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Case TitleCarter v. United States of America et al
DistrictSouthern District of Ohio
CityCincinnati
Case Number1:2016cv00530
Date Filed2016-05-06
Date Closed2017-03-20
JudgeJudge Michael R. Barrett
PlaintiffOrlando Carter, r
Case DescriptionOrlando Carter submitted a FOIA request to the U.S. Attorney's Office in Cincinnati for records concerning the agency's claim that Carter's business had a creditor obligation to PNC Bank. The agency acknowledged receipt of the request, but after hearing nothing further from the agency, Carter filed suit.
Complaint issues: Failure to respond within statutory time limit

DefendantUnited States of America
DefendantUnited States Attorney's Office a Component of the United States Depart of Justice
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint
Opinion/Order [14]
FOIA Project Annotation: A federal court in Ohio has ruled that prisoner Orlando Carter has not shown that EOUSA received his FOIA request sent to the U.S. Attorney's Office in Cincinnati for records concerning his conviction. Carter sent his request certified, but when he filed suit after the agency failed to respond, the agency told the court it had no record of receiving the request. Carter produced a copy of the certified mail receipt, but the court noted that Carter had chosen not to get a return receipt. Carter argued that tracking information on the U.S. Postal Service's website indicated his letter had been delivered. The court, however, noted that "this is insufficient to establish that the agency actually received plaintiff's request. The tracking information shows only that the item was delivered to somewhere in 'Cincinnati, OH 45202,' not the specific address of the Cincinnati office of the United States Attorney."
Issues: Request - Receipt
Opinion/Order [23]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2016-05-061MOTION for Leave to Proceed in forma pauperis by Plaintiff Orlando Carter, r. (Attachments: # 1 Complaint, # 2 Summons Form, # 3 Civil Cover Sheet) (eh) (Entered: 05/06/2016)
2016-05-09***If this case is referred, it will be to Magistrate Judge Karen L. Litkovitz. (jee) (Entered: 05/09/2016)
2016-05-132ORDER granting 1 Motion for Leave to Proceed in forma pauperis and Ordering the collection of the full filing fee. Signed by Magistrate Judge Karen L. Litkovitz on 5/12/2016. (jee)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) (Entered: 05/13/2016)
2016-05-133COMPLAINT against United States Attorney's Office, United States of America, filed by Orlando Carter, r. (jee) (Entered: 05/13/2016)
2016-05-134ORDER - It is Ordered that the United States Marshal shall serve a copy of the complaint, summons, and this order upon defendants as directed by plaintiff. Signed by Magistrate Judge Karen L. Litkovitz on 5/12/2016. (jee)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) (Entered: 05/13/2016)
2016-05-135Summons Issued as to United States Attorney's Office, United States of America, and U.S. Attorney General and sent to US Marshals along with USM285, complaint, and order for service. (jee) (Entered: 05/13/2016)
2016-06-026SUMMONS Returned Executed as to Defendant United States of America, U.S. Attorney's Office, U.S. Department of Justice. United States Attorney's Office served on 5/23/2016, answer due 7/22/2016. (jee) (Entered: 06/02/2016)
2016-06-077SUMMONS Returned Executed as to Defendant United States of America. United States of America served on 5/31/2016, answer due 8/1/2016. (jee) (Entered: 06/07/2016)
2016-06-098MOTION to Dismiss for Lack of Jurisdiction by Defendant United States Attorney's Office. Responses due by 7/5/2016 (Attachments: # 1 Declaration) (Pantel, Nicholas) (Entered: 06/09/2016)
2016-06-099MOTION to Amend/Supplement Original 3 Complaint and, MOTION for Order Requiring Defendant's Response Within 30 Days Pursuant to Title 5 U.S.C. 552(a)(4)(C). ( Responses due by 7/5/2016) by Plaintiff Orlando Carter, r. (Attachments: # 1 Amendment/Supplement to Complaint) (jee) (Entered: 06/09/2016)
2016-06-3010DECLARATION by Plaintiff Orlando Carter. (Attachments: # 1 Exhibits) (jee) (Entered: 06/30/2016)
2016-06-3011Emergency MOTION for Temporary Restraining Order and Preliminary Injunction and Request for an Emergency Hearing by Plaintiff Orlando Carter, r. Responses due by 7/25/2016 (jee) (Entered: 06/30/2016)
2016-06-3012RESPONSE in Opposition re 8 MOTION to Dismiss for Lack of Jurisdiction filed by Plaintiff Orlando Carter, r. (jee) (Entered: 06/30/2016)
2016-08-1113MOTION for Order to Show Cause re 11 Temporary Restraining Order and Preliminary Injunction by Plaintiff Orlando Carter, r. Responses due by 9/6/2016. (jee) (Entered: 08/11/2016)
2016-08-1614REPORT AND RECOMMENDATION that defendants' 8 MOTION to Dismiss be Granted. Objections to R&R due by 9/2/2016. Signed by Magistrate Judge Karen L. Litkovitz on 8/16/2016. (art)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) (Entered: 08/16/2016)
2016-08-3115MOTION for Extension of Time by Plaintiff Orlando Carter, r. New date requested 9/23/2016. Responses due by 9/26/2016 (jee) (Entered: 08/31/2016)
2016-09-0216ORDER granting 15 Motion for Extension of Time. Plaintiff shall have up to and including September 23, 2016 to file his objections to the Magistrate Judges 14 Report and Recommendation. Signed by Judge Michael R. Barrett on 9/2/16. (eh)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) (Entered: 09/02/2016)
2016-09-0817OBJECTION to 14 Report and Recommendations by Plaintiff Orlando Carter, r. (eh) (Entered: 09/08/2016)
2016-09-1418MOTION for Declaratory Judgment and to Expedite Docket to Grant Relief Sought Herein, Pursuant to FRCP 57 and Title 28 USC 2201 by Plaintiff Orlando Carter, r. (eh) (Entered: 09/14/2016)
2016-09-2319MOTION for Preliminary Hearing by Plaintiff Orlando Carter, r. Responses due by 10/17/2016 (Attachments: # 1 Exhibit) (jee) (Entered: 09/23/2016)
2016-11-0320MOTION for Status Regarding Emergency Motion for A Temporary Restraining Order and Preliminary Injunction and MOTION for Order to Show Cause Regarding the Same by Plaintiff Orlando Carter, r.( Responses due by 11/28/2016), (jee) (Entered: 11/04/2016)
2016-12-2121NOTICE of Change of Address by Plaintiff Orlando Carter, r. (eh) (Entered: 12/21/2016)
2017-03-1522MOTION of Deception/Misrepresentation by the United States Attorneys Office/Request for Judicial Notice by Plaintiff Orlando Carter, r. (eh) (Entered: 03/15/2017)
2017-03-2023ORDER adopting Report and Recommendation re 14 Report and Recommendation granting 8 Motion to Dismiss for Lack of Jurisdiction; denying 9 Motion to Amend/Correct; finding as moot 11 Motion for TRO; finding as moot 13 Motion for Order to; finding as moot 18 Motion for Declaratory Judgment; finding as moot 18 Motion to Expedite; finding as moot 19 Motion for Hearing; finding as moot 20 Motion for Order to; finding as moot 20 Motion ; finding as moot 22 Motion. Signed by Judge Michael R. Barrett on 3/20/17. (ba)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) (Entered: 03/20/2017)
2017-03-2024CLERK'S JUDGMENT filed concurrently with 23 Order signed by Judge Michael R. Barrett on 3/20/17. (ba)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) (Entered: 03/20/2017)
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by FOIA Project Staff