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Case TitleKelly v. Hayes
DistrictEastern District of Michigan
CityBay City
Case Number1:2017cv10962
Date Filed2017-03-28
Date Closed2017-05-23
JudgeDistrict Judge Thomas L. Ludington
PlaintiffMichael A. Kelly
Case DescriptionMichael Kelly filed suit against Debra Hayes, director of My Brother's Keeper, after Hayes refused to tell Kelly where the office for veterans' services was located. This is not a FOIA claim.\
Complaint issues: FOIA not mentioned

DefendantDebra Hayes Director, My Brothers Keeper
Documents
Docket
Complaint
Opinion/Order [9]
FOIA Project Annotation: A federal court in Michigan has ruled that Michael Kelly failed to state a claim when he filed a FOIA suit against Debra Hayes, the director of My Brother's Keeper, a homeless shelter for adult men in Flint. Kelly prepared a certified writing asking Hayes to what extent a third party subsidized the shelter. When Hayes refused to answer, Kelly filed suit, arguing that she was acting as an agent of the federal government. Dismissing Kelly's claim, the court noted that "the mere fact that a private organization receives federal funds and enjoys some control over their use does not render that organization an agency under FOIA. Plaintiff does not identify any statutory or regulatory source authorizing MBK to exercise independent governmental authority. Instead, MBK 'appears to be no different from any private [organization] which receives federal funds and enjoys some control over their use.'" The court concluded that "because MBK is not subject to the FOIA, Plaintiff Kelly's complaint fails to state a claim upon which relief can be granted."
Issues: Agency - Federal, Litigation - Jurisdiction - Failure to State a Claim
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2017-03-281COMPLAINT filed by Michael A. Kelly against Debra Hayes (LHos) (Entered: 03/28/2017)
2017-03-282APPLICATION to Proceed without prepaying fees or costs by Michael A. Kelly. (LHos) (Entered: 03/28/2017)
2017-03-293Notice Regarding Parties' Responsibility to Notify Court of Address Changes (KCas) (Entered: 03/29/2017)
2017-03-294Request for Service by the United States Marshal of the Initiating Document by Michael A. Kelly. (LHos) (Entered: 03/29/2017)
2017-04-035ORDER Referring Pretrial Matters to Magistrate Judge Patricia T. Morris. Signed by District Judge Thomas L. Ludington. (Sian, M) (Entered: 04/03/2017)
2017-04-036ORDER granting 2 Application to Proceed Without Prepaying Fees or Costs. Signed by Magistrate Judge Patricia T. Morris. (KCas) (Entered: 04/03/2017)
2017-04-03TEXT-ONLY CERTIFICATE OF SERVICE re 6 Order on Application to Proceed Without Prepaying Fees or Costs on Michael A. Kelly at P.O. Box 441, Bay City, MI 48707. (KCas) (Entered: 04/03/2017)
2017-04-107REPORT AND RECOMMENDATION re 1 Complaint filed by Michael A. Kelly. Signed by Magistrate Judge Patricia T. Morris. (KCas) (Entered: 04/10/2017)
2017-04-10TEXT-ONLY CERTIFICATE OF SERVICE re 7 REPORT AND RECOMMENDATION re 1 Complaint filed by Michael A. Kelly on Michael A. Kelly at P.O. Box 441, Bay City, MI 48707. (KCas) (Entered: 04/10/2017)
2017-04-178MOTION for Reconsideration re 7 REPORT AND RECOMMENDATION re 1 Complaint filed by Michael A. Kelly by Michael A. Kelly. (BGar) (Entered: 04/17/2017)
2017-05-239ORDER Sustaining in Part and Overruling in Part 8 Objections, Rejecting 7 Report and Recommendation, and Dismissing Plaintiff's 1 Complaint Pursuant to 28 U.S.C. § 1915(e)(2)(B). Signed by District Judge Thomas L. Ludington. (KWin) (Entered: 05/23/2017)
2017-05-2310JUDGMENT. Signed by District Judge Thomas L. Ludington. (KWin) (Entered: 05/23/2017)
2017-05-23TEXT-ONLY CERTIFICATE OF SERVICE re 10 Judgment and 9 Order on Report and Recommendation, Order on Motion for Reconsideration on Michael A. Kelly,P.O. Box 441, Bay City, MI 48707. (KWin) (Entered: 05/23/2017)
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by FOIA Project Staff