Peeler v. Federal Bureau of Investigation

Filing 7

INITIAL REVIEW ORDER Discovery due by 9/13/2015 Dispositive Motions due by 10/13/2015 Signed by Judge Robert N. Chatigny on 2/12/2015.(Payton, R.)

UNITED STATES DISTRICT COURT
DISTR]CT OF CONNECTICUT
RUSSELL PEELER,

Plaintiff,
CASE

DEPARTMENT OF JUSTICE FEDERAL
BUREAU OF TNVESTIGATION

Defendants.

(RNC)

:
:
:

INTTIAL

PJ-aintiff,

NO. 3:15-cv-169

TEW ORDER

a Connecticut inmate, brings this action pro

se

pursuant to 42 U.S.C. S 1983 against the Federal Bureau of
Investigation

alleging that the defendant has i-mproperly denied

his request under the Freedom of InformatJ-on Act, 5 U.S.C. S 552,
for a record of al-l calls to and from his pager.
Under 28 U.S.C. S 19154, the Court must review a prisoner's

complaint against a governmental- entity and dismiss any part of
the compJ-aint that is frivol-ous or malicj-ous or fails
cl-aim on which relief

sufficient

may be granted.

to withstand this initial-

The compl-aint

to state
j-s

review.

ORDERS

(1) The Clerk shaJ-l serve the compJ-aint on the U.S.
Department of Justice Federal Bureau of Investigation

within

twenty-one (2I) days from the date of this order in accordance
with the procedure for effecting
(2) The defendanÈ shall fite

service on a federal- agency.
a response to the complaint,

either an ansl¡Ier or motion to dismiss, within seventy (70) days

a

from the date of this order. If the defendant chooses to fite
answer, the defendant shal-I admit or deny the allegations
respond to the claim recited above. The defendant also

an

and

may

include any and aJ-J- additional- defenses permitted by the Federaf
Rules.

(3) Discovery, pursuant to Federal- Rul-es of Civil Procedure
26 through 37, shall- be completed within seven months (210 days)

from the date of this order. Discovery requests need not

be

filed with the court.
(4) Al-l motions for suÍìmary judgment shall- be filed within
eight, months (24O days) from the date of this order.

(5) Pursuant to Local- civil Rul-e I (a), a nonmovíng party
must respond to a dispositive motion within twenty-one (2I) days
of the date the motion

If no response is fiJ-ed, or

\^tas filed.

the response is not timely, the dispositive motj-on can be granted
absent objection.

(6) If the plaintiff
the litigation

changes his address at any time during

of this case, Local Court Rul-e 83.1(c)2 provides

that the pJ-aintiff

MUST

notify the court.

Failure to do so can

resul-t in the dismissal of the case. The plaintiff

must give

notice of a new address even if he is incarcerated.
plaintiff

should write

PLEASE NOTE MY NEVü ADDRESS

It is not enough to just put the
2

ne\^/

The

on the notice.

address on a letter without

indicating that it is a new address. If the plaint.iff has more
than one pending case, he should j-ndicate all of the case numbers

in the notification of change of address. The pJ-aintiff should
also notify the defendant or the attorney for the defendant of
his new address.
So ordered this

1'2iuin

day of February 2015.

/s/
Robert N Chatigny
United States Distríct Judge

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