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Case TitleJENKINS v. UNITED STATES DEPARTMENT OF JUSTICE
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2016cv01676
Date Filed2016-08-17
Date Closed2017-07-12
JudgeJudge Colleen Kollar-Kotelly
PlaintiffVAN JENKINS
Case DescriptionVan Jenkins, a state prisoner in Michigan, submitted a FOIA request to the Executive Office for U.S. Attorneys for records about him. The agency initially told Jenkins that he had to provide proof of identity and later that he needed to identify the location of records. Jenkins ultimately filed suit.
Complaint issues: Failure to respond within statutory time limit

DefendantUNITED STATES DEPARTMENT OF JUSTICE
Documents
Docket
Complaint
Complaint attachment 1
Opinion/Order [35]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2016-08-171COMPLAINT against UNITED STATES DEPARTMENT OF JUSTICE filed by VAN JENKINS. (Attachments: # 1 Civil Cover Sheet)(td) (Entered: 08/18/2016)
2016-08-172MOTION for Leave to Proceed in forma pauperis by VAN JENKINS (td) (Entered: 08/18/2016)
2016-08-173PRISONER ACCOUNT STATEMENT by VAN JENKINS (td) (Entered: 08/18/2016)
2016-08-174ORDERED that this civil action shall proceed under the Freedom of Information Act Against the United Sates Department of Justice. Thomas D. Anderson is DISMISSED WITH PREJUDICE as a party defendant.. Signed by Judge Christopher R. Cooper on 8/16/16. (See order for further details.) (td) (Entered: 08/18/2016)
2016-08-175ORDER directing an initial partial filing fee in the amount of $.76 from Prison Account of Van Jenkins and granting MOTION for Leave to Proceed In Forma Pauperis (see order for full details). Signed by Judge Christopher R. Cooper on 8/16/16. (td) (Entered: 08/18/2016)
2016-08-196SUMMONS (3) Issued as to UNITED STATES DEPARTMENT OF JUSTICE, U.S. Attorney and U.S. Attorney General (md) (Entered: 08/19/2016)
2016-08-227ORDER Establishing Procedures for Cases Assigned to Judge Colleen Kollar-Kotelly. Signed by Judge Colleen Kollar-Kotelly on August 22, 2016. (NS) (Entered: 08/22/2016)
2016-08-268RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 8/24/2016. ( Answer due for ALL FEDERAL DEFENDANTS by 9/23/2016.), RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 8/24/16., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES DEPARTMENT OF JUSTICE served on 8/24/2016 (td) (Entered: 08/29/2016)
2016-09-069NOTICE of Affidavit by VAN JENKINS (td) (Entered: 09/08/2016)
2016-09-2210MOTION for Extension of Time to File Answer re 1 Complaint by UNITED STATES DEPARTMENT OF JUSTICE (Posner, Michael) (Entered: 09/22/2016)
2016-09-26MINUTE ORDER: Defendant's 10 Motion for Extension of Time is granted, and its Answer or other response to the Complaint is due 11/8/2016. Signed by Judge Colleen Kollar-Kotelly on 9/26/16. (ms) (Entered: 09/26/2016)
2016-09-26Set/Reset Deadlines: Answer due by 11/8/2016. (dot) (Entered: 09/27/2016)
2016-09-2611NOTICE of Change of Address by VAN JENKINS (td) (Entered: 09/29/2016)
2016-10-1412MOTION to Compel FOIA Disclosures by VAN JENKINS (td) (Entered: 10/18/2016)
2016-10-1413MOTION to Enter Default Against the United States Department of Justice F.R.C.P. Rule 55(a) by VAN JENKINS (td) (Entered: 10/18/2016)
2016-10-21MINUTE ORDER: The Court granted Defendant's Motion for an Extension of Time by minute order on September 26, 2016, and its Answer or other response to the Complaint is now due by November 8, 2016. Thus, defendant has not failed to plead or otherwise defend this case, and entry of a default judgment under Federal Rule of Civil Procedure 55 is not warranted. Plaintiff's Request to Enter Default Judgment Against the United States Department of Justice 13 is DENIED. Because defendant has not yet responded to the Complaint, plaintiff's Motion to Compel FOIA Disclosures 12 is premature, and it is DENIED without prejudice. Signed by Judge Colleen Kollar-Kotelly on 10/21/16. (ms) (Entered: 10/21/2016)
2016-10-2414MOTION for Reconsideration re Minute Order on Motion to Compel, Order on Motion for Order,,,, by VAN JENKINS (td) (Entered: 10/25/2016)
2016-10-2715MOTION for Summary Judgment and to Dismiss by UNITED STATES DEPARTMENT OF JUSTICE (Attachments: # 1 Declaration of David Luczynski)(Posner, Michael). Added MOTION to Dismiss on 10/28/2016 (znmw). (Entered: 10/27/2016)
2016-10-28MINUTE ORDER: It is hereby ORDERED that Plaintiff's Motion for Reconsideration or Rehearing of Defendant's Motion for Enlargement of Time & Entering Plaintiff's Default for Untimely Response to Time to Answer the Complaint 14 is DENIED. The Court granted defendant's motion for an extension of time, to November 8, 2016, to file its Answer or other response to the Complaint, and defendant's Motion for Summary Judgment or to Dismiss, filed on October 17, 2016, is timely. Signed by Judge Colleen Kollar-Kotelly on 10/28/16. (ms) (Entered: 10/28/2016)
2016-10-2816Order advising plaintiff to respond by 12/2/2016 to the 15 MOTION for Summary Judgment and to Dismiss filed by the UNITED STATES DEPARTMENT OF JUSTICE, or the Court may treat the motion as conceded. Signed by Judge Colleen Kollar-Kotelly on 10/28/16. (ms) (Entered: 10/28/2016)
2016-10-28Set/Reset Deadlines: Plaintiff to Respond to 15 due by 12/2/2016. (dot) (Entered: 10/28/2016)
2016-11-0117NOTICE OF SUBSTITUTION OF COUNSEL by Christopher Charles Hair on behalf of UNITED STATES DEPARTMENT OF JUSTICE Substituting for attorney Michael B. Posner (Hair, Christopher) (Entered: 11/01/2016)
2016-12-0118Memorandum in opposition to motion re 15 MOTION for Summary Judgment and Dismiss filed by VAN JENKINS. (Original document kept in files room. Some pages are illegible.) (td) Modified event title and link on 12/6/2016 (znmw). (Entered: 12/05/2016)
2016-12-0519MOTION for Extension of Time to File Response/Reply to Plaintiff's Opposition Memorandum by UNITED STATES DEPARTMENT OF JUSTICE (Hair, Christopher) (Entered: 12/05/2016)
2016-12-06MINUTE ORDER: Defendant's 19 Motion for Extension of Time is granted, and its Reply re 15 MOTION for Summary Judgment and to Dismiss is due by 1/6/2017. Signed by Judge Colleen Kollar-Kotelly on 12/6/16. (ms) (Entered: 12/06/2016)
2017-01-0620REPLY to opposition to motion re 15 MOTION for Summary Judgment and to Dismiss MOTION to Dismiss filed by UNITED STATES DEPARTMENT OF JUSTICE. (Hair, Christopher) (Entered: 01/06/2017)
2017-01-1321MOTION to Enter Default Against the United States Department of Justice per FRCP Rule 55(a) by VAN JENKINS (td) (Entered: 01/17/2017)
2017-01-18MINUTE ORDER: Defendant requested, and the Court granted, an enlargement of time to January 6, 2017 to file a reply to plaintiff's opposition to its dispositive motion. Review of the docket revealed that defendant timely filed their reply on January 6, 2017, and certified that counsel served a copy of the reply by first class mail to plaintiff at his current address of record. It is hereby ORDERED that plaintiff's "Request to Enter Default Against the United States Dept. of Justice Per FRCP Rule 55(a)" 21 is DENIED. Signed by Judge Colleen Kollar-Kotelly on 1/18/17. (ms) (Entered: 01/18/2017)
2017-01-2722LEAVE TO FILE DENIED- Affidavit in Support of Subpoena Against the Defendants by plaintiff This document is unavailable as the Court denied its filing. Signed by Judge Colleen Kollar-Kotelly on 1/27/17. (td) (Entered: 01/30/2017)
2017-02-2223MOTION to Compel Production of Documents Under Subpoena Order by VAN JENKINS; "Leave to file GRANTED" by Judge Colleen Kollar-Kotelly (td) (Entered: 02/23/2017)
2017-03-01MINUTE ORDER: FOIA actions are typically resolved without discovery, see, e.g., Voinche v. FBI, 412 F. Supp. 2d 60, 71 (D.D.C. 2006), and the Court did not issue an order allowing discovery in this case. Defendant therefore was under no obligation to respond to the subpoena plaintiff served, and plaintiff's "Motion to Compel Production of Document Under Subpoena Order" 23 is DENIED. Signed by Judge Colleen Kollar-Kotelly on 3/1/17. (ms) (Entered: 03/01/2017)
2017-03-1724NOTICE OF INTERLOCUTORY APPEAL as to Order on Motion to Compel, by VAN JENKINS. Fee Status: No Fee Paid. Parties have been notified. (jf) (Entered: 03/20/2017)
2017-03-2025Transmission of the Notice of Appeal, Order Appealed, and Docket Sheet to US Court of Appeals. The Fee remains to be paid and another notice will be transmitted when the fee has been paid in the District Court re 24 Notice of Interlocutory Appeal. (jf) (Entered: 03/20/2017)
2017-03-22USCA Case Number 17-5046 for 24 Notice of Interlocutory Appeal filed by VAN JENKINS. (td) (Entered: 03/22/2017)
2017-04-0526NOTICE of filing of Plaintiff's Interlocutory Appeal by VAN JENKINS; "Leave to file GRANTED" by Judge Colleen Kollar-Kotelly (td) (Entered: 04/06/2017)
2017-04-0727Supplemental Record on Appeal transmitted to US Court of Appeals re 24 Notice of Interlocutory Appeal ;USCA Case Number 17-5046. (jf) (Entered: 04/07/2017)
2017-04-1728MOTION for Leave to Appeal in forma pauperis by VAN JENKINS (Attachments: # 1 Part 2 of main document, # 2 Envelope)(td) (Entered: 04/18/2017)
2017-04-1929ORDER of USCA (certified copy) holding case in abeyance pending resolution of 28 Motion for Leave to Appeal In Forma Pauperis as to 24 Notice of Interlocutory Appeal filed by VAN JENKINS ; USCA Case Number 17-5046. (td) Modified on 4/21/2017 (td). (Entered: 04/21/2017)
2017-04-21MINUTE ORDER: The plaintiff's 28 Motion for Leave to Appeal in forma pauperis is GRANTED. Signed by Judge Colleen Kollar-Kotelly on 4/21/17. (ms) (Entered: 04/21/2017)
2017-04-2430Supplemental Record on Appeal transmitted to US Court of Appeals re Minute Order granting Motion for Leave to Appeal in forma pauperis ; USCA Case Number 17-5046. (znmw) (znmw). (Entered: 04/24/2017)
2017-06-2231NOTICE OF SUBSTITUTION OF COUNSEL by Jane M. Lyons on behalf of UNITED STATES DEPARTMENT OF JUSTICE Substituting for attorney Christopher C. Hair (Lyons, Jane) (Entered: 06/22/2017)
2017-07-1232AFFIDAVIT of Injunction Exhibits by VAN JENKINS. "Leave to file GRANTED" signed by Judge Colleen Kollar-Kotelly on 07/11/2017 (jf) (Entered: 07/12/2017)
2017-07-1233MOTION to Appoint Counsel by VAN JENKINS. "Leave to file GRANTED" signed by Judge Colleen Kollar-Kotelly on 07/11/2017 (jf) (Entered: 07/12/2017)
2017-07-1234MOTION for Temporary Restraining Order by VAN JENKINS. "Leave to file GRANTED" signed by Judge Colleen Kollar-Kotelly on 07/11/2017 (jf) (Entered: 07/12/2017)
2017-07-1235MEMORANDUM AND OPINION. Signed by Judge Colleen Kollar-Kotelly on 7/11/17. (ms) (Entered: 07/12/2017)
2017-07-1236ORDER denying 33 plaintiff's Motion to Appoint Counsel; denying 34 plaintiff's Motion for TRO; and granting defendant's 15 Motion for Summary Judgment and 15 Motion to Dismiss. Signed by Judge Colleen Kollar-Kotelly on 7/11/17. (ms) (Entered: 07/12/2017)
2017-07-3137NOTICE OF APPEAL as to 36 Order on Motion to Appoint Counsel,, Order on Motion for TRO,, Order on Motion for Summary Judgment,, Order on Motion to Dismiss, 35 Memorandum & Opinion by VAN JENKINS. Fee Status: No Fee Paid. Parties have been notified. (td) (Entered: 08/07/2017)
2017-07-3138MOTION for Certificate of Appealability by VAN JENKINS (td) (Entered: 08/07/2017)
2017-08-0739Transmission of the Notice of Appeal, Order Appealed (Memorandum Opinion), and Docket Sheet to US Court of Appeals. The Fee remains to be paid and another notice will be transmitted when the fee has been paid in the District Court re 37 Notice of Appeal,. (td) (Entered: 08/07/2017)
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by FOIA Project Staff