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Case TitleClay v. Department of the Navy
DistrictMiddle District of Florida
CityJacksonville
Case Number3:2017cv00777
Date Filed2017-07-10
Date Closed2019-09-12
JudgeJudge Marcia Morales Howard
PlaintiffJeffrey S. Clay
Case DescriptionJeffrey Clay, a retired member of the Navy, filed suit against the Department of the Navy to obtain deliberative process materials the agency had withheld from him as part of his conviction.
Complaint issues: Exemption 5 - Privileges - Deliberative process privilege - Deliberative

DefendantDepartment of the Navy
Documents
Docket
Complaint
Complaint attachment 20
Opinion/Order [20]
Opinion/Order [99]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2017-07-101COMPLAINT titled Judicial Review of FOIA Request denial for Appeal, DON-NAVY-2017-003989, March 14, 2017 against Department of the Navy filed by Jeffrey S. Clay (no IFP received, no service copies).(JSG) Modified text on 4/10/2018. ***STRICKEN pursuant to Order 20 (BD). (Entered: 07/12/2017)
2017-07-182NOTICE of designation under Local Rule 3.05 - track 1. Signed by Deputy Clerk on 7/18/2017. (Attachments: # 1 Consent Letter and Form)(JW) (Entered: 07/18/2017)
2017-07-183ORDER directing Clerk to send Plaintiff the Application to Proceed in District Court Without Prepaying Fees or Costs (Long Form); directing Plaintiff to complete and file the Application by 8/18/2017, or alternatively, pay the filing fee by that date. Signed by Magistrate Judge James R. Klindt on 7/18/2017. (KAW) (Entered: 07/18/2017)
2017-08-034RESPONSE (Untitled) to 3 Order directing compliance filed by Jeffrey S. Clay. (Attachments: # 1 Exhibit 1)(BD) (Entered: 08/04/2017)
2017-08-035MOTION for leave to proceed in forma pauperis/affidavit of indigency by Jeffrey S. Clay. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2 - Inmate Account)(BD) Motions referred to Magistrate Judge James R. Klindt. (Entered: 08/04/2017)
2017-10-116ORDER TO SHOW CAUSE by November 3, 2017 as to why this case should not be dismissed without prejudice to refiling in the proper district. Signed by Magistrate Judge James R. Klindt on 10/11/2017. (BHC) (Entered: 10/11/2017)
2017-10-237RESPONSE TO ORDER TO SHOW CAUSE re 6 Order to show cause filed by Jeffrey S. Clay. (BD) (Entered: 10/23/2017)
2017-11-098ORDER directing Plaintiff, by 12/11/2017, to submit the required statements reflecting the receipts, expenditures, and balances in his institutional account during the six months prior to the filing of the Complaint. Signed by Magistrate Judge James R. Klindt on 11/9/2017. (BHC) (Entered: 11/09/2017)
2017-12-089MOTION (Untitled) for Extension of Time re: 8 Order by Jeffrey S. Clay. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(BD) (Entered: 12/08/2017)
2017-12-1110ORDER granting the 9 Motion for Extension of Time. Plaintiff shall have up to and including 01/11/2018 to submit the required statements reflecting the deposits, expenses, and balances in his institutional account during the six months prior to the filing of the Complaint. Signed by Magistrate Judge James R. Klindt on 12/11/2017. (BHC) (Entered: 12/11/2017)
2018-01-0211RESPONSE (Untitled) re 10 Order on motion to extend time, 5 MOTION for leave to proceed in forma pauperis/affidavit of indigency. filed by Jeffrey S. Clay. (Attachments: # 1 Exhibit Inmate Account Statement)(BD) (Entered: 01/02/2018)
2018-01-0212NOTICE (Untitled) of Filing Supporting Documents to 1 Complaint (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12) (No service copies) (BD) (Entered: 01/02/2018)
2018-01-1813NOTICE (Untitled) of Filing Inmate Trust Fund Statements by Jeffrey S. Clay re 10 Order on motion to extend time (Attachments: # 1 Exhibit Inmate Account Statement)(BD) (Entered: 01/18/2018)
2018-02-0114NOTICE to the Court by Jeffrey S. Clay (Attachments: # 1 Exhibit 1)(BD) (Entered: 02/02/2018)
2018-02-0515ORDER re 14 Notice to the Court; if Plaintiff is satisfied that he has received the information he requested through the Freedom of Information Act request that is at issue in this matter, Plaintiff may elect to voluntarily dismiss this case by filing a notice of dismissal; to the extent Plaintiff seeks to challenge his state conviction, Plaintiff must first exhaust his state court remedies before he can file a § 2254 habeas corpus petition in this Court challenging his conviction. Signed by Magistrate Judge James R. Klindt on 2/5/2018. (BHC) (Entered: 02/05/2018)
2018-02-2016RESPONSE to 15 Court Order filed by Jeffrey S. Clay. (Attachments: # 1 Exhibit 1)(BD) (Entered: 02/22/2018)
2018-03-3017NOTICE by Jeffrey S. Clay (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6)(BD) (Entered: 04/02/2018)
2018-04-0518ORDER granting 5 Plaintiff's Application to Proceed in District Court Without Prepaying Fees or Costs to the extent that the case may proceed without the prepayment of the filing fee; setting out directions for payment of the filing fee as funds become available in Plaintiff's prison account; directing the Clerk of Court to mail copies of the Order to the address listed in the Order; directing the Clerk of Court to send Plaintiff a blank summons that Plaintiff shall complete and return to the Clerk's Office by 05/07/2018. SEE ORDER FOR DETAILS. Signed by Magistrate Judge James R. Klindt on 4/4/2018. (BHC) (Entered: 04/05/2018)
2018-04-0519ORDER advising Plaintiff of some of his responsibilities as a pro se litigant; directing Plaintiff to review and comply with the provisions of this Order, as well as the Federal Rules of Civil Procedure, Local Rules of the Middle District of Florida, and any applicable statutes and regulations. Signed by Magistrate Judge James R. Klindt on 4/4/2018. (BHC) (Entered: 04/05/2018)
2018-04-0920ORDER striking 1 Letter re Judicial Review. Plaintiff shall have up to and including May 11, 2018, to file a proper complaint. See Order for details. Signed by Judge Marcia Morales Howard on 4/9/2018. (MHM) (Entered: 04/09/2018)
2018-04-1321NOTICE of Inquiry by Jeffrey S. Clay (BD) (Entered: 04/13/2018)
2018-04-2322NOTICE of Action by Jeffrey S. Clay (Attachments: # 1 Exhibit 1)(BD) (Entered: 04/25/2018)
2018-05-0923SUMMONS issued as to Department of the Navy. (BD) (Entered: 05/09/2018)
2018-05-0924AMENDED COMPLAINT against Department of the Navy filed by Jeffrey S. Clay.(BD) (Entered: 05/09/2018)
2018-05-18FEES paid by Jeffrey S. Clay (Filing fee $60.00 receipt number JAX027829) (AEJ) (Entered: 05/18/2018)
2018-06-21FEES paid by Jeffrey S. Clay (Filing fee $80.00 receipt number JAX028159) (AFC) (Entered: 06/22/2018)
2018-07-1925RETURN of service executed on 6/5/2018 by Jeffrey S. Clay as to Department of the Navy. (BD) (Entered: 07/19/2018)
2018-07-25FEES paid by Jeffrey S. Clay (Filing fee $80.00 receipt number JAX028474) Paid on 7/23/2018. (AFC) (Entered: 07/25/2018)
2018-08-2226ORDER directing Plaintiff to effect service of process on the United States as set forth in Rule 4(i)(1), Federal Rules of Civil Procedure, no later than 9/28/2018. Signed by Magistrate Judge James R. Klindt on 8/22/2018. (BHC) (Entered: 08/22/2018)
2018-08-29FEES paid by Jeffrey S. Clay (Filing fee $90.00 receipt number JAX028806) - Paid on 8/27/2018 (AFC) (Entered: 08/29/2018)
2018-09-1727NOTICE of Compliance by Jeffrey S. Clay re 26 Order pdf (Attachments: # 1 Exhibit 1)(BD) (Entered: 09/17/2018)
2018-09-26FEES paid by Jeffrey S. Clay (Filing fee $40.00 receipt number JAX029066) (AFC) (Entered: 09/26/2018)
2018-10-1028ORDER directing Plaintiff to complete effecting service of process on the United States as set forth in Rule 4(i)(1)(A), Federal Rules of Civil Procedure no later than 11/9/2018. Signed by Magistrate Judge James R. Klindt on 10/10/2018. (BHC) (Entered: 10/10/2018)
2018-10-2929PROOF of service on 10/25/2018 as to the U.S. Attorney by Jeffrey S. Clay (Attachments: # 1 Exhibit 1)(BD) (Entered: 10/29/2018)
2018-12-1230MOTION for More Definite Statement by Department of the Navy. (Powers, Sean) (Entered: 12/12/2018)
2019-01-0231ORDER directing Plaintiff to file a response to the 30 United States' Motion for a More Definite Statement; Plaintiff shall have up to and including 1/11/2019 to file a response to the Motion, failing which the Court may treat the Motion as unopposed. Signed by Magistrate Judge James R. Klindt on 1/2/2019. (BHC) (Entered: 01/02/2019)
2019-01-0732RESPONSE to 30 MOTION for More Definite Statement filed by Jeffrey S. Clay. (BD) (Entered: 01/07/2019)
2019-04-3033ORDER granting 30 United States' Motion for a More Definite Statement; Plaintiff has up to and including 6/6/2019, to file a Second Amended Complaint setting forth a more definite statement of the facts regarding the allegedly denied FOIA requests. SEE ORDER FOR DETAILS. Signed by Magistrate Judge James R. Klindt on 4/30/2019. (BHC) (Entered: 04/30/2019)
2019-05-2234MOTION for Extension of Time re 1 Complaint by Jeffrey S. Clay. (Attachments: # 1 Envelope)(BD) (Entered: 05/22/2019)
2019-05-2235RESPONSE to Motion re 34 MOTION for Extension of Time to Amend re 1 Complaint filed by Department of the Navy. (Powers, Sean) (Entered: 05/22/2019)
2019-05-2336ORDER granting 34 Plaintiff's Motion for Extension of Time; Plaintiff shall have up to and including 6/24/2019 to file a Second Amended Complaint setting forth a more definite statement of the facts regarding the allegedly denied FOIA requests. Signed by Magistrate Judge James R. Klindt on 5/23/2019. (BHC) (Entered: 05/23/2019)
2019-06-0337NOTICE of Action by Jeffrey S. Clay (BD) (Additional attachment(s) added on 6/3/2019: # 1 Envelope) (BD). (Entered: 06/03/2019)
2019-06-2438SECOND MOTION for Extension of Time by Jeffrey S. Clay. (BD) (Entered: 06/24/2019)
2019-07-1139ORDER granting 38 Plaintiff's Second Motion for Extension of Time to the extent that Plaintiff shall have up to and including 8/30/2019 to file a Second Amended Complaint setting forth a more definite statement of the facts regarding the allegedly denied FOIA requests. Signed by Magistrate Judge James R. Klindt on 7/11/2019. (BHC) (Entered: 07/11/2019)
2019-08-1340NOTICE of Acton by Jeffrey S. Clay (Attachments: # 1 Exhibit 1)(BD) (Entered: 08/13/2019)
2019-08-2941THIRD MOTION for Extension of Time by Jeffrey S. Clay. (BD) (Entered: 08/29/2019)
2019-09-1242ORDER granting 41 Plaintiff's Third Motion for Extension of Time to the extent that the case is stayed; the Clerk shall administratively close the file pending further Order; on or before 11/1/2019, Plaintiff shall file a notice advising the Court of the status of this matter. Signed by Magistrate Judge James R. Klindt on 9/12/2019. (BHC) (Entered: 09/12/2019)
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