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Case TitleHUNTER MATHIS v. U.S. DEPARTMENT OF JUSTICE
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2016cv01712
Date Filed2016-08-23
Date Closed2018-09-28
JudgeJudge Timothy J. Kelly
PlaintiffERIC JEROME HUNTER MATHIS
Case DescriptionEric Hunter Mathis, a prisoner in Georgia, submitted FOIA requests to the Department of Justice for records concerning his own possessions that had apparently been seized or stolen. There is no indication that Mathis actually followed the appropriate procedures for making a request, but claiming he had exhausted his administrative remedies, he filed suit.
Complaint issues: Failure to respond within statutory time limit

DefendantU.S. DEPARTMENT OF JUSTICE
DefendantU.S. DEPARTMENT OF TREASURY
DefendantU.S. DEPARTMENT OF DEFENSE
DefendantUNITED STATES SECURITIES AND EXCHANGE COMMISSION
DefendantUNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF GEORGIA
DefendantSOCIAL SECURITY ADMINISTRATION
DefendantAMERICAN RED CROSS
Documents
Docket
Complaint
Complaint attachment 1
Opinion/Order [40]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2016-08-231COMPLAINT against U.S. DEPARTMENT OF JUSTICE (Filing fee $ 0.00) filed by ERIC JEROME HUNTER MATHIS. (Attachments: # 1 Civil Cover Sheet)(jf) (Entered: 08/24/2016)
2016-08-23SUMMONS Not Issued as to U.S. DEPARTMENT OF JUSTICE (jf) (Entered: 08/24/2016)
2016-08-232MOTION for Leave to Proceed in forma pauperis by ERIC JEROME HUNTER MATHIS (jf) (Entered: 08/24/2016)
2016-08-233PRISONER TRUST FUND ACCOUNT STATEMENT for period of six months by ERIC JEROME HUNTER MATHIS (jf) (Entered: 08/24/2016)
2016-08-234MOTION to Appoint Counsel by ERIC JEROME HUNTER MATHIS (jf) (Entered: 08/24/2016)
2016-08-235ORDER directing an initial partial filing fee in the amount of $0.00 from Prison Account of Eric Jerome Hunter Mathis and granting 2 MOTION for Leave to Proceed In Forma Pauperis (see order for full details). Signed by Judge Ketanji Brown Jackson on 08/19/2016. (jf) (Entered: 08/24/2016)
2016-08-316SUMMONS (3) Issued as to U.S. DEPARTMENT OF JUSTICE, U.S. Attorney and U.S. Attorney General (md) (Entered: 08/31/2016)
2016-09-097RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 09/02/2016., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 9/2/2016. ( Answer due for ALL FEDERAL DEFENDANTS by 10/2/2016.) (jf) (Entered: 09/12/2016)
2016-09-238RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF JUSTICE served on 9/21/2016 (zrdj) (Entered: 09/26/2016)
2016-09-269NOTICE of Appearance by Brian J. Field on behalf of All Defendants (Field, Brian) (Entered: 09/26/2016)
2016-09-2610MOTION for Extension of Time to Respond to Complaint by U.S. DEPARTMENT OF JUSTICE (Field, Brian) (Entered: 09/26/2016)
2016-09-2711AMENDED COMPLAINT against U.S. DEPARTMENT OF JUSTICE filed by ERIC JEROME HUNTER MATHIS.(jf) (Entered: 09/30/2016)
2016-10-04MINUTE ORDER granting 10 defendant's Motion for Extension of Time. It is hereby ORDERED that the Motion is GRANTED. It is further ORDERED that defendant shall have up to and including November 2, 2016 to answer or otherwise respond to plaintiff's Amended Complaint. Signed by Judge Richard J. Leon on 10/4/2016. (lcrjl2, ) (Entered: 10/04/2016)
2016-10-05Set/Reset Deadlines: Answer due by 11/2/2016. (tb) (Entered: 10/05/2016)
2016-10-1712RESPONSE re 10 MOTION for Extension of Time to Respond to Complaint filed by ERIC JEROME HUNTER MATHIS. (jf) (Entered: 10/19/2016)
2016-10-2613MOTION for Briefing Schedule by U.S. DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Field, Brian) (Entered: 10/26/2016)
2016-11-1514ORDER: It is hereby ordered that plaintiff's 4 Motion for Appointment of Counsel is DENIED. SEE ORDER FOR MORE DETAILS. Signed by Judge Richard J. Leon on 11/14/16. (tb) (Entered: 11/15/2016)
2016-11-2915ORDER: Upon consideration of the defendant's 13 Motion for Briefing Schedule; it is hereby ordered that the motion is GRANTED; and it further ordered that defendant shall file dispositive motion by 12/2/16. Plaintiff shall file response by 01/06/17. Defendant shall file reply by 02/06/17. Signed by Judge Richard J. Leon on 11/25/16. (tb) (Entered: 11/29/2016)
2016-11-29Set/Reset Deadlines: Dispositive Motions due by 12/2/2016. Response to Dispositive Motions due by 1/6/2017. Reply to Dispositive Motions due by 2/6/2017. (tb) (Entered: 11/29/2016)
2016-12-0116MOTION to Dismiss and for Summary Judgment by U.S. DEPARTMENT OF JUSTICE (Attachments: # 1 Memorandum in Support, # 2 Declaration, # 3 Statement of Facts, # 4 Text of Proposed Order)(Field, Brian). Added MOTION for Summary Judgment on 12/2/2016 (znmw). (Entered: 12/01/2016)
2016-12-0517ORDER re 16 MOTION to Dismiss: It is hereby ordered that plaintiff shall respond to defendant's motion by 1/6/2017. If plaintiff fails to file a timely response, the Court may treat defendant's motion as conceded and, if the circumstances warrant, enter judgment for defendant or dismiss the Complaint. Signed by Judge Richard J. Leon on 12/03/16. (tb) (Entered: 12/06/2016)
2017-01-0318Memorandum in opposition to re 16 MOTION to Dismiss and for Summary Judgment filed by ERIC JEROME HUNTER MATHIS. (jf) (Entered: 01/04/2017)
2017-01-1719AMENDED COMPLAINT against U.S. DEPARTMENT OF JUSTICE filed by ERIC JEROME HUNTER MATHIS.(jf) (Entered: 01/23/2017)
2017-02-0620REPLY to opposition to motion re 16 MOTION to Dismiss and for Summary Judgment MOTION for Summary Judgment filed by U.S. DEPARTMENT OF JUSTICE. (Field, Brian) (Entered: 02/06/2017)
2017-03-2721MOTION to Appoint Counsel by ERIC JEROME HUNTER MATHIS (jf) (Entered: 03/29/2017)
2017-04-1122NOTICE by ERIC JEROME HUNTER MATHIS (td) (Entered: 04/14/2017)
2017-07-0123AMENDED COMPLAINT against U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF JUSTICE, U.S. DEPARTMENT OF TREASURY, UNITED STATES SECURITIES AND EXCHANGE COMMISSION, UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF GEORGIA, SOCIAL SECURITY ADMINISTRATION, AMERICAN RED CROSS filed by ERIC JEROME HUNTER MATHIS."leave to file granted" by Judge Richard J. Leon(zrdj) (Entered: 07/03/2017)
2017-07-1424MOTION for Extension of Time to Respond to Fourth Amended Complaint by U.S. DEPARTMENT OF JUSTICE (Field, Brian) (Entered: 07/14/2017)
2017-07-14MINUTE ORDER granting 24 Defendant's Motion for Extension of Time. It is hereby ORDERED that the Motion is GRANTED. Defendant's responsive pleading is due 08/15/2017. Signed by Judge Richard J. Leon on 07/14/2017. (lcrjl2) (Entered: 07/14/2017)
2017-08-0225MOTION for Extension of Time to Respond to Fourth Amended Complaint by SOCIAL SECURITY ADMINISTRATION, U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF JUSTICE, U.S. DEPARTMENT OF TREASURY, UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF GEORGIA, UNITED STATES SECURITIES AND EXCHANGE COMMISSION (Field, Brian) (Entered: 08/02/2017)
2017-08-0726Letter from Plaintiff. "Leave to file granted" signed by Judge Richard J. Leon (jf) (Entered: 08/08/2017)
2017-08-10MINUTE ORDER granting 25 Defendants' Motion for Extension of Time. It is hereby ORDERED that the Motion is GRANTED. It is further ORDERED that defendants' responsive pleading is due 09/15/2017. Signed by Judge Richard J. Leon on 08/10/2017. (lcrjl2) (Entered: 08/10/2017)
2017-09-0527MOTION for Extension of Time to Respond to Plaintiff's Fourth Amended Complaint by SOCIAL SECURITY ADMINISTRATION, U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF JUSTICE, U.S. DEPARTMENT OF TREASURY, UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF GEORGIA (Field, Brian) (Entered: 09/05/2017)
2017-09-11MINUTE ORDER granting 27 Defendants' Motion for Extension of Time. It is hereby ORDERED that the Motion is GRANTED. Defendants shall have up to and including October 16, 2017, to respond to Plaintiffs Fourth Amended Complaint. Signed by Judge Richard J. Leon on 09/11/2017. (lcrjl2) (Entered: 09/11/2017)
2017-09-18Case directly reassigned to Judge Timothy J. Kelly. Judge Richard J. Leon is no longer assigned to the case. (ztnr) (Entered: 09/18/2017)
2017-10-1428MOTION to Dismiss Fourth Amended Complaint , MOTION for Summary Judgment by SOCIAL SECURITY ADMINISTRATION, U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF JUSTICE, U.S. DEPARTMENT OF TREASURY, UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF GEORGIA, UNITED STATES SECURITIES AND EXCHANGE COMMISSION (Attachments: # 1 Statement of Facts, # 2 Memorandum in Support, # 3 Declaration Hady Decl., # 4 Declaration Walker Decl., # 5 Declaration Livornese Decl., # 6 Declaration Greene Decl., # 7 Declaration Carr Decl., # 8 Declaration Chyn Decl., # 9 Declaration Valvardi Decl., # 10 Text of Proposed Order)(Field, Brian) (Entered: 10/14/2017)
2017-10-2029ORDER denying Plaintiff's 21 Motion to Appoint Counsel. See the attached Order for additional details. Signed by Judge Timothy J. Kelly on 10/20/2017. (lctjk1) (Entered: 10/20/2017)
2017-10-2030ORDER advising Plaintiff to respond on or before November 30, 2017 to Defendants' 28 Renewed Motion to Dismiss and for Summary Judgment or risk dismissal of the case. See the attached Order for additional details. Signed by Judge Timothy J. Kelly on 10/20/2017. (lctjk1) (Entered: 10/20/2017)
2017-10-23Set/Reset Deadlines: Responses due by 11/30/2017. (tj) (Entered: 10/23/2017)
2017-10-30MINUTE ORDER denying as moot Defendant's 16 MOTION to Dismiss. In light of the filing of Plaintiff's subsequent amended complaints, it is hereby ORDERED that Defendant's Motion is DENIED AS MOOT. Signed by Judge Timothy J. Kelly on 10/30/2017. (lctjk3) (Entered: 10/30/2017)
2017-11-0931RESPONSE re 28 MOTION to Dismiss Fourth Amended Complaint MOTION for Summary Judgment filed by ERIC JEROME HUNTER MATHIS. (jf) (Entered: 11/14/2017)
2017-11-2132REPLY to opposition to motion re 28 MOTION to Dismiss Fourth Amended Complaint MOTION for Summary Judgment filed by SOCIAL SECURITY ADMINISTRATION, U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF JUSTICE, U.S. DEPARTMENT OF TREASURY, UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF GEORGIA, UNITED STATES SECURITIES AND EXCHANGE COMMISSION. (Field, Brian) (Entered: 11/21/2017)
2018-01-1033MOTION to Appoint Counsel by ERIC JEROME HUNTER MATHIS (jf) (Entered: 01/11/2018)
2018-01-1034MOTION for Discovery (Production of Documents) by ERIC JEROME HUNTER MATHIS (jf) (Entered: 01/11/2018)
2018-01-1135Memorandum in opposition to re 34 MOTION for Discovery filed by SOCIAL SECURITY ADMINISTRATION, U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF JUSTICE, U.S. DEPARTMENT OF TREASURY, UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF GEORGIA, UNITED STATES SECURITIES AND EXCHANGE COMMISSION. (Field, Brian) (Entered: 01/11/2018)
2018-01-2936ORDER denying Plaintiff's 33 Motion to Appoint Counsel. See the attached Order for additional details. Signed by Judge Timothy J. Kelly on 1/29/2018. (lctjk3) (Entered: 01/29/2018)
2018-01-29MINUTE ORDER denying Plaintiff's 34 Motion for Discovery. "[D]iscovery of any type is generally not allowed in FOIA proceedings." Pinson v. DOJ, 55 F. Supp. 3d 80, 82 (D.D.C. 2014). "The one exception to this rule is when the plaintiff makes something more than a 'speculative' assertion that the agency might not have acted in good faith in responding to his FOIA request." Id. (quoting Accuracy in Media, Inc. v. Nat'l Park Serv., 194 F.3d 120, 124 (D.C. Cir. 1999)). Plaintiff has failed to make such an assertion. Thus, it is hereby ORDERED that Plaintiff's 34 Motion for Discovery is DENIED. Signed by Judge Timothy J. Kelly on 1/29/2018. (lctjk3) (Entered: 01/29/2018)
2018-03-2637MOTION for Summary Judgment by ERIC JEROME HUNTER MATHIS (jf) (Entered: 03/28/2018)
2018-04-0538Memorandum in opposition to re 37 MOTION for Summary Judgment filed by SOCIAL SECURITY ADMINISTRATION, U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF JUSTICE, U.S. DEPARTMENT OF TREASURY, UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF GEORGIA, UNITED STATES SECURITIES AND EXCHANGE COMMISSION. (Field, Brian) (Entered: 04/05/2018)
2018-09-2739ORDER granting Defendants' 28 Renewed Motion to Dismiss and for Summary Judgment and denying Plaintiff's 37 Motion for Summary Judgment. See Order for details. The Clerk's Office is directed to mail a copy of this Order to Plaintiff at the address listed on the docket. The Clerk of Court is directed to close the case. Signed by Judge Timothy J. Kelly on 9/27/2018. (lctjk3) (Entered: 09/27/2018)
2018-09-2740MEMORANDUM OPINION in support of Order 39 granting Defendants' 28 Renewed Motion to Dismiss and for Summary Judgment and denying Plaintiff's 37 Motion for Summary Judgment. See Opinion for details. The Clerk's Office is directed to mail a copy of this Opinion to Plaintiff at the address listed on the docket. Signed by Judge Timothy J. Kelly on 9/27/2018. (lctjk3) (Entered: 09/27/2018)
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