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Case TitleClevenger v. U.S. Department Of Justice et al
DistrictEastern District of New York
Case Number1:2018cv01568
Date Filed2018-03-14
Date ClosedOpen
JudgeJudge William F. Kuntz, II
PlaintiffTy Clevenger
Case DescriptionTy Clevenger, an attorney, submitted FOIA requests to the Department of Justice and the FBI for records concerning Seth Rich, who was murdered in Washington DC in July 2016. The Executive Office for U.S. Attorneys told Clevenger it would not search for records without proof of Rich's death. Clevenger filed an administrative appeal with the Office of Information Policy, which reversed EOUSA's original denial. The FBI told Clevenger that it could find no records pertaining to Rich. Clevenger submitted a FOIA request to the National Security Agency for records concerning correspondence sent by the agency to Congress pertaining to Rich and others. The agency indicated it was processing Clevenger's request, but after hearing nothing further for the NSA, Clevenger filed suit against all the agencies.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Vaughn index, Litigation - Recovery of Costs

DefendantU.S. Department Of Justice
DefendantFederal Bureau of Investigation
DefendantNational Security Agency
Complaint attachment 1
User-contributed Documents
Docket Events (Hide)
Date FiledDoc #Docket Text

2018-03-141COMPLAINT against Ty Clevenger, filed by Ty Clevenger. (Attachments: # 1 Civil Cover Sheet) (Davis, Kimberly) (Entered: 03/16/2018)
2018-03-14FILING FEE: $ 400, receipt number 4653125728 (Davis, Kimberly) (Entered: 03/16/2018)
2018-03-142Summons Issued as to Federal Bureau of Investigation, National Security Agency, U.S. Department Of Justice, U.S. Attorney and U.S. Attorney General (Davis, Kimberly) (Entered: 03/16/2018)
2018-03-145MOTION for leave to allow Pro Se to Electronically File by Ty Clevenger. (Tavarez, Jennifer) (Entered: 03/19/2018)
2018-03-163In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: . You may withhold your consent without adverse substantive consequences . Do NOT return or file the consent unless all parties have signed the consent. (Davis, Kimberly) (Entered: 03/16/2018)
2018-03-164ORDER: Enclosed is a copy of the "Individual Practices of Magistrate Judge Lois Bloom." Plaintiff and defendants, alike, are required to follow these rules. Plaintiff is to provide a copy of this Order and the enclosed rules to defendants along with the summonses and complaint. Accordingly, if service is not made upon the defendants by 6/12/2018, or if plaintiff fails to show good cause why such service has not been effected by that date, it will be recommended that the Court should dismiss this action without prejudice. Plaintiff may choose to receive electronic notification of court issued filings in this civil case. If plaintiff is eligible and wishes to receive electronic notification of court issued documents, plaintiff should complete the attached Registration and Consent form and return the form to the Court. SO ORDERED by Magistrate Judge Lois Bloom, on 3/16/2018. C/mailed w/Attachments: # 1 Individual Practices of Magistrate Judge Lois Bloom, # 2 Instruction for Pro Se Registration and Consent for Electronic Service of Orders and Notices Issued by the Court in Civil Cases, # 3 Pro Se Registration and Consent Form. ( Service upon Defendants due by 6/12/2018.) (Latka-Mucha, Wieslawa) (Entered: 03/16/2018)
2018-03-19ORDER denying 5 Motion for Leave to Allow Pro Se to Electronically File. So Ordered by Judge William F. Kuntz, II on 3/19/2018. (Choudhury, Farhana) (Entered: 03/19/2018)
2018-04-116Letter MOTION for Extension of Time to File Answer on behalf of all Defendants - on consent by U.S. Department Of Justice. (Mahoney, Kathleen) (Entered: 04/11/2018)
2018-04-11ORDER granting 6 Motion for Extension of Time to Answer All Parties. So Ordered by Judge William F. Kuntz, II on 4/11/2018. (Kuntz, William) (Entered: 04/11/2018)
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by FOIA Project Staff