Knight v. United States Office of Personnel Management et al

Kansas District Court
Judge:Daniel D Crabtree
Referred: Gwynne E Birzer
Case #: 6:23-cv-01193
Nature of Suit895 Other Statutes - Freedom of Information Act
Cause05:552 Freedom of Information Act
Case Filed:Sep 12, 2023
Last checked: Sunday Mar 10, 2024 10:15 AM CDT
Defendant
Social Security Administration, Commissioner of
Defendant
United States Office of Personnel Management
Plaintiff
Phyllis M. Knight
4964 E. Lincoln Street Apt 105 - Box 13
Wichita, KS 67218

GPO Jan 04 2024
ORDER AND REPORT AND RECOMMENDATION. The undersigned Magistrate Judge recommends Plaintiffs' Motion for leave to proceed in forma pauperis (ECF No. 3) be denied. In the event any claims are permitted to proceed, the undersigned further recommends Plaintiff be allowed to pay the filing fee in seven monthly payments of $50.00, and an eighth payment of $52.00. The undersigned does not believe such payments would be an undue burden on Plaintiff. It is recommended that certain claims (as identified in the attached order), in this action be dismissed for failure to state a claim upon which relief may be granted. Pursuant to 28 U.S.C. § 636(b)(1)(C) and Fed. R. Civ. P. 72(b), Plaintiff may file a written objection to the proposed findings and recommendations with the clerk of the district court within fourteen (14) days after being served with a copy of this report and recommendation. Failure to make a timely objection waives appellate review of both factual and legal questions. Signed by Magistrate Judge Gwynne E. Birzer on 1/4/2024. Mailed to pro se party Phyllis M. Knight by regular and certified mail. (mam)
GPO Oct 24 2024
MEMORANDUM AND ORDER affirming and adopting Report and Recommendations 9. 3 Motion for Leave to Proceed in forma pauperis is denied. Court permits plaintiff to pay the filing fee in seven monthly installments of $50 and one final installment of $52. plaintiff's claims premised on the Freedom of Information Act; the Congressional Review Act; the Federal Employees' Retirement Service Actof 1986; the Tucker Act; the Social Security Act; and the False Claims Act are dismissed under 28 U.S.C. § 1915(e)(2)(B)(ii) for failure to state a claim. Plaintiff's claim premised on 5 U.S.C. § 552a(g)(1)(A) survives. Signed by District Judge Daniel D. Crabtree on 10/24/2024. Mailed to pro se party Phyllis M. Knight by regular mail. (msb)

Docket last updated: 3 hours ago
Wednesday, February 26, 2025
19 19 appeal Appeal Number Information Wed 02/26 4:14 PM
APPEAL DOCKETED in 10CCA on 2/26/2025 and assigned Appeal No. 25-3033 re14 Notice of Appeal, filed by Phyllis M. Knight. (kmc)
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18 18 3 pgs appeal Order of 10CCA Wed 02/26 3:59 PM
ORDER of United States Court of Appeals for the Federal Circuit as to14 Notice of Appeal, filed by Phyllis M. Knight. This matter and all case filings are transferred to the United States Court of Appeals for the Tenth Circuit pursuant to 28 U.S.C. § 1631. (kmc)
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Monday, December 09, 2024
17 17 appeal Appeal Number Information Mon 12/09 12:01 PM
APPEAL DOCKETED in United States Court of Appeals for the Federal Circuit on 12/09/2024 and assigned Appeal No. 25-1261 re14 Notice of Appeal, filed by Phyllis M. Knight. (kmc)
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Wednesday, December 04, 2024
16 16 appeal Preliminary Record on Appeal Sent Wed 12/04 9:09 AM
PRELIMINARY RECORD ON APPEAL transmitted via email to United States Court of Appeals for the Federal Circuit re14 Notice of Appeal. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (kmc)
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Monday, December 02, 2024
15 15 motion Appeal In Forma Pauperis Tue 12/03 3:17 PM
(NOTE: Access to document is restricted pursuant to the Courts privacy policy.) MOTION for Leave to Appeal in forma pauperis by Plaintiff Phyllis M. Knight. (kmc)
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14 14 appeal Notice of Appeal - Final Judgment Tue 12/03 3:15 PM
NOTICE OF APPEAL to United States Court of Appeals for the Federal Circuit as to13 Memorandum and Order by Plaintiff Phyllis M. Knight.(kmc)
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Att: 1 Notice of Unrepresented,
Att: 2 Certificate of Interest,
Att: 3 Notice of Related Case,
Att: 4 Informal Brief,
Att: 5 Docketing Statement,
Att: 6 Certificate of Service,
Att: 7 Envelope
Thursday, October 24, 2024
13 13 14 pgs order Order on Motion for Leave to Proceed In Forma Pauperis Order on Report and Recommendations Thu 10/24 9:48 AM
MEMORANDUM AND ORDER affirming and adopting Report and Recommendations9 .3 Motion for Leave to Proceed in forma pauperis is denied. Court permits plaintiff to pay the filing fee in seven monthly installments of $50 and one final installment of $52. plaintiff's claims premised on the Freedom of Information Act; the Congressional Review Act; the Federal Employees' Retirement Service Actof 1986; the Tucker Act; the Social Security Act; and the False Claims Act are dismissed under 28 U.S.C. § 1915(e)(2)(B)(ii) for failure to state a claim. Plaintiff's claim premised on 5 U.S.C. § 552a(g)(1)(A) survives. Signed by District Judge Daniel D. Crabtree on 10/24/2024. Mailed to pro se party Phyllis M. Knight by regular mail. (msb)
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Wednesday, January 10, 2024
12 12 respm Response to Objection to Report and Recommendation Wed 01/10 1:34 PM
RESPONSE IN OPPOSITION by Plaintiff Phyllis M. Knight to Objection re9 Order and Report and Recommendation. (mam)
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11 11 misc Civil Cover Sheet Wed 01/10 1:06 PM
AMENDED CIVIL COVER SHEET by Plaintiff Phyllis M. Knight. (mam)
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Monday, January 08, 2024
10 10 service Certified Mail Receipt Returned Mon 01/08 1:48 PM
CERTIFIED MAIL RECEIPT returned re9 Order and Report and Recommendation addressed to Phyllis M. Knight (delivered 1/6/2024 per USPS.com). (mam)
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Thursday, January 04, 2024
misc Docket Annotation Thu 01/04 8:47 AM
DOCKET ANNOTATION re 9 : Certified tracking # 7022 0410 0003 3816 3877. (mam)
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Wednesday, January 03, 2024
9 9 motion Report and Recommendations Order Wed 01/03 8:18 PM
ORDER AND REPORT AND RECOMMENDATION. The undersigned Magistrate Judge recommends Plaintiffs' Motion for leave to proceed in forma pauperis (ECF No.3 ) be denied. In the event any claims are permitted to proceed, the undersigned further recommends Plaintiff be allowed to pay the filing fee in seven monthly payments of $50.00, and an eighth payment of $52.00. The undersigned does not believe such payments would be an undue burden on Plaintiff. It is recommended that certain claims (as identified in the attached order), in this action be dismissed for failure to state a claim upon which relief may be granted. Pursuant to 28 U.S.C. § 636(b)(1)(C) and Fed. R. Civ. P. 72(b), Plaintiff may file a written objection to the proposed findings and recommendations with the clerk of the district court within fourteen (14) days after being served with a copy of this report and recommendation. Failure to make a timely objection waives appellate review of both factual and legal questions. Signed by Magistrate Judge Gwynne E. Birzer on 1/3/2024. Mailed to pro se party Phyllis M. Knight by regular and certified mail. (mam)
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Wednesday, December 20, 2023
8 8 misc Financial Affidavit Wed 12/20 12:00 PM
(NOTE: Access to document is restricted pursuant to the courts privacy policy.) FINANCIAL AFFIDAVIT by Plaintiff Phyllis M. Knight. (mam)
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Wednesday, December 13, 2023
7 7 order Order Wed 12/13 11:18 AM
ORDER. The Court has reviewed Plaintiff's Affidavit of Financial Status, ("Affidavit"). (ECF No. 3-1, sealed ). As filed, the Affidavit is incomplete. The Court ORDERS Plaintiff to supplement or amend her Affidavit by 12/27/23, to: 1) Fully complete Section III.A.; and, 2) Amend Section III.D. to reflect the total income for the last 12 months in each category. Signed by Magistrate Judge Gwynne E. Birzer on 12/13/23. Mailed to pro se party Phyllis M. Knight, 4964 E. Lincoln Street, Apt 105 - Box 13, Wichita, KS 67218 by regular mail. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)(spa)
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Tuesday, November 21, 2023
6 6 order Reassigning Case - Minute Tue 11/21 3:20 PM
MINUTE ORDER REASSIGNING CASE. Case reassigned to District Judge Daniel D. Crabtree for all further proceedings. District Judge Julie A. Robinson no longer assigned to case. Signed by deputy clerk on 11/21/23. Mailed to pro se party Phyllis M. Knight 4964 E. Lincoln Street Apt 105 - Box 13 Wichita, KS 67218 by regular mail. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)(kao)
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Wednesday, September 20, 2023
5 5 notice Notice (Other) Wed 09/20 11:52 AM
NOTICE of Cease and Desist Order by Phyllis M. Knight (msb)
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4 4 misc Designation of Place of Trial Wed 09/20 11:49 AM
CORRECTION OF DEFICIENCY - DESIGNATION OF PLACE OF TRIAL filed by Plaintiff Phyllis M. Knight - trial to be held in Wichita. (msb)
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Tuesday, September 12, 2023
3 3 motion Proceed In Forma Pauperis Tue 09/12 2:18 PM
MOTION for Leave to Proceed in forma pauperis by Plaintiff Phyllis M. Knight. Related [+] NOTE - Access to document is restricted pursuant to the courts privacy policy. (jk)
Related: [-] ferred to Magistrate Judge Gwynne E. Birzer
Att: 1 Affidavit of Financial Status
2 2 misc Civil Cover Sheet Tue 09/12 2:16 PM
CIVIL COVER SHEET re1 Complaint by Plaintiff Phyllis M. Knight. (jk)
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1 1 cmp Complaint Tue 09/12 2:14 PM
COMPLAINT with trial location of Wichita, filed by Phyllis M. Knight. (jk)
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Att: 1 Exhibits
notice Notice of Judge Assignment Tue 09/12 2:22 PM
NOTICE OF JUDGE ASSIGNMENT: Case assigned to District Judge Julie A. Robinson and Magistrate Judge Gwynne E. Birzer for all proceedings. Copy mailed to pro se Plaintiff Phyllis M. Knight at 4964 E. Lincoln Street, Apt 105 - Box 13, Wichita, KS 67218 by regular mail. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) NOTICE OF MAGISTRATE JUDGE AVAILABILITY: A United States magistrate judge is available to conduct all proceedings in this civil action if all parties voluntarily consent. Information & consent forms are available at http://www.uscourts.gov/forms/civil-forms/notice-consent-and-reference-civil-action-magistrate-judge (jk)
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notice Notice of Deficiency Tue 09/12 2:24 PM
NOTICE OF DEFICIENCY - Designation of place of trial is missing. The filing party/attorney is directed to correct the deficiency immediately. Mailed to Phyllis M. Knight at 4964 E. Lincoln Street Apt 105 - Box 13, Wichita, KS 67218 by regular mail. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (jk)
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