Case Detail

FOIA Project Annotation: Judge Tanya Chutkan has ruled that prisoner Richard Rose failed to show that the Bureau of Alcohol, Tobacco and Firearms received his FOIA requests for gun trace information about a specific revolver. It was not until Rose filed suit, that ATF became aware of his requests. After searching its database of FOIA requests it located no record of any request from Rose. Acknowledging the agency's obligation to respond to FOIA requests, Chutkan noted that "if the agency receives no FOIA request, or one that does not comply with its published rules, it 'has no reason to search or produce records.'" Rose had sent his two requests to ATF's National Tracing Center in West Virginia at two different addresses, one of which no longer existed. Rose argued that the agency should have searched its database to locate requests he submitted in 2009 and 2010. Rejecting that notion, Chutkan observed that "the complaint does not mention any other FOIA requests, much less one from 2009. . ." She concluded that "Defendant has no obligation to fulfill under the FOIA and is entitled to judgment as a matter of law."
Issues: Request - Receipt

Date Filed	Doc #	Docket Text
2018-09-20		Initiating Pleading & IFP Application Received on 09/20/2018. A copy of the docket sheet has been mailed to the address of record for the pro se party. (sb) (Entered: 09/25/2018)
2018-09-20	1	COMPLAINT against U.S. DEPARTMENT OF JUSTICE with Jury Demand filed by RICHARD W. ROSE. (Attachment: # 1 Supplement)(sb) (Entered: 09/25/2018)
2018-09-20	2	MOTION for Leave to Proceed in forma pauperis by RICHARD W. ROSE (sb) (Entered: 09/25/2018)
2018-09-20	3	PRISONER TRUST FUND ACCOUNT STATEMENT for period of six months by RICHARD W. ROSE (sb) (Entered: 09/25/2018)
2018-10-15	4	ORDER directing an initial partial filing fee in the amount of $18.97 from Prison Account of RICHARD W. ROSE and granting MOTION for Leave to Proceed In Forma Pauperis (see order for full details). Pro Se party has been notified by first class mail. Signed by Judge Ketanji Brown Jackson on 10/12/2018. (zrdj) (Entered: 10/16/2018)
2018-10-16		Case Reassigned to Judge Tanya S. Chutkan. Unassigned is no longer assigned to the case. (zrdj) (Entered: 10/16/2018)
2018-10-22	5	SUMMONS (3) Issued as to U.S. DEPARTMENT OF JUSTICE, U.S. Attorney and U.S. Attorney General (zrdj) (Entered: 10/22/2018)
2018-10-23	6	NOTICE of Appearance by Scott Leeson Sroka on behalf of All Defendants (Sroka, Scott) (Entered: 10/23/2018)
2018-10-23	7	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 10/22/2018. ( Answer due for ALL FEDERAL DEFENDANTS by 11/21/2018.), RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 10/22/18., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF JUSTICE served on 10/22/2018 (ztd) (Entered: 10/31/2018)
2018-10-29	8	Mail Returned as Undeliverable; Sent to RICHARD W. ROSE; Type of Document Returned: 4 Order. (zsb) (Entered: 10/31/2018)
2018-11-14	9	Mail Returned as Undeliverable; Order 8 was returned as undeliverable, I spoke the Prison Control Unit of the Marshal Service on 11/13/18 and they indicated that the defendant is being transported to a facility in Jacksonville, Florida as he final station and that he would not be returning to the facility in Jessup, Georgia, therefore there's no new address to send it to at this time. (tb) (Entered: 11/14/2018)
2018-11-19	11	NOTICE of Change of Address by RICHARD W. ROSE (ztd) (Entered: 11/29/2018)
2018-11-21	10	MOTION for Summary Judgment and Supporting Memorandum by U.S. DEPARTMENT OF JUSTICE (Attachments: # 1 Statement of Facts and Proposed Order, # 2 Declaration of Adam C. Siple)(Sroka, Scott) (Entered: 11/21/2018)
2018-12-03	12	Order advising the plaintiff to respond by January 11, 2019, to defendant's summary judgment motion or risk entry of judgment in the defendant's favor and dismissal of the case (see document for details). Signed by Judge Tanya S. Chutkan on 12/3/18.(ah) (Entered: 12/03/2018)
2018-12-03	13	NOTICE of Change of Address by RICHARD W. ROSE (zsb) (Entered: 12/12/2018)
2018-12-04		Set/Reset Deadlines: Response to Motion for Summary Judgment due by 1/11/2019. (tb) (Entered: 12/04/2018)
2019-01-03	14	RESPONSE re 10 MOTION for Summary Judgment and Supporting Memorandum filed by RICHARD W. ROSE. (Attachments: # 1 Exhibit)(ztd) (Entered: 01/10/2019)
2019-01-11	15	MOTION to Stay , MOTION for Extension of Time to in Light of Lapse of Appropriations by U.S. DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Hudak, Brian) (Entered: 01/11/2019)
2019-01-17		MINUTE ORDER: Granting 15 Motion to Stay; Granting 15 Motion for Extension of Deadlines. This action is hereby STAYED until appropriations are restored to the Department of Justice. Within SEVEN days after funding has been restored, Defendant's counsel shall a file notice with the court, indicating the date upon which funding was restored. Defendant's deadline to file a reply in support of its motion for summary judgment is hereby extended until 21 days after appropriations are restored to the Department of Justice. The Clerk of the Court shall mail a copy of this order to the Plaintiff at his address of record. Signed by Judge Tanya S. Chutkan on 1/17/19. (DJS) (Entered: 01/17/2019)
2019-02-01	16	NOTICE of Restored Government Funding by U.S. DEPARTMENT OF JUSTICE re Order on Motion to Stay,,, Order on Motion for Extension of Time to,, (Sroka, Scott) (Entered: 02/01/2019)
2019-02-01		MINUTE ORDER: In view of Defendant's Notice of Restored Government Funding, the previously imposed stay is lifted. Defendant shall file its reply in further support of its motion for summary judgment on or before February 15, 2019. SO ORDERED. Signed by Judge Tanya S. Chutkan on 2/1/19.(ah) (Entered: 02/01/2019)
2019-02-15	17	REPLY to opposition to motion re 10 MOTION for Summary Judgment and Supporting Memorandum filed by U.S. DEPARTMENT OF JUSTICE. (Sroka, Scott) (Entered: 02/15/2019)
2019-02-22	18	SUPPLEMENTAL MEMORANDUM to re 14 Response to motion filed by RICHARD W. ROSE. (ztd) (Entered: 02/27/2019)
2019-04-15	19	ORDER granting 10 Defendant's Motion for Summary Judgment and entering judgment for the Defendant, for the reasons stated in the Memorandum Opinion issued separately this day. Signed by Judge Tanya S. Chutkan on 4/15/19.(ah) (Entered: 04/15/2019)
2019-04-15	20	MEMORANDUM OPINION accompanying final order issued separately this day. Signed by Judge Tanya S. Chutkan on 4/15/19.(ah) (Entered: 04/15/2019)
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