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Case TitleHughes v. United States Department of Justice
DistrictNorthern District of Illinois
CityChicago
Case Number1:2017cv05429
Date Filed2017-07-25
Date ClosedOpen
JudgeHonorable Marvin E. Aspen
PlaintiffRaymond Hughes
Case DescriptionRaymond Hughes sued the Department of Justice for access to criminal history information about Andrew Hughes, who was apparently an heir to an estate. Hughes argued that he should be considered the personal representative of Andrew Hughes.
Complaint issues: Exemption 7(C) - Invasion of privacy concerning law enforcement records

DefendantUnited States Department of Justice
Documents
Docket
Complaint
Opinion/Order [13]
FOIA Project Annotation: A federal court in Illinois has ruled that Raymond Hughes has failed to state a claim to support his suit against the Department of Justice for records showing that is brother has a criminal record. Hughes filed suit seeking the criminal record of Andrew Hughes aka Andrew Darian, who had been appointed the personal representative of a family estate. Raymond alleged that Andrew had a criminal record in Florida, which should have been considered before appointing him personal representative. The agency argued that Hughes had not made a FOIA request and, thus, he was not entitled to relief. Hughes argued that he had been advised by DOJ to file a complaint in federal court to obtain the records. Dismissing the suit, the court noted that "it remains that Plaintiff has alleged no facts in his amended complaint supporting an inference that he made a FOIA request in the first instance, and he does not allege DOJ failed to provide him with requested documents for an improper reason."
Issues: Litigation - Jurisdiction - Failure to State a Claim
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2017-07-251COMPLAINT filed by Raymond Hughes. (jk, ) (Entered: 07/26/2017)
2017-07-252CIVIL Cover Sheet (jk, ) (Entered: 07/26/2017)
2017-07-253PRO SE Appearance by Plaintiff Raymond Hughes. (jk, ) (Entered: 07/26/2017)
2017-07-254SUMMONS Issued as to United States Attorney (Chicago Office; Washington D.C. Office). (jk, ) (Entered: 07/26/2017)
2017-08-146DESIGNATION of Virginia Ovitz Hancock as U.S. Attorney for Defendant United States Department of Justice (Hancock, Virginia) (Entered: 08/14/2017)
2017-08-15SUMMONS Issued as to United States Department of Justice. (lcw, ) (Entered: 08/15/2017)
2017-08-157AMENDED complaint by Raymond Hughes against United States Department of Justice. (jk, ) (Entered: 08/16/2017)
2017-09-018MOTION by Defendant United States Department of Justice to dismiss for lack of jurisdiction (Hancock, Virginia) (Entered: 09/01/2017)
2017-09-019NOTICE of Motion by Virginia Ovitz Hancock for presentment of motion to dismiss/lack of jurisdiction 8 before Honorable Marvin E. Aspen on 9/28/2017 at 10:30 AM. (Hancock, Virginia) (Entered: 09/01/2017)
2017-09-0710MINUTE entry before the Honorable Marvin E. Aspen:Plaintiff's response to defendant's motion to dismiss 8 is to be filed by 10/6/2017; defendant's reply in support of motion to dismiss is to be filed by 10/20/2017. Motion is stricken from the Court's call of 9/28/2017. Status hearing is set for 11/30/2017 at 10:30 AM.Mailed notice (mad, ) (Entered: 09/07/2017)
2017-09-2511MEMORANDUM - ORDER by Plaintiff Raymond Hughes. (jk, ) (Entered: 09/26/2017)
2017-10-2012REPLY by United States Department of Justice to MOTION by Defendant United States Department of Justice to dismiss for lack of jurisdiction 8 (Hancock, Virginia) (Entered: 10/20/2017)
2017-11-0613MEMORANDUM Opinion and Order Signed by the Honorable Marvin E. Aspen on 11/6/2017: Defendants motion to dismiss 8 is granted. If he is able to do so consistent with this Order, Plaintiff may file an amended complaint on or before December 4, 2017. Failure to do so will result in dismissal of his claims with prejudice. Status hearing of November 30, 2017 is stricken.Mailed notice(mad, ) (Entered: 11/06/2017)
2017-11-2714AMENDED complaint by Raymond Hughes against United States Department of Justice (Exhibits). (jk, ) (Entered: 11/28/2017)
2017-12-1115MOTION by Defendant United States Department of Justice for extension of time Unopposed Motion for Extension of Time to Answer or Otherwise Respond to the Amended Complaint (Hancock, Virginia) (Entered: 12/11/2017)
2017-12-1216NOTICE of Motion by Virginia Ovitz Hancock for presentment of extension of time 15 before Honorable Marvin E. Aspen on 12/21/2017 at 10:30 AM. (Hancock, Virginia) (Entered: 12/12/2017)
2017-12-1817MINUTE entry before the Honorable Marvin E. Aspen:Defendant's motion for extension of time to 1/10/2018 to answer or otherwise plead to the complaint 15 is granted. Motion is stricken from the Court's call of 12/21/2017. Status hearing is set for 3/1/2018 at 10:30 AM.Mailed notice (mad, ) (Entered: 12/18/2017)
2018-01-1018ANSWER to amended complaint by United States Department of Justice(Hancock, Virginia) (Entered: 01/10/2018)
2018-01-1619MINUTE entry before the Honorable Marvin E. Aspen: Status hearing of 3/1/2018 is reset for 2/15/2018 at 10:30 AM.Mailed and telephoned notice (mad, ) (Entered: 01/16/2018)
2018-02-1520MINUTE entry before the Honorable Marvin E. Aspen:Status hearing held on 2/15/2018 and continued to 3/22/2018 at 10:30 AM. Parties are to meet and confer and inform how they intend to proceed with the case on 3/22/2018.Mailed notice (mad, ) (Entered: 02/15/2018)
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by FOIA Project Staff