Case: Benkahla v. Federal Bureau of Prisons

Benkahla v. Jett

Benkahla v. Jett

Benkahla v. Jett

ACLU

COMPLAINT against SABRI BENKAHLA, filed by SABRI BENKAHLA.(VS) (Entered: 01/21/2009)

NOTICE AND ENTRY directing further proceedings; clerk shall process the complaint filed on 01/13/09 as the complaint in the two new civil actions one will show Seifullah Chapman, as plaintiff, and one will show Sabri Benkahla as plaintiff; this action shall proceed as to plaintiff Randall Todd Royer, who shall have through 02/04/09 to pay filing fee of $350.00 or demonstrate his financial inability to do so. Signed by Judge William T. Lawrence on 01/21/09.(VS) (Entered: 01/21/2009).(VS) (Entered: 01/21/2009)

ENTRY Directing Further Proceedings; plaintiff shall have through 03/11/09 in which to either pay $350.00 filing fee for this action or demonstrate that he lacks financial ability to do so. Signed by Judge William T. Lawrence on 2/12/2009. cm(NKD) (Entered: 02/13/2009)

Letter dated 2/23/09 regarding this case and case No. 2:09-cv-011-WTL-DML from Randall Todd Royer (NKD) (Entered: 02/25/2009)

ORDER granting 7 Motion for Leave to Proceed in forma pauperis; granting 9 Motion for Leave to Proceed in forma pauperis; plaintiff is assessed an initial partial filing fee of $19.00 and shall have through 06/11/09 to pay sum to clerk of district court; filing fee paid in this case shall be applied to the obligation of plaintiff Sabri Benkahla to pay the filing fee in 2:09-cv-25-WTL DML; copy of this entry shall be docketed in 2:09-cv-25- WTL DML;. Signed by Judge William T. Lawrence on 5/1/2009. (VS) (Entered: 05/01/2009) (Entered: 05/01/2009)

RECEIPT #th 000694 in the amount of $ 350.00 **(Docketed in this case per entry dated 05/01/09) (VS) (Entered: 05/01/2009)

ENTRY concerning selected matters; a habeas claim cannot be joined with other claims; action is dismissed without prejudice to extent that plaintiff challenges either the fact or duration of his confinement; plaintiff's complaint is rejected and he shall have through 06/11/09 to file an amended complaint. Signed by Judge William T. Lawrence on 5/7/2009.(VS) (Entered: 05/07/2009)

MOTION for Extension of Time to file amended complaint, filed by Plaintiff SABRI BENKAHLA. (VS) (Entered: 05/08/2009)

ORDER denying plaintiff's 8 Motion for Extension of Time in light of directions issued in Entry of 05/07/09. Signed by Judge William T. Lawrence on 5/12/2009. cm (NKD) (Entered: 05/12/2009)

MOTION for Attorney David M. Shapiro to Appear pro hac vice., filed by Plaintiff SABRI BENKAHLA. (Attachments: # 1 Text of Proposed Order appear phv)(NKD) (Entered: 05/14/2009)

RECEIPT #IP 12669 in the amount of $ 30.00 PHV fee for David M. Shapiro. (NKD) (Entered: 05/14/2009)

MOTION for Extension or Clarification of Deadline for Service of Complaint, filed by Plaintiff SABRI BENKAHLA. (Attachments: # 1 Text of Proposed Order motion for extension or clarification of deadline)(NKD) (Entered: 05/14/2009)

MEMORANDUM in Support re 12 MOTION for Extension or Clarification of Deadline, filed by Plaintiff SABRI BENKAHLA. (NKD) (Entered: 05/14/2009)

ORDER granting 10 Motion to Appear pro hac vice. Attorney David M. Shapiro for SABRI BENKAHLA added. Signed by Magistrate Judge Debra McVicker Lynch on 5/15/2009. cm (NKD) (Entered: 05/21/2009)

ORDER granting plaintiff's 12 Motion for Extension or clarification of deadline for service of complaint; plaintiff shall have through 06/18/09 in which to file an amended complaint; time within which plaintiff shall have to serve amended complaint is extended for a period of 90 days following date on which court completes screening of amended complaint. Signed by Judge William T. Lawrence on 6/5/2009. cm (NKD) (Entered: 06/05/2009)

NOTICE of Appearance by Kenneth J. Falk on behalf of Plaintiff SABRI BENKAHLA. (Falk, Kenneth) (Entered: 06/17/2009)

MOTION To Add and Remove Defendants, filed by Plaintiff SABRI BENKAHLA. (Attachments: # 1 Exhibit Attachment 1 -- Proposed Amended Complaint, # 2 Exhibit Exhibit A to Proposed Amended Complaint -- Letter from U.S. Congressman James Moran, # 3 Exhibit Exhibit B to Proposed Amended Complaint -- Terre Haute CMU Institution Supplement, # 4 Exhibit Exhibit C to Proposed Amended Complaint -- CMU Transfer Notice, # 5 Exhibit Exhibit D to Proposed Amended Complaint -- Institution Supplemnent -- Visiting Regulations, # 6 Exhibit Exhibit E to Proposed Amended Complaint -- Notice of Proposed Rulemaking, # 7 Exhibit Exhibit F to Proposed Amended Complaint -- Comments of Civil Liberties Groups, # 8 Exhibit Exhibit G to Proposed Amended Complaint -- Conley Memorandum, # 9 Exhibit Exhibit H to Proposed Amended Complaint -- Marion CMU Institution Supplement, # 10 Exhibit Exhibit I to Proposed Amended Complaint -- Informal Resolution Form (Visits), # 11 Exhibit Exhibit J to Proposed Amended Complaint -- Request for Administrative Remedy (Visits), # 12 Exhibit Exhibit K -- Terre Haute FCI Rejection Notice (Visits), # 13 Exhibit Exhibit L to Amended Complaint -- Regional Administrative Remedy Appeal (Visits), # 14 Exhibit Exhibit M to Proposed Amended Complaint -- Regional Office Rejection Notice (Visits), # 15 Exhibit Exhibit N to Proposed Amended Complaint -- Central Office Administrative Remedy Appeal (Visits), # 16 Exhibit Exhibit O to Proposed Amended Complaint -- Central Office Rejection Notice (Visits), # 17 Exhibit Exhibit P to Proposed Amended Complaint -- Informal Resolution Form (Telephone Calls), # 18 Exhibit Exhibit Q to Proposed Amended Complaint -- Request for Administrative Remedy (Telephone Calls), # 19 Exhibit Exhibit R to Proposed Amended Complaint -- Terre Haute FCI Rejection Notice (Telephone Calls), # 20 Exhibit Exhibit S to Proposed Amended Complaint -- Regional Administrative Remedy Appeal (Telephone Calls), # 21 Exhibit Exhibit T to Proposed Amended Complaint -- Regional Office Rejection Notice (Telephone Calls), # 22 Exhibit Exhibit U to Proposed Amended Complaint -- Central Office Administrative Remedy Appeal (Telephone Calls), # 23 Exhibit Exhibit V to Proposed Amended Complaint -- Central Office Rejection Notice (Telephone Calls), # 24 Exhibit Exhibit W to Proposed Amended Complaint -- Informal Resolution Form (Current CMU Confinement), # 25 Exhibit Exhibit X to Proposed Amended Complaint -- Request for Administrative Remedy (Current CMU Confinement), # 26 Exhibit Exhibit Y to Proposed Amended Complaint -- Terre Haute FCI Rejection Notice (Current CMU Confinement), # 27 Exhibit Exhibit Z to Proposed Amended Complaint -- Regional Administrative Remedy Appeal (Current CMU Confinement), # 28 Exhibit Exhibit AA to Proposed Amended Complaint -- Regional Office Rejection Notice (Current CMU Confinement), # 29 Exhibit Exhibit BB to Proposed Amended Complaint -- Central Office Administrative Remedy Appeal (Current CMU Confinement), # 30 Exhibit Exhibit CC to Proposed Amended Complaint -- Central Office Rejection Notice (Current CMU Confinement), # 31 Text of Proposed Order Proposed Order)(Shapiro, David) (Entered: 06/18/2009)

1 Exhibit Attachment 1 -- Proposed Amended Complaint

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2 Exhibit Exhibit A to Proposed Amended Complaint -- Letter from U.S. Congressman

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3 Exhibit Exhibit B to Proposed Amended Complaint -- Terre Haute CMU Institution S

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4 Exhibit Exhibit C to Proposed Amended Complaint -- CMU Transfer Notice

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5 Exhibit Exhibit D to Proposed Amended Complaint -- Institution Supplemnent -- Vi

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6 Exhibit Exhibit E to Proposed Amended Complaint -- Notice of Proposed Rulemaking

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7 Exhibit Exhibit F to Proposed Amended Complaint -- Comments of Civil Liberties G

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8 Exhibit Exhibit G to Proposed Amended Complaint -- Conley Memorandum

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9 Exhibit Exhibit H to Proposed Amended Complaint -- Marion CMU Institution Supple

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10 Exhibit Exhibit I to Proposed Amended Complaint -- Informal Resolution Form (Vis

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11 Exhibit Exhibit J to Proposed Amended Complaint -- Request for Administrative Re

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12 Exhibit Exhibit K -- Terre Haute FCI Rejection Notice (Visits)

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13 Exhibit Exhibit L to Amended Complaint -- Regional Administrative Remedy Appeal

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14 Exhibit Exhibit M to Proposed Amended Complaint -- Regional Office Rejection Not

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15 Exhibit Exhibit N to Proposed Amended Complaint -- Central Office Administrative

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16 Exhibit Exhibit O to Proposed Amended Complaint -- Central Office Rejection Noti

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17 Exhibit Exhibit P to Proposed Amended Complaint -- Informal Resolution Form (Tel

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18 Exhibit Exhibit Q to Proposed Amended Complaint -- Request for Administrative Re

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19 Exhibit Exhibit R to Proposed Amended Complaint -- Terre Haute FCI Rejection Not

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20 Exhibit Exhibit S to Proposed Amended Complaint -- Regional Administrative Remed

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21 Exhibit Exhibit T to Proposed Amended Complaint -- Regional Office Rejection Not

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22 Exhibit Exhibit U to Proposed Amended Complaint -- Central Office Administrative

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23 Exhibit Exhibit V to Proposed Amended Complaint -- Central Office Rejection Noti

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24 Exhibit Exhibit W to Proposed Amended Complaint -- Informal Resolution Form (Cur

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25 Exhibit Exhibit X to Proposed Amended Complaint -- Request for Administrative Re

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26 Exhibit Exhibit Y to Proposed Amended Complaint -- Terre Haute FCI Rejection Not

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27 Exhibit Exhibit Z to Proposed Amended Complaint -- Regional Administrative Remed

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28 Exhibit Exhibit AA to Proposed Amended Complaint -- Regional Office Rejection No

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29 Exhibit Exhibit BB to Proposed Amended Complaint -- Central Office Administrativ

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30 Exhibit Exhibit CC to Proposed Amended Complaint -- Central Office Rejection Not

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31 Text of Proposed Order Proposed Order

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BRIEF/MEMORANDUM in Support re 17 MOTION To Add and Remove Defendants, filed by Plaintiff SABRI BENKAHLA. (Shapiro, David) (Entered: 06/18/2009)

ORDER granting 17 Motion to add and remove defendants; ORDERED defendants Federal Bureau of Prisons, Eric H. Holder, Harley G. Lappin, and Joyce K. Conley, all in their official capacities are added; FURTHER ORDERED all pending claims (counts two, three, four, five, six, and seven) are DISMISSED WITHOUT PREJUDICE against defendants, B.R. Jett, Paul McNulty, Unknown Employees of Correctional Programs Division of the Federal Bureau of Prison, Les Smith, T.R. Henry, S. Julian T. Coleman, and Agent Grass; FURTHER ORDERED Proposed Amended Complaint exhibit 1 shall be entered and shall supersede the original complaint filed 01/13/09. Signed by Judge William T. Lawrence on 7/27/2009. (VS) (Entered: 07/28/2009)

AMENDED COMPLAINT against all defendants, filed by SABRI BENKAHLA.(VS) (Entered: 07/28/2009)

ENTRY directing further proceedings; although plaintiff's motion to add and remove defendants (dkt17) has been granted, the result is that claims pursuant to the Administravie Procedures Act (APA) are now asserted against individuals as well as against the (BOP). It is the BOP, however that is the sole proper defendant in an action under the APA. Signed by Judge William T. Lawrence on 07/31/09.(VS) Modified on 8/4/2009 (TLH). (Entered: 08/03/2009)

Summons Issued as to USA - Warden, Federal Correctional Institution (NKD) (Entered: 08/12/2009)

MOTION to Amend/Correct Summons, filed by Plaintiff SABRI BENKAHLA. (Attachments: # 1 Text of Proposed Order, # 2 Corrected Summons)(Falk, Kenneth) (Entered: 08/11/2009)

Summons Issued as to USA - FEDERAL BUREAU OF PRISONS (NKD) (Entered: 08/12/2009)

ENTRY - plaintiff shall have through 09/02/09 to show cause why claims against Bureau of Prisons employees should not be dismissed as improper based on the observations made in entry entered on 08/03/09. Signed by Judge William T. Lawrence on 8/13/2009.(VS) (Entered: 08/13/2009)

ORDER granting plaintiff's 22 Motion to Amend Summons; plaintiff may file the amended summons on the United States Attorney for the Southern District of Indiana that is attached to the Motion. Signed by Judge William T. Lawrence on 8/13/2009. (NKD) (Entered: 08/13/2009)

NOTICE, filed by Plaintiff SABRI BENKAHLA (Shapiro, David) (Entered: 08/21/2009)

SUMMONS Returned Executed by SABRI BENKAHLA. FEDERAL BUREAU OF PRISONS served on 8/18/2009. (Falk, Kenneth) (Entered: 08/24/2009)

ENTRY - Based on plaintiff's filing of 8/21/09, claims against Bureau of Prisons employees are dismissed. Signed by Judge William T. Lawrence on 8/26/2009.(NKD) (Entered: 08/27/2009)

SUPERSEDING ENTRY issued on 08/27/09; based on the notice filed by plaintiff on 08/21/09, and based also on court's view that the only proper defendant in action brought pursuant to the Administrative Procedures Act, the Federal Bureau of Prisons is the federal agency implicated by the claims, in this case the claims against the defendant individuals are dismissed; no partial final judgment shall issue at this time as to claims resolved in this entry. Signed by Judge William T. Lawrence on 9/14/2009.(VS) (Entered: 09/14/2009)

Clerk's Notice of Change of Terre Haute Division Mailing Address. (JD) (Entered: 09/16/2009)

NOTICE of Appearance by Thomas E. Kieper on behalf of Defendant FEDERAL BUREAU OF PRISONS. (Kieper, Thomas) (Entered: 09/23/2009)

NOTICE of Parties' First Extension of Time, filed by Defendant FEDERAL BUREAU OF PRISONS. (Kieper, Thomas) (Entered: 09/23/2009)

MOTION to Dismiss or in the Alternative, Motion for Summary Judgment, filed by Defendant FEDERAL BUREAU OF PRISONS. (Kieper, Thomas) (Entered: 11/17/2009)

BRIEF/MEMORANDUM in Support re 34 MOTION to Dismiss or in the Alternative, Motion for Summary Judgment, filed by Defendant FEDERAL BUREAU OF PRISONS. (Kieper, Thomas) (Entered: 11/17/2009)

NOTICE Pursuant to L.R. 6.1(a), filed by Plaintiff SABRI BENKAHLA (Shapiro, David) (Entered: 11/19/2009)

Unopposed MOTION for Extension of Time to 12/16/2009 to file response to 34 MOTION to Dismiss or in the Alternative, Motion for Summary Judgment, filed by Plaintiff SABRI BENKAHLA. (Attachments: # 1 Text of Proposed Order)(Shapiro, David) (Entered: 11/30/2009)

ORDER granting 37 Motion for Extension of Time to File Response to 34 MOTION to Dismiss or in the Alternative, Motion for Summary Judgment. Response due by 12/16/2009.. Signed by Judge William T. Lawrence on 12/1/2009. (VS) (Entered: 12/02/2009)

RESPONSE in Opposition re 34 MOTION to Dismiss or in the Alternative, Motion for Summary Judgment, filed by Plaintiff SABRI BENKAHLA. (Shapiro, David) (Entered: 12/15/2009)

Unopposed MOTION for Extension of Time to January 25, 2010, filed by Defendant FEDERAL BUREAU OF PRISONS. (Attachments: # 1 Text of Proposed Order)(Kieper, Thomas) (Entered: 12/21/2009)

ORDER granting defendant's 40 Motion for Extension of Time; defendant shall have to and including 01/25/10 within which to file a reply to Plaintiff's Memorandum in Opposition to Defendant's Motion to Dismiss or for Summary Judgment. Signed by Judge William T. Lawrence on 12/28/2009. (NKD) (Entered: 12/28/2009)

Unopposed MOTION for Extension of Time to February 8, 2010, filed by Defendant FEDERAL BUREAU OF PRISONS. (Attachments: # 1 Text of Proposed Order)(Kieper, Thomas) (Entered: 01/15/2010)

ORDER granting defendant's 42 Motion for Extension of Time; defendant shall have to and including 2/08/10 within which to file a reply. Signed by Magistrate Judge Debra McVicker Lynch on 1/20/2010. (NKD) (Entered: 01/20/2010)

NOTICE of Appearance by William Lance McCoskey on behalf of Defendant FEDERAL BUREAU OF PRISONS. (McCoskey, William) (Entered: 02/08/2010)

REPLY in Support of Motion re 34 MOTION to Dismiss or in the Alternative, Motion for Summary Judgment, filed by Defendant FEDERAL BUREAU OF PRISONS. (Kieper, Thomas) (Entered: 02/08/2010)

MOTION to Substitute Attorney, filed by Plaintiff SABRI BENKAHLA. (Attachments: # 1 Proposed Order)(Shapiro, David) (Entered: 02/16/2010)

1 Proposed Order

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ORDER granting 46 Motion to Substitute Attorney DAVID FATHI; Attorney David M. Shapiro withdrawn.. Signed by Judge William T. Lawrence on 2/25/2010. (VS) (Entered: 02/25/2010)

NOTICE of Appearance by David C. Fathi on behalf of Plaintiff SABRI BENKAHLA. (Fathi, David) (Entered: 03/02/2010)

MOTION to Dismiss Sabri Benkahla's Complaint, filed by Defendant FEDERAL BUREAU OF PRISONS. (McCoskey, William) (Entered: 04/14/2010)

BRIEF/MEMORANDUM in Support re 49 MOTION to Dismiss Sabri Benkahla's Complaint, filed by Defendant FEDERAL BUREAU OF PRISONS. (Attachments: # 1 Attachment 1)(McCoskey, William) (Entered: 04/14/2010)

MOTION for Extension of Time to June 17, 2010 to file response to 49 MOTION to Dismiss Sabri Benkahla's Complaint, filed by Plaintiff SABRI BENKAHLA. (Attachments: # 1 Text of Proposed Order)(Falk, Kenneth) (Entered: 04/28/2010)

ORDER granting plaintiff's 51 Motion for Extension of Time to File Response to 6/17/2010 re 49 MOTION to Dismiss Sabri Benkahla's Complaint. Signed by Magistrate Judge Debra McVicker Lynch on 4/29/2010. (NKD) (Entered: 04/30/2010)

Second MOTION for Extension of Time to July 19, 2010 to file response to 49 MOTION to Dismiss Sabri Benkahla's Complaint (Uncontested), filed by Plaintiff SABRI BENKAHLA. (Attachments: # 1 Text of Proposed Order)(Falk, Kenneth) (Entered: 06/16/2010)

ORDER granting 53 Motion for Extension of Time to File Response to 7/19/2010 re 49 MOTION to Dismiss Sabri Benkahla's Complaint. Signed by Magistrate Judge Debra McVicker Lynch on 6/17/2010. (LH) (Entered: 06/17/2010)

MOTION TO INTERVENE***Intervention Petition by affidavit pursuant to Federal Rules of Civil Procedure Rule 24 (a)(2). - Oscaro El Hari, Bey (Attachments: # 1 letter)(VS) Modified on 6/29/2010 (JHO). (Entered: 06/21/2010)

RESPONSE in Opposition re 55 MOTION to Intervene, filed by Defendant FEDERAL BUREAU OF PRISONS. (Attachments: # 1 Attachment 1)(Kieper, Thomas) (Entered: 06/29/2010)

RESPONSE to Motion re 55 MOTION to Intervene, filed by Plaintiff SABRI BENKAHLA. (Falk, Kenneth) (Entered: 07/02/2010)

NOTICE of Amendment of Certificate of Service, filed by Plaintiff SABRI BENKAHLA (Falk, Kenneth) (Entered: 07/02/2010)

***SEE DOCKET #60 FOR COMPLETE DOCUMENT*** Judicial NOTICE by affidavit, filed by Plaintiff SABRI BENKAHLA (Attachments: # 1 letter) (VS) Modified on 7/2/2010 (VS). (Entered: 07/02/2010)

CORRECTED DOCUMENT - Please disregard document re 59 Notice (Other) which was Docketed in Error. Corrected document has been attached to this entry. (Attachments: # 1 letter) (VS) (Entered: 07/02/2010)

1 letter

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Submission of 3rd party intervenor's claim to strike response, filed by Plaintiff SABRI BENKAHLA. (NKD) (Entered: 07/13/2010)

Submission of 3rd party intervenor's claim to strike response, filed by Plaintiff SABRI BENKAHLA. (NKD) (Entered: 07/13/2010)

REPLY in Support of Motion re 49 MOTION to Dismiss Sabri Benkahla's Complaint, filed by Defendant FEDERAL BUREAU OF PRISONS. (Attachments: # 1 Attachment 1)(Kieper, Thomas) (Entered: 07/14/2010)

Third MOTION for Extension of Time to August 3, 2010 to file response to 49 MOTION to Dismiss Sabri Benkahla's Complaint, filed by Plaintiff SABRI BENKAHLA. (Attachments: # 1 Text of Proposed Order)(Falk, Kenneth) (Entered: 07/17/2010)

ORDER granting 64 Motion for Extension of Time to File Response to 8/3/2010 re 49 MOTION to Dismiss Sabri Benkahla's Complaint. Signed by Magistrate Judge Debra McVicker Lynch on 7/21/2010. cm(NKD) (Entered: 07/21/2010)

MOTION to Dismiss or, Alternatively, Notice of Dismissal, filed by Plaintiff SABRI BENKAHLA. (Attachments: # 1 Text of Proposed Order)(Falk, Kenneth) (Entered: 07/28/2010)

CLOSED DISMISSED without prejudice; plaintiff, having filed his Motion to Dismiss, and the Court having read the filing, and being duly advised, finds that this cause should be dismissed. Signed by Judge William T. Lawrence on 7/29/2010.(VS) (Entered: 07/29/2010)

Mail Returned as undeliverable. 67 Closed Dismissed sent to Ralph william Taylor. (NKD) (Entered: 08/03/2010)

Petition to intervene, filed by Plaintiff SABRI BENKAHLA. (VS) (Entered: 08/10/2010)

ENTRY - William Oscar Harris, Rex Russel Dean Landers, and Ralph William Taylor renew their motion to intervene. The previous motion to intervene was pending at the time of judgment and was denied by operation of law when final judgment was entered; The renewed motion to intervene (dkt 69) is likewise denied. The potential intervenors have not shown that their motion is timely or that they share common interests with the plaintiff in this case. Signed by Judge William T. Lawrence on 10/20/2010.(served by U. S. mail)(VS) (Entered: 10/22/2010)

NOTICE & Demand for immediate remedy, filed by Plaintiff SABRI BENKAHLA (NKD) (Additional attachment(s) added on 11/8/2010: # 1 Notice with Entry) (NKD). (Entered: 11/08/2010)

AFFIDAVIT (3rd Party intervenors') in Support of Order Confirming Intervention by William Oscar Harris.(NKD) (Entered: 12/14/2010)