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Case TitlePickering v. U. S. Department of Justice
DistrictWestern District of New York
Case Number1:2019cv00001
Date Filed2019-01-01
Date ClosedOpen
JudgeHon. Richard J. Arcara
PlaintiffLeslie James Pickering
Case DescriptionLeslie Pickering submitted a FOIA request to the FBI for records concerning Native American activist Leonard Peltier. The agency acknowledged receipt of the request, but after hearing nothing further, Pickering filed an appeal with the Office of Information Policy. OIP upheld the FBI's inaction, but the FBI then notified Pickering that it had 6,020 responsive pages that could be disclosed on CDs at a cost of $190. Pickering expressed his willingness to pay the fee. The agency told him that it responded to requests on a first-in, first-out basis and that his request would be processed in turn. Pickering filed another administrative appeal, but after hearing nothing further from the agency, Pickering filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Vaughn index, Litigation - Attorney's fees

DefendantU. S. Department of Justice
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Docket Events (Hide)
Date FiledDoc #Docket Text

2019-01-011COMPLAINT against U.S. Department of Justice $ 400 receipt number 0209-3319033, filed by Leslie James Pickering.(Kuzma, Michael) Modified on 1/2/2019 to correct party, complaint will be refiled for statistical purposes only (SG). (Entered: 01/01/2019)
2019-01-02E-Filing Notification: 1 COMPLAINT will be refiled for statistical purposes only. (SG) (Entered: 01/02/2019)
2019-01-022COMPLAINT against U. S. Department of Justice, filed by Leslie James Pickering.(Kuzma, Michael) (Entered: 01/02/2019)
2019-01-02E-Filing Notification regarding 2 COMPLAINT; Attorney is directed to file a completed Civil Cover Sheet pursuant to LR 3. No judge assignment will be made until filing is entered on the docket. Please utilize the Continuation of Exhibits event located within the Responses and Replies category. (NRE) (Entered: 01/02/2019)
2019-01-033CONTINUATION OF EXHIBITS by Leslie James Pickering. to 2 Complaint Civil Cover Sheet filed by Leslie James Pickering. (Kuzma, Michael) (Entered: 01/03/2019)
2019-01-04Case Assigned to Hon. Richard J. Arcara. Notification to Chambers of on-line civil case opening. (NRE) (Entered: 01/04/2019)
2019-01-04AUTOMATIC REFERRAL to Mediation The ADR Plan is available for download at (Entered: 01/04/2019)
2019-01-04Notice of Availability of Magistrate Judge: A United States Magistrate of this Court is available to conduct all proceedings in this civil action in accordance with 28 U.S.C. 636c and FRCP 73. The Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form (AO-85) is available for download at (NRE) (Entered: 01/04/2019)
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by FOIA Project Staff
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