AGOFSKY v. BUREAU OF PRISONS et al
| SHANNON AGOFSKY |
| BUREAU OF PRISONS, COLETTE S. PETERS, ANDRE MATEVOUSIAN and STEVEN KALLIS |
| 2:2024cv00051 |
| February 13, 2024 |
| US District Court for the Southern District of Indiana |
| James Patrick Hanlon |
| M Kendra Klump |
| Other Statutes: Administrative Procedures Act/Review or Appeal of Agency Decision |
| 05 U.S.C. § 551 Administrative Procedure Act |
| None |
Docket Report
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| 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) |
| 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) |
| Filing 42 ANSWER to #1 Complaint , filed by All Defendants.(Woods, Shelese) |
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)
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| 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) |
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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)
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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)
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| 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) |
| 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) |
| Filing 34 Statement of Position per Local Rule 16-2 by SHANNON AGOFSKY. (Ali, Kathryn) |
| Filing 33 MOTION for Preliminary Injunction , filed by Plaintiff SHANNON AGOFSKY. (Attachments: #1 Memorandum of Points and Authorities in Support of Motion)(Ali, Kathryn) |
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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)
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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)
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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)
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| 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). |
| 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) |
| 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) |
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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)
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| Filing 25 Notice to File Rule 7.1 Disclosure Statement. (RAGS) (KAA) |
| Filing 24 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (KAA) |
| 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. |
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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.]
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| 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.] |
| 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.] |
| 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.] |
| 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.] |
| 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.] |
| 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.] |
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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.]
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| 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.] |
| 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.] |
| 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.] |
| 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.] |
| 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.] |
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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.]
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| 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.] |
| 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.] |
| 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.] |
| 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.] |
| 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.] |
| 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.] |
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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.]
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| 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.] |
| 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.] |
| Case Assigned to Judge Tanya S. Chutkan. (zcb) [Transferred from District of Columbia on 2/13/2024.] |
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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.]
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| 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.] |
| 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.] |
| 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.] |
| 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.] |
| 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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