement THX-5267.08E, #5 Exhibit 4, Institution Supplement THX-5326.05E, #6 Exhibit 5, Agofsky BP8 and 9, #7 Exhibit 6, Agofsky BP10, #8 Exhibit 7, Agofsky BP11, #9 Exhibit 8, Warden letter to counsel, #10 Exhibit 9, Administrative Remedy Retrieval, #11 Exhibit 10, Disciplinary History, #12 Exhibit 11, Inmate Quarters History, #13 Exhibit 12, Inmate Profile, #14 Exhibit 13, Public Information Data)(Woods, Shelese)
April 10, 2024 Opinion or Order Filing 42 ANSWER to #1 Complaint , filed by All Defendants.(Woods, Shelese)
March 15, 2024 Opinion or Order Filing 41 MINUTE ORDER for Telephonic Status Conference held before Magistrate Judge M. Kendra Klump on 3/14/2024. The Court GRANTS Defendants' Unopposed Motion for Enlargement of Time, Dkt. #40 . The deadlines for Defendants (a) to answer or otherwise respond to the complaint and (b) to respond to Plaintiff's Motion for Preliminary Injunction are extended up to and including April 11, 2024. Plaintiff's reply brief shall be filed no later than April 25, 2024. Defendants will lodge the administrative record with the Court no later than April 11, 2024. The parties agree that discovery is not needed for the preliminary injunction briefing. Plaintiff requests oral argument on his pending Motion and suggests 30 minutes of argument per side. Defendants take no position with respect to this request. Signed by Magistrate Judge M. Kendra Klump. (BAS)
March 12, 2024 Opinion or Order Filing 40 Unopposed MOTION for Extension of Time to 28 days (), MOTION for Extension of Time to File Response to 28 days re #33 MOTION for Preliminary Injunction , filed by Defendants BUREAU OF PRISONS, STEVEN KALLIS, ANDRE MATEVOUSIAN, COLETTE S. PETERS. (Attachments: #1 Text of Proposed Order)(Woods, Shelese)
March 11, 2024 Opinion or Order Filing 38 ORDER granting #36 Defendants' Motion for Withdrawal of Appearances - The Appearances of Assistant United States Attorney Anna Davis Walker and Assistant United States Attorney Jeremy S. Simon are hereby withdrawn from this case, and they will be removed from further distribution lists. Signed by Magistrate Judge M. Kendra Klump on 03/11/2024. (AAS)
March 8, 2024 Opinion or Order Filing 37 SCHEDULING ORDER-Telephonic Motion #33 Hearing set for 3/14/2024 at 11:30 AM (Eastern Time) before Magistrate Judge M. Kendra Klump.(See Order.) Signed by Magistrate Judge M. Kendra Klump on 03/08/2024.(AJG)
March 8, 2024 Opinion or Order Filing 36 MOTION to Withdraw Attorney Appearance , filed by Defendants BUREAU OF PRISONS, STEVEN KALLIS, ANDRE MATEVOUSIAN, COLETTE S. PETERS. (Attachments: #1 Text of Proposed Order)(Woods, Shelese)
March 8, 2024 Opinion or Order Filing 35 NOTICE of Appearance by Shelese M. Woods on behalf of Defendants BUREAU OF PRISONS, STEVEN KALLIS, ANDRE MATEVOUSIAN, COLETTE S. PETERS. (Woods, Shelese)
March 5, 2024 Opinion or Order Filing 34 Statement of Position per Local Rule 16-2 by SHANNON AGOFSKY. (Ali, Kathryn)
March 5, 2024 Opinion or Order Filing 33 MOTION for Preliminary Injunction , filed by Plaintiff SHANNON AGOFSKY. (Attachments: #1 Memorandum of Points and Authorities in Support of Motion)(Ali, Kathryn)
February 26, 2024 Opinion or Order Filing 32 ORDER granting #29 Motion to Appear pro hac vice. Attorney Elizabeth C. Lockwood for SHANNON AGOFSKY added. See Order. Signed by Magistrate Judge M. Kendra Klump on 2/26/2024. Copy mailed per Distribution list. (LF)
February 26, 2024 Opinion or Order Filing 31 ORDER granting #28 Motion to Appear pro hac vice. Attorney Meghan Palmer for SHANNON AGOFSKY added. See Order. Signed by Magistrate Judge M. Kendra Klump on 2/26/2024. Copy mailed per Distribution list. (LF)
February 26, 2024 Opinion or Order Filing 30 ORDER granting #27 Motion to Appear pro hac vice. Attorney Kathryn Marshall Ali for SHANNON AGOFSKY added SEE ORDER. Signed by Magistrate Judge M. Kendra Klump on 2/26/2024. Copies sent per Distribution list. (LF)
February 22, 2024 Opinion or Order Filing 29 MOTION for Attorney(s) Elizabeth C. Lockwood to Appear pro hac vice (Filing fee $100, receipt number AINSDC-8039561), filed by Plaintiff SHANNON AGOFSKY. (Attachments: #1 Text of Proposed Order Proposed Order)(Lockwood, Elizabeth) Modified on 2/23/2024 to add attorney name (KAA).
February 22, 2024 Opinion or Order Filing 28 MOTION for Attorney(s) Meghan Palmer to Appear pro hac vice (Filing fee $100, receipt number BINSDC-8039543), filed by Plaintiff SHANNON AGOFSKY. (Attachments: #1 Text of Proposed Order Proposed Order)(Palmer, Meghan)
February 22, 2024 Opinion or Order Filing 27 MOTION for Attorney(s) Kathryn M. Ali to Appear pro hac vice (Filing fee $100, receipt number AINSDC-8039495), filed by Plaintiff SHANNON AGOFSKY. (Attachments: #1 Text of Proposed Order Proposed Order)(Ali, Kathryn)
February 15, 2024 Opinion or Order Filing 26 ORDER granting #14 Motion To Extend Time - The Defendants shall answer or otherwise respond to Plaintiff's Complaint, (dkt. 1), no later than March 14, 2024.(See Order) Signed by Magistrate Judge M. Kendra Klump on 02/15/2024. (AJG)
February 13, 2024 Opinion or Order Filing 25 Notice to File Rule 7.1 Disclosure Statement. (RAGS) (KAA)
February 13, 2024 Opinion or Order Filing 24 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (KAA)
February 13, 2024 Opinion or Order Filing 23 Case transferred in from District of District of Columbia; Case Number 1:23-cv-01511. Original file copy of transfer order and docket sheet received.
February 2, 2024 Opinion or Order Filing 22 ORDER granting Defendants' #16 Motion to Transfer and denying without prejudice Plaintiff's #5 Motion for Preliminary Injunction. See Order for details. Signed by Judge Tanya S. Chutkan on 2/2/2024. (lca) [Transferred from District of Columbia on 2/13/2024.]
February 2, 2024 Opinion or Order Filing 21 MEMORANDUM OPINION re: Defendants' #16 Motion to Transfer and Plaintiff's #5 Motion for Preliminary Injunction. Signed by Judge Tanya S. Chutkan on 2/2/2024. (lca) [Transferred from District of Columbia on 2/13/2024.]
December 6, 2023 Opinion or Order Filing 20 SUPPLEMENTAL MEMORANDUM to Plaintiff's Response to Defendants' Reply in Support of Motion to Transfer Venue filed by SHANNON AGOFSKY. (Attachments: #1 Exhibit A)(Ali, Kathryn) [Transferred from District of Columbia on 2/13/2024.]
December 4, 2023 Opinion or Order Filing 19 REPLY to opposition to motion re #16 MOTION to Transfer Case to the Southern District of Indiana (duplicate of docket entry no. 15) filed by BUREAU OF PRISONS, STEVEN KALLIS, ANDRE MATEVOUSIAN, COLETTE S. PETERS. (Simon, Jeremy)[Transferred from District of Columbia on 2/13/2024.]
November 29, 2023 Opinion or Order Filing 18 Memorandum in opposition to re #16 Motion to Transfer Case, (duplicate of docket entry no. 17) filed by SHANNON AGOFSKY. (Ali, Kathryn) [Transferred from District of Columbia on 2/13/2024.]
November 29, 2023 Opinion or Order Filing 17 REPLY to opposition to motion re #5 MOTION for Preliminary Injunction filed by SHANNON AGOFSKY. (Ali, Kathryn) [Transferred from District of Columbia on 2/13/2024.]
November 17, 2023 Opinion or Order Set/Reset Deadlines: Response due by 11/29/2023. Reply due by 11/29/2023. (zed) [Transferred from District of Columbia on 2/13/2024.]
November 17, 2023 Opinion or Order MINUTE ORDER: Defendants' #14 Motion to Extend Time to Answer is GRANTED in part and DENIED in part. Defendants' obligation to file an answer or otherwise respond to Plaintiff's complaint is hereby stayed pending further order of the court. Pursuant to Local Civil Rule 7(b), Plaintiff is directed to file a response to Defendants' #16 Motion to Transfer no later than November 29, 2023. Plaintiff's reply to the #5 Motion for Preliminary Injunction is also due no later than November 29, 2023. Signed by Judge Tanya S. Chutkan on 11/17/2023. (lca) [Transferred from District of Columbia on 2/13/2024.]
November 15, 2023 Opinion or Order Filing 16 MOTION to Transfer Case to the Southern District of Indiana (duplicate of docket entry no. 15) by BUREAU OF PRISONS, STEVEN KALLIS, ANDRE MATEVOUSIAN, COLETTE S. PETERS. (Attachments: #1 Proposed Order, #2 Declaration of Todd Royer)(Simon, Jeremy) [Transferred from District of Columbia on 2/13/2024.]
November 15, 2023 Opinion or Order Filing 15 Memorandum in opposition to re #5 Motion for Preliminary Injunction and Motion to Transfer filed by BUREAU OF PRISONS, STEVEN KALLIS, ANDRE MATEVOUSIAN, COLETTE S. PETERS. (Attachments: #1 Proposed Order, #2 Declaration of Todd Royer)(Simon, Jeremy) [Transferred from District of Columbia on 2/13/2024.]
November 15, 2023 Opinion or Order Filing 14 Second MOTION for Extension of Time to File Answer re #1 Complaint (Or to Otherwise Respond) by BUREAU OF PRISONS, STEVEN KALLIS, ANDRE MATEVOUSIAN, COLETTE S. PETERS. (Attachments: #1 Text of Proposed Order)(Walker, Anna) [Transferred from District of Columbia on 2/13/2024.]
October 19, 2023 Opinion or Order Set/Reset Deadlines: Defendants' deadline to answer or otherwise respond to the #1 Complaint and to respond to Plaintiff's #5 Motion for Preliminary Injunction due by 11/15/2023. (ztl) [Transferred from District of Columbia on 2/13/2024.]
October 19, 2023 Opinion or Order Filing 13 Consent MOTION for Extension of Time to Answer or Otherwise Respond to the Complaint and to Establish Deadline for Defendants' Response to Plaintiff's Motion for Preliminary Injunction by BUREAU OF PRISONS, STEVEN KALLIS, ANDRE MATEVOUSIAN, COLETTE S. PETERS. (Attachments: #1 Proposed Order)(Simon, Jeremy) [Transferred from District of Columbia on 2/13/2024.]
October 19, 2023 Opinion or Order MINUTE ORDER: GRANTING #13 Defendants' Consent Motion for Extension of Time. Defendants' deadline to answer or otherwise respond to the #1 Complaint and to respond to Plaintiff's #5 Motion for Preliminary Injunction is 11/15/2023. Signed by Judge Tanya S. Chutkan on 10/19/2023. (lca) [Transferred from District of Columbia on 2/13/2024.]
September 19, 2023 Opinion or Order Filing 12 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. BUREAU OF PRISONS served on 9/13/2023 (zjm) [Transferred from District of Columbia on 2/13/2024.]
September 19, 2023 Opinion or Order Filing 11 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. COLETTE S. PETERS served on 9/13/2023 (zjm) [Transferred from District of Columbia on 2/13/2024.]
September 7, 2023 Opinion or Order Filing 10 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. ANDRE MATEVOUSIAN served on 8/22/2023 (zjm) [Transferred from District of Columbia on 2/13/2024.]
August 24, 2023 Opinion or Order Filing 9 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 8/24/2023. ( Answer due for ALL FEDERAL DEFENDANTS by 10/23/2023.), RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 8/24/2023. (zjm) [Transferred from District of Columbia on 2/13/2024.]
August 8, 2023 Opinion or Order Filing 8 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. BUREAU OF PRISONS served on 8/7/2023 (zjm) [Transferred from District of Columbia on 2/13/2024.]
August 1, 2023 Opinion or Order Filing 7 Summons (6) Issued as to BUREAU OF PRISONS, STEVEN KALLIS, ANDRE MATEVOUSIAN, COLETTE S. PETERS, U.S. ATTORNEY GENERAL, U.S. ATTORNEY sent to the U.S. Marshals Service. (zcb) [Transferred from District of Columbia on 2/13/2024.]
June 21, 2023 Opinion or Order MINUTE ORDER: Upon consideration of #4 Order granting Plaintiff's motion to proceed in forma pauperis, the Clerk of Court shall prepare and issue the summonses and coordinate with the Marshals Service to serve Defendants with process pursuant to 28 U.S.C. 1915(d) and Rule 4(c)(3) of the Federal Rules of Civil Procedure. SO ORDERED. Signed by Judge Tanya S. Chutkan on 6/21/23. (lcsr) [Transferred from District of Columbia on 2/13/2024.]
June 8, 2023 Opinion or Order Filing 6 MEMORANDUM re #5 MOTION for Preliminary Injunction filed by SHANNON AGOFSKY by SHANNON AGOFSKY. (Attachments: #1 Exhibit A - Decl. of L. Agofsky, #2 Exhibit B - Agofsky Marriage Certificate, #3 Exhibit C - S. Agofsky Informal Resolution, #4 Exhibit D - Regional Administrative Remedy Appeal, #5 Exhibit E - Receipt Administrative Remedy, #6 Exhibit F - Sept. 17, 2021 Ltr. from J. Merrigan to T.J. Watson, #7 Exhibit G - Sept. 21, 2021 Ltr. from T.J. Watson to J. Merrigan, #8 Exhibit H - Sept. 19, 2022 Ltr. from J. Merrigan to S. Kallis, #9 Exhibit I - S. Agofsky FSA Needs Reassessment, #10 Exhibit J - Prison Visitation and Support Flyer)(Lockwood, Elizabeth) [Transferred from District of Columbia on 2/13/2024.]
June 8, 2023 Opinion or Order Filing 5 MOTION for Preliminary Injunction by SHANNON AGOFSKY. (Attachments: #1 Text of Proposed Order)(Lockwood, Elizabeth) [Transferred from District of Columbia on 2/13/2024.]
June 8, 2023 Opinion or Order Case Assigned to Judge Tanya S. Chutkan. (zcb) [Transferred from District of Columbia on 2/13/2024.]
June 1, 2023 Opinion or Order Filing 4 ORDER directing an initial partial filing fee in the amount of $135.63 from Prison Account of SHANNON AGOFSKY and granting MOTION for Leave to Proceed In Forma Pauperis (see order for full details). Certified copy(s) made available to counsel of record. Signed by Judge Beryl A. Howell on 06/01/2023. (zcb) [Transferred from District of Columbia on 2/13/2024.]
May 30, 2023 Opinion or Order NOTICE OF ERROR re #2 Motion for Leave to Proceed in forma pauperis; emailed to liz.lockwood@alilockwood.com, cc'd 2 associated attorneys -- The PDF file you docketed contained errors: 1. In Forma Pauperis Request e-filed without leave of court. In th future, do not file these kinds of cases electronically. (zsl, ) [Transferred from District of Columbia on 2/13/2024.]
May 25, 2023 Opinion or Order Initiating Pleading & IFP Application Received on 05/25/2023. A copy of the docket sheet has been mailed to the address of record for the pro se party. (zcb) [Transferred from District of Columbia on 2/13/2024.]
May 25, 2023 Opinion or Order Filing 3 NOTICE of Appearance by Kathryn Marshall Ali on behalf of SHANNON AGOFSKY (Ali, Kathryn) [Transferred from District of Columbia on 2/13/2024.]
May 25, 2023 Opinion or Order Filing 2 MOTION for Leave to Proceed in forma pauperis by SHANNON AGOFSKY. (Attachments: #1 Text of Proposed Order)(Lockwood, Elizabeth) [Transferred from District of Columbia on 2/13/2024.]
May 25, 2023 Opinion or Order Filing 1 COMPLAINT against All Defendants (Fee Status:Filing Fee Waived) filed by SHANNON AGOFSKY. (Attachments: #1 Civil Cover Sheet, #2 Summons, #3 Summons, #4 Summons, #5 Summons)(Lockwood, Elizabeth) [Transferred from District of Columbia on 2/13/2024.]

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Search for this case: AGOFSKY v. BUREAU OF PRISONS et al
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Plaintiff: SHANNON AGOFSKY
Represented By: Kathryn Marshall Ali
Represented By: Elizabeth C. Lockwood
Represented By: Meghan Palmer
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Defendant: BUREAU OF PRISONS
Represented By: Anna Davis Walker
Represented By: Jeremy S. Simon
Represented By: Shelese M. Woods
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Defendant: COLETTE S. PETERS
Represented By: Anna Davis Walker
Represented By: Jeremy S. Simon
Represented By: Shelese M. Woods
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Defendant: ANDRE MATEVOUSIAN
Represented By: Anna Davis Walker
Represented By: Jeremy S. Simon
Represented By: Shelese M. Woods
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Defendant: STEVEN KALLIS
Represented By: Anna Davis Walker
Represented By: Jeremy S. Simon
Represented By: Shelese M. Woods
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