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Case TitleCarter v. USDA et al
DistrictWestern District of Arkansas
CityEl Dorado
Case Number1:2016cv01050
Date Filed2016-06-07
Date Closed2017-09-13
JudgeHonorable Susan O. Hickey
PlaintiffJessie Carter
Case DescriptionJennifer Carter submitted requests to the Department of Agriculture. The responses she received had redactions and/or no records. She submitted an appeal, but after hearing nothing further from the agency, she filed suit.
Complaint issues: Failure to respond within statutory time limit

DefendantUSDA
DefendantJennifer Weatherly FOI Officer and/or responsible official with USDA
Documents
Docket
Complaint
Opinion/Order [8]
FOIA Project Annotation: A federal court in Arkansas has accepted the magistrate judge's recommendation finding that Jessie Carter failed to show he had exhausted administrative remedies as to two FOIA requests he made the Department of Agriculture. However, the court disagreed that Carter had failed to exhaust his administrative as to a third request, finding instead that there was no indication that agency had ever responded.
Issues: Litigation - Jurisdiction - Failure to Exhaust
Opinion/Order [26]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2016-06-071COMPLAINT against USDA, Jennifer Weatherly-USDA FOI Officer, filed by Jessie Carter.(cnn) (Entered: 06/07/2016)
2016-06-072MOTION for Leave to Proceed in forma pauperis and MOTION for Service by Jessie Carter. (cnn) (Entered: 06/07/2016)
2016-06-073Magistrate Notice/Consent Furnished (cnn) (Entered: 06/07/2016)
2016-06-07MOTIONS REFERRED: 2 MOTION for Leave to Proceed in forma pauperis and MOTION for Service. Motions referred to Honorable Barry A. Bryant.(cnn) (Entered: 06/07/2016)
2016-06-204ORDER granting 2 Motion for Leave to Proceed in forma pauperis. Signed by Honorable Barry A. Bryant on June 20, 2016. (mll) (Entered: 06/20/2016)
2016-06-205REPORT AND RECOMMENDATIONS re 1 Complaint filed by Jessie Carter. Objections to R&R due by 7/8/2016. Signed by Honorable Barry A. Bryant on June 20, 2016. (mll) (Entered: 06/20/2016)
2016-07-076OBJECTION to 5 Report and Recommendations by Jessie Carter. (cnn) (Entered: 07/07/2016)
2016-07-147ADDENDUM by Jessie Carter to 6 Objection to Report and Recommendations.. (cnn) (Entered: 07/14/2016)
2016-09-308ORDER adopting in part Report and Recommendations re 5 ; ORDER REFERRING CASE to Honorable Barry A. Bryant re Motion for Service as it relates to FOIA appeal #2015-FNS-00207-A. Signed by Honorable Susan O. Hickey on September 30, 2016. Motions referred to Honorable Barry A. Bryant.(cnn) (Entered: 09/30/2016)
2016-10-069ORDER granting 2 Motion to proceed IFP and for Service; DIRECTING THE MARSHALS SERVICE TO SERVE USDA and granting 60 days to answer. Signed by Honorable Barry A. Bryant on October 6, 2016. (cc: U.S. Marshals Service)(cnn) (Entered: 10/06/2016)
2016-10-0610THE DOCUMENT IS RESTRICTED TO COURT USERS. Summons Issued as to USDA, U.S. Attorney and USM285 Form(s) Delivered to USMS for each defendant for whom summons was issued with the following documents attached: re 1 Complaint, 9 Order Directing Service, 3 Magistrate Notice/Consent. (cnn) (Entered: 10/06/2016)
2016-10-2511USM 285/SUMMONS Returned Executed by Jessie Carter. USDA served on 10/13/2016, answer due 12/12/2016. (cnn) (Entered: 10/25/2016)
2016-10-25DOCKET ANNOTATION OF MAILING: A copy of the following document(s) 11 Summons Returned Executed as to USA was/were mailed to non-ECF Case Participant(s) Jessie Carter on 10/25/2016. (cnn) (Entered: 10/25/2016)
2016-11-0112USM285 Form Received from USMS service of documents on USDA/Washington DC 10/21/16 re 1 Complaint, 10 Summons Issued as to USA, 9 Order Directing Service. (cnn) (Entered: 11/01/2016)
2016-11-01DOCKET ANNOTATION OF MAILING: A copy of the following document(s) 12 USM285 Form Received from USMS was/were mailed to non-ECF Case Participant(s) Jessie Carter on 11/1/2016. (cnn) (Entered: 11/01/2016)
2016-12-0913MOTION for Extension of Time to File Answer re 1 Complaint by USDA, Jennifer Weatherly. Motions referred to Barry A. Bryant.(Webb, Mark) (Entered: 12/09/2016)
2016-12-1314ORDER granting 13 Motion for Extension of Time to Answer; answer due 1/13/2017. Signed by Honorable Barry A. Bryant on December 13, 2016. (cnn) (Entered: 12/13/2016)
2016-12-13DOCKET ANNOTATION OF MAILING: A copy of the following document(s) 14 Order on Motion for Extension of Time to Answer was/were mailed to non-ECF Case Participant(s) Jessie Carter on 12/13/2016. (cnn) (Entered: 12/13/2016)
2017-01-1315MOTION to Dismiss Case by USDA, Jennifer Weatherly. (Attachments: # 1 Exhibit Weatherly E-mail)Motions referred to Barry A. Bryant.(Webb, Mark) (Entered: 01/13/2017)
2017-01-2716RESPONSE to Motion re 15 MOTION to Dismiss Case filed by Jessie Carter. (cnn) (Entered: 01/27/2017)
2017-01-27DOCKET ANNOTATION OF MAILING: A copy of the following document(s) 16 Response to Motion was/were returned by hand to non-ECF Case Participant(s) Jessie Carter on 1/27/2017. (conventionally filed in person) (cnn) (Entered: 01/27/2017)
2017-02-0317REPLY to Response to Motion re 15 MOTION to Dismiss Case filed by USDA, Jennifer Weatherly. (Attachments: # 1 Exhibit Declaration of Jennifer Weatherly)(Webb, Mark) (Entered: 02/03/2017)
2017-02-0718MEMORANDUM BRIEF in Support of 16 Response to Motion to Dismiss by Jessie Carter. (cnn) (Entered: 02/07/2017)
2017-02-07DOCKET ANNOTATION OF MAILING: A copy of the following document(s) 18 Memorandum Brief in Support was/were returned by hand to non-ECF Case Participant(s) Jessie Carter on 2/7/2017. (conventionally filed in person) (cnn) (Entered: 02/07/2017)
2017-02-2419SUPPLEMENT by Defendants USDA, Jennifer Weatherly to 17 Reply to Response to Motion . (Attachments: # 1 Exhibit Supplemental Declaration of Jennifer Weatherly)(Webb, Mark) (Entered: 02/24/2017)
2017-03-1620REPORT AND RECOMMENDATIONS re 15 MOTION to Dismiss Case filed by Jennifer Weatherly, USDA. Objections to R&R due by 4/3/2017. Signed by Honorable Barry A. Bryant on March 16, 2017. (cnn) (Entered: 03/16/2017)
2017-03-16DOCKET ANNOTATION OF MAILING: A copy of the following document(s) 20 Report and Recommendations was/were mailed to non-ECF Case Participant(s) Jessie Carter on 3/16/2017. (cnn) (Entered: 03/16/2017)
2017-03-2921OBJECTION to 20 Report and Recommendations by Jessie Carter. (cnn) (Entered: 03/29/2017)
2017-03-29DOCKET ANNOTATION OF MAILING: A copy of the following document(s) 21 Objection to Report and Recommendations was/were hand delivered to non-ECF Case Participant(s) Jessie Carter on 3/29/2017. (cnn) (Entered: 03/29/2017)
2017-04-1122ADDENDUM by Jessie Carter to 21 Objection to Report and Recommendations (cnn) (Entered: 04/12/2017)
2017-04-11DOCKET ANNOTATION OF MAILING: A copy of the following document(s) 22 Addendum was/were hand delivered to non-ECF Case Participant(s) Jessie Carter on 4/11/2017. (cnn) (Entered: 04/12/2017)
2017-06-0523ORDER declining to adopt 20 Report and Recommendations; see order for further specifics. Signed by Honorable Susan O. Hickey on June 5, 2017. (cnn) (Entered: 06/05/2017)
2017-06-05DOCKET ANNOTATION OF MAILING: A copy of the following document(s) 23 Order on Report and Recommendations was/were mailed to non-ECF Case Participant(s) Jessie Carter on 6/5/2017. (cnn) (Entered: 06/05/2017)
2017-06-2624Amended MOTION to Dismiss by USDA, Jennifer Weatherly. (Attachments: # 1 Exhibit Supplemental Declaration)(Webb, Mark) (Entered: 06/26/2017)
2017-07-1025RESPONSE to Motion re 24 Amended MOTION to Dismiss filed by Jessie Carter. (cnn) (Entered: 07/10/2017)
2017-07-10DOCKET ANNOTATION OF MAILING: A copy of the following document(s) 25 Response to Motion was/were hand delivered to non-ECF Case Participant(s) Jessie Carter on 7/10/2017. (cnn) (Entered: 07/10/2017)
2017-09-1326ORDER granting 24 Amended Motion to Dismiss; case dismissed as moot. Signed by Honorable Susan O. Hickey on September 13, 2017. (cnn) (Entered: 09/13/2017)
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by FOIA Project Staff