Case Detail

FOIA Project Annotation: Judge Robert Wilkins has ruled that the Bureau of Prisons must disclose a copy of Peter Varley's 1991 Sentence Monitoring Computation Data form after finding that the record did not fall under BOP's policy allowing prisoners to view such documents but not to retain a copy of them. The agency relied on Martinez v. Bureau of Prisons, 444 F.3d 620 (D.C. Cir. 2006), in which the D.C. Circuit upheld the Bureau's policy because prisoners might be subjected to physical harm if other inmates knew the details of their sentences. But Wilkins pointed out that the policy was meant to protect dissemination of a prisoner's financial information and the SMCD contained nothing more than the crime for which the individual was convicted. Wilkins observed that "there is no evidence before the Court that the SMCD contains information that falls within the stated basis for the BOP policy, and consequently, Martinez does not control the outcome here." The agency's fallback position was that the record was protected by Exemption 7(F) (harm to safety of an individual). Wilkins indicated that "the record in the present case does not support a finding that there is a nexus between disclosure and any possible harm because the nature of Varley's conviction has already been disclosed." He added that "the BOP has not disputed Varley's assertion that [the facility] operates a sex offender treatment program and that inmates who must participate, 'including [Plaintiff],' are notified of the time and location for the meeting by means of a publicly-posted list identifying that inmate's name and register number."
Issues: Request

Date Filed	Doc #	Docket Text
2011-03-09	1	COMPLAINT against FEDERAL BUREAU OF PRISONS ( Filing fee $ 350, receipt number 4616037115) filed by PETER VARLEY. (Attachments: # 1 Exhibits, # 2 Civil Cover Sheet)(rdj) (Entered: 03/10/2011)
2011-03-09		SUMMONS (3) Issued as to FEDERAL BUREAU OF PRISONS, U.S. Attorney and U.S. Attorney General (rdj) (Entered: 03/10/2011)
2011-05-31	2	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 5/5/2011. Answer due for ALL FEDERAL DEFENDANTS by 6/4/2011. (td, ) (Entered: 06/02/2011)
2011-05-31	3	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. FEDERAL BUREAU OF PRISONS served on 3/28/2011, RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 5/9/2011. (See Docket entry 2 to view document)(rdj) (Entered: 06/03/2011)
2011-06-14	4	NOTICE of Appearance by Sharon L. Tucker on behalf of FEDERAL BUREAU OF PRISONS (Tucker, Sharon) (Entered: 06/14/2011)
2011-06-14	5	RESPONSE re 2 Summons Returned Executed in FOIA as to U.S. Attorney for the District of Columbia filed by FEDERAL BUREAU OF PRISONS. (Attachments: # 1 Declaration Daniel Van Horn, # 2 Declaration Civil-Process Clerk)(Tucker, Sharon) (Entered: 06/14/2011)
2011-06-27	6	NOTICE regarding Consent by PETER VARLEY re 5 Response to Document (rdj) (Entered: 06/29/2011)
2011-06-30	7	AMENDED COMPLAINT against FEDERAL BUREAU OF PRISONS filed by PETER VARLEY. (Attachments: # 1 Exhibit, # 2 Notice)(rdj) (Entered: 07/01/2011)
2011-07-18	8	MOTION for Extension of Time to Respond by FEDERAL BUREAU OF PRISONS (Tucker, Sharon) (Entered: 07/18/2011)
2011-07-20	9	ORDER granting 8 MOTION for Extension of Time to Respond ; and it isFURTHER ORDERED that Defendant shall have to, and including Wednesday, July 28, 2011, to respond regarding this matter. Signed by Judge Robert L. Wilkins on 7/20/2011. (tcb) (Entered: 07/20/2011)
2011-07-20		NOTICE: The Court's order dated July 20, 2011 has been mailed to Plaintiff: PETER VARLEY at the following address: R02253-424, ELKTON Satellite Low, FEDERAL CORRECTIONAL INSTITUTION, Inmate Mail/Parcels, P.O. BOX 10,LISBON, OH 44432 (tcb) (Entered: 07/20/2011)
2011-07-27	10	MOTION for Summary Judgment by FEDERAL BUREAU OF PRISONS (Attachments: # 1 Declaration Vanessa Herbin-Smith, # 2 Exhibit)(Tucker, Sharon) (Entered: 07/27/2011)
2011-07-27	11	ANSWER to 7 Amended Complaint by FEDERAL BUREAU OF PRISONS. Related document: 7 Amended Complaint filed by PETER VARLEY.(Tucker, Sharon) (Entered: 07/27/2011)
2011-08-10	12	MOTION to Set Deadline to Respond to Defendant's Motion for Summary Judgment by PETER VARLEY (dr) (Entered: 08/11/2011)
2011-08-15	13	ORDER granting 12 MOTION to Set Deadline to Respond to Defendant's Motion for Summary Judgment; it is hereby ORDERED that plaintiff shall file (mail) his opposition or other response to the defendants Motion for Summary Judgment not later than September 2, 2011. If the plaintiff fails to respond timely, the Court may grant the motion as conceded and may summarily dismiss the complaint. The defendant shall file a reply, if any, not later than September 23, 2011. The Clerk is directed to mail a copy of this Order promptly to the plaintiff at his address of record. Signed by Judge Robert L. Wilkins on 8/15/2011. (tcb) (Entered: 08/15/2011)
2011-08-15		NOTICE: The Court's Order dated 8/15/2011 has been mailed by first class mail to Plaintiff: PETER VARLEY at the following address: R02253-424 ELKTON Satellite Low,FEDERAL CORRECTIONAL INSTITUTION,Inmate Mail/Parcels P.O. BOX 10,LISBON, OH 44432 on 8/15/2011. (tcb) (Entered: 08/15/2011)
2011-09-06	14	Memorandum in opposition to re 10 MOTION for Summary Judgment filed by PETER VARLEY. (dr) (Entered: 09/08/2011)
2011-09-06	15	RESPONSE to Defendant's Statement of Material Facts as to which there is no Material Dispute re 10 MOTION for Summary Judgment filed by PETER VARLEY. (dr) (Entered: 09/08/2011)
2011-09-23	16	MOTION for Extension of Time to File Response/Reply by FEDERAL BUREAU OF PRISONS (Cherry, Felice) (Entered: 09/23/2011)
2011-09-26	17	ORDER granting 16 MOTION for Extension of Time to File Response/Reply; and it is further ORDERED that Defendants shall have to, and including, Monday, October 24, 2011, to file their reply in this action. Signed by Judge Robert L. Wilkins on 9/26/2011. (tcb) (Entered: 09/26/2011)
2011-10-03	18	REPLY to opposition to motion re 10 MOTION for Summary Judgment filed by FEDERAL BUREAU OF PRISONS. (Attachments: # 1 Exhibit Letter from Peter Varley dated July 24, 2011, # 2 Exhibit Declaration of Lisa Shepas)(Cherry, Felice) (Entered: 10/03/2011)
2012-02-03	19	NOTICE OF SUBSTITUTION OF COUNSEL by Benjamin Cory Schwartz on behalf of All Defendants Substituting for attorney Felice D. Cherry (Schwartz, Benjamin) (Entered: 02/03/2012)
2012-02-08	20	SUPPLEMENTAL MEMORANDUM to re 10 MOTION for Summary Judgment filed by PETER VARLEY. (rdj) (Entered: 02/09/2012)
2012-02-13	21	Cross MOTION for Summary Judgment by PETER VARLEY (rdj) (Entered: 02/15/2012)
2012-03-05	22	MOTION for Extension of Time to File Response/Reply as to 21 MOTION for Summary Judgment by FEDERAL BUREAU OF PRISONS (Schwartz, Benjamin) (Entered: 03/05/2012)
2012-03-06	23	ORDER granting 22 MOTION for Extension of Time to File Response/Reply as to 21 MOTION for Summary Judgment; and it is further ORDERED that Defendant shall have to, and including, Tuesday, March 20, 2012, to file its response to Plaintiffs Cross-Motion for Summary Judgment. Signed by Judge Robert L. Wilkins on 3/6/2012. (tcb) (Entered: 03/06/2012)
2012-03-19	24	Memorandum in opposition to re 21 MOTION for Summary Judgment and Motion to Dismiss filed by FEDERAL BUREAU OF PRISONS. (Attachments: # 1 Declaration, # 2 Declaration, # 3 Declaration)(Schwartz, Benjamin) (Entered: 03/19/2012)
2012-03-19	25	MOTION to Dismiss and Opposition to Cross-Motion for Summary Judgment by FEDERAL BUREAU OF PRISONS (Attachments: # 1 Declaration Pitts, # 2 Declaration Herbin-Smith, # 3 Declaration Garcia)(Schwartz, Benjamin) (Entered: 03/19/2012)
2012-03-20	26	ORDER: it is hereby ORDERED that plaintiff shall file (mail) his opposition or other response to the defendants Motion to Dismiss not later than April 19, 2012. If the plaintiff fails to respond timely, the Court may grant the motion as conceded and may summarily dismiss the complaint. The defendants shall file a reply, if any, not later than May 10, 2012. The Clerk is directed to mail a copy of this Order promptly to the plaintiff at his address of record. Signed by Judge Robert L. Wilkins on 3/20/2012. (tcb) (Entered: 03/20/2012)
2012-03-20		NOTICE: The Court's order dated 3/20/2012 has been mailed by first class mail to Plaintiff: PETER VARLEY,R02253-424 ELKTON Satellite Low,FEDERAL CORRECTIONAL INSTITUTION Inmate Mail/Parcels P.O. BOX 10 LISBON, OH 44432 on March 20, 2012. (tcb) (Entered: 03/20/2012)
2012-04-23	27	MOTION for Extension of Time to File Response/Reply as to 25 MOTION to Dismiss and 24 Opposition to Cross-Motion for Summary Judgment by PETER VARLEY (rdj) (Entered: 04/25/2012)
2012-04-26		MINUTE ORDER granting 27 MOTION for Extension of Time to File Response/Reply as to 25 MOTION to Dismiss and 24 Opposition to Cross-Motion for Summary Judgment. Signed by Judge Robert L. Wilkins on 4/26/2012. (tcb) (Entered: 04/26/2012)
2012-04-27		NOTICE: The Court's order dated April 26, 2012 has been mailed by first class mail to Plaintiff: PETER VARLEY,R02253-424 ELKTON,Satellite Low FEDERAL CORRECTIONAL INSTITUTION,Inmate Mail/Parcels,P.O. BOX 10,LISBON, OH 44432 on 4/27/2012. (tcb) (Entered: 04/27/2012)
2012-04-30	28	Memorandum in opposition to re 25 MOTION to Dismiss and Opposition to Cross-Motion for Summary Judgment filed by PETER VARLEY. (rdj) (Entered: 05/01/2012)
2012-05-11	29	REPLY to opposition to motion re 25 MOTION to Dismiss and Opposition to Cross-Motion for Summary Judgment filed by FEDERAL BUREAU OF PRISONS. (Schwartz, Benjamin) (Entered: 05/11/2012)
2012-08-16	30	MOTION for Leave to Appear Substitute Counsel by FEDERAL BUREAU OF PRISONS (Maier, Peter) (Entered: 08/16/2012)
2012-08-17		MINUTE ORDER granting 30 MOTION for Leave to Appear Substitute Counsel. Signed by Judge Robert L. Wilkins on 8/17/2012. (tcb) (Entered: 08/17/2012)
2012-08-28	31	NOTICE OF SUBSTITUTION OF COUNSEL by Peter Rolf Maier on behalf of All Defendants Substituting for attorney Benjamin Cory Schwartz (Maier, Peter) (Entered: 08/28/2012)
2012-09-30	32	MEMORANDUM AND OPINION: Re 10 MOTION for Summary Judgment by FEDERAL BUREAU OF PRISONS; 25 MOTION to Dismiss and Opposition to Cross-Motion for Summary Judgment by FEDERAL BUREAU OF PRISONS; 21 Cross MOTION for Summary Judgment by PETER VARLEY. Signed by Judge Robert L. Wilkins on 9/30/12. (lcrlw1) (Entered: 09/30/2012)
2012-09-30	33	ORDER denying 10 Motion for Summary Judgment; denying 25 Motion to Dismiss; granting 21 Motion for Summary Judgment. Plaintiff shall submit a Bill of Costs, pursuant to 28 U.S.C. § 1924, not later than November 1, 2012. This action is hereby dismissed, with prejudice. The Clerk of the Court shall mail a copy of this Order and the accompanying Memorandum Opinion to: PETER VARLEY R02253-424 ELKTON Satellite Low, FEDERAL CORRECTIONAL INSTITUTION, Inmate Mail/Parcels, P.O. BOX 10 LISBON, OH 44432. Signed by Judge Robert L. Wilkins on 9/30/12. (lcrlw1) (Entered: 09/30/2012)
2012-10-22	34	BILL OF COSTS by PETER VARLEY. (rdj) (Entered: 10/24/2012)
2013-02-20	35	BILL OF COSTS AS TAXED by the Clerk in favor of plaintiff PETER VARLEY in the amount of $419.20 against defendant FEDERAL BUREAU OF PRISONS (zgt, ) (Entered: 02/20/2013)
2013-11-20	36	Letter to the Court from PETER VARLEY "Leave to file GRANTED", by Judge Robert L. Wilkins(rdj) (Entered: 11/20/2013)
2013-11-21	37	DISCHARGED PURSUANT TO MINUTE ORDER FILED ON 1/16/2014.....ORDER TO SHOW CAUSE; On November 20, 2013, the Court received a letter from the Plaintiff dated November 12,2013, in which he asserted that he: (1) has not received reimbursement for his court costs; and (2) he has not received his 1991 Sentence Monitoring Computation Data form. A copy of that letter is attached to this order. Not later than December 12, 2013, the Defendant shall Show Cause why this Court should not intervene for the purpose of effectuating the directives of this Court relating to the above matters. [See Docs. 34, 35 32,33]. The Clerk of the Court shall mail a copy of this Order to: PETER VARLEY,R02253-424,ELKTON,Satellite Low,FEDERAL CORRECTIONAL INSTITUTION Inmate Mail/Parcels, P.O. BOX 10, LISBON, OH 44432. Signed by Judge Robert L. Wilkins on 11/21/2013. (Attachments: # 1 Letter) (tcb) Modified on 1/16/2014 (ztcb, ). (Entered: 11/21/2013)
2013-11-21		NOTICE: The Court's Order to Show Cause filed on 11/21/2013 has been mailed by first class mail to Plaintiff: PETER VARLEY,R02253-424,ELKTON,Satellite Low,FEDERAL CORRECTIONAL INSTITUTION, Inmate Mail/Parcels, P.O. BOX 10, LISBON, OH 44432 on November 21, 2013. (tcb) (Entered: 11/21/2013)
2014-01-08		MINUTE ORDER: Not later than January 15, 2014, the Defendant shall respond to the Court's November 21, 2013 Show Cause Order 37 . The Clerk of the Court shall mail a copy of this order to the Plaintiff. Signed by Judge Robert L. Wilkins on 1/8/14.(lcrlw1) (Entered: 01/08/2014)
2014-01-08		NOTICE: The following documents were faxed to the Chief of the Civil Division for the U.S Attorney's office: 1) a copy of the Minute Order entered 1/8/14; and 2) a copy of the show cause order 37 , including attachments. (lcrlw1) (Entered: 01/08/2014)
2014-01-09		NOTICE: The Court's Minute Order has been mailed by first class mail to Plaintiff: PETER VARLEY, R02253-424, ELKTON Satellite Low, FEDERAL CORRECTIONAL INSTITUTION, Inmate Mail/Parcels P.O. BOX 10, LISBON, OH 44432 (tcb) (Entered: 01/09/2014)
2014-01-15	38	RESPONSE TO ORDER TO SHOW CAUSE by FEDERAL BUREAU OF PRISONS . (Attachments: # 1 Exhibit)(Maier, Peter) (Entered: 01/15/2014)
2014-01-16		MINUTE ORDER: It is hereby ORDERED that the Order to Show Cause issued on November 21, 2013 is DISCHARGED. Signed by Judge Robert L. Wilkins on 1/16/2014. (tcb) (Entered: 01/16/2014)
2014-01-16		NOTICE: The Court's Minute Order has been mailed to Plaintiff: PETER VARLEY R02253-424 ELKTON, Satellite Low FEDERAL CORRECTIONAL INSTITUTION, Inmate Mail/Parcels, P.O. BOX 10 LISBON, OH 44432 on 1/16/2014 (tcb) (Entered: 01/16/2014)
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