Skip to content

Case Detail

[Subscribe to updates]
Case TitleBALL v. UNITED STATES MARSHAL SERVICE et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2019cv01230
Date Filed2019-04-26
Date Closed2021-01-26
JudgeJudge James E. Boasberg
PlaintiffWILLIAM B. BALL
DefendantUNITED STATES MARSHAL SERVICE
DefendantDEPARTMENT OF HOMELAND SECURITY
DefendantUNITED STATES SECRET SERVICE
DefendantUNITED STATES SECRET SERVICE
TERMINATED: 03/06/2020
DefendantFEDERAL BUREAU OF INVESTIGATION
DefendantFEDERAL BUREAU OF INVESTIGATION
TERMINATED: 03/06/2020
DefendantOFFICE OF INTELLIGENCE AND ANALYSIS
Documents
Docket
Complaint
Complaint attachment 1
Opinion/Order [23]
FOIA Project Annotation: Judge James Boasberg has ruled that the FBI did not receive prisoner William Ball's FOIA request and has dismissed Ball's suit. Ball filed suit against the U.S. Marshals Service, the Department of Homeland Security, the U.S. Secret Service, and the FBI after the agencies failed to respond to his request for records about his conviction. Boasberg initially dismissed Ball's claim under the Administrative Procedure Act, noting that "his only articulated cause of action relies on FOIA and the Privacy Act." Ball had conceded his claim against the Secret Service. Since the FBI was the only other agency that had filed a summary judgment motion, Boasberg indicated he would only rule as to the FBI and leave the other agencies to another time. The FBI argued that it could find no records of Ball's alleged request. Boasberg noted that "the Court will dismiss the Privacy Act claim because Plaintiff 'does not offer proof via, e.g., a certified-mail receipt of any other form of mailing that his missive reached [its] intended target.'" He found Ball had done no better under FOIA in proving that the agency had received his request. He observed that "again, as Plaintiff's offers no evidence beyond is own say-so, the Court concludes on summary judgement that his claim to have mailed the request to the FBI is defeated by the Bureau's sworn declaration that it was not received." He added that "Plaintiff is, of course, free to file the identical request and resubmit it to the FBI, which will then trigger a Bureau response."
Issues: Request - Perfected request, Request - Receipt
Opinion/Order [38]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2019-04-26Initiating Pleading & IFP Application Received on 04/26/2019. A copy of the docket sheet has been mailed to the address of record for the pro se party. (zsb) (Entered: 04/29/2019)
2019-04-261COMPLAINT against DEPARTMENT OF HOMELAND SECURITY, FEDERAL BUREAU OF INVESTIGATION, OFFICE OF INTELLIGENCE AND ANALYSIS, UNITED STATES MARSHAL SERVICE, UNITED STATES SECRET SERVICE filed by WILLIAM B. BALL. (Attachment: # 1 Summons)(zsb) (Entered: 04/29/2019)
2019-04-262MOTION for Leave to Proceed in forma pauperis by WILLIAM B. BALL (zsb) (Entered: 04/29/2019)
2019-05-083PRO SE ORDER directing within 30 days of this Order, unless an extension of time is granted, plaintiff to provide a six month trust fund prisoner account statement and failure to comply will result in dismissal of case. Plaintiff shall provide the requested information specific within this order. Pro Se party has been notified by first class mail. Signed by Judge Colleen Kollar-Kotelly on 5/7/2019. (zrdj) (Entered: 05/09/2019)
2019-05-204PARTIAL PRISONER TRUST FUND ACCOUNT STATEMENT by WILLIAM B. BALL (zrdj) (Entered: 05/22/2019)
2019-06-105ORDER directing an initial partial filing fee in the amount of $273.90 from Prison Account of WILLIAM B. BALL 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 James E. Boasberg on 06/07/2019. (zsb) (Entered: 06/13/2019)
2019-06-13Case Assigned to Judge James E. Boasberg. (zsb) (Entered: 06/13/2019)
2019-06-13MINUTE ORDER: The Court ORDERS that the Clerk shall direct the USMS to perform service on Defendants. So ORDERED by Judge James E. Boasberg on 6/13/2019. (lcjeb2) (Entered: 06/13/2019)
2019-06-196SUMMONS (7) Issued as to DEPARTMENT OF HOMELAND SECURITY, FEDERAL BUREAU OF INVESTIGATION, OFFICE OF INTELLIGENCE AND ANALYSIS, UNITED STATES MARSHAL SERVICE, UNITED STATES SECRET SERVICE, U.S. Attorney and U.S. Attorney General (zeg) (Entered: 06/19/2019)
2019-07-097RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 6/21/2019. Answer due for ALL FEDERAL DEFENDANTS by 7/21/2019. (ztd) (Entered: 07/12/2019)
2019-07-158RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 7/2/2019. RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. DEPARTMENT OF HOMELAND SECURITY served on 7/2/2019 (tth) (Entered: 07/17/2019)
2019-07-199MOTION for Extension of Time to File Answer re 1 Complaint by DEPARTMENT OF HOMELAND SECURITY, FEDERAL BUREAU OF INVESTIGATION, OFFICE OF INTELLIGENCE AND ANALYSIS, UNITED STATES MARSHAL SERVICE, UNITED STATES SECRET SERVICE (Seabrook, April) (Entered: 07/19/2019)
2019-07-19MINUTE ORDER GRANTING Defendants' 9 Motion for Extension of Time to Answer. The Court ORDERS that Defendants shall file their Answer or otherwise respond to Plaintiff's Complaint by August 22, 2019. So ORDERED by Judge James E. Boasberg on 7/19/2019. (lcjeb2) (Entered: 07/19/2019)
2019-07-19Set/Reset Deadlines: Responses due by 8/22/2019. (znbn) (Entered: 07/19/2019)
2019-08-2011RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. FEDERAL BUREAU OF INVESTIGATION served on 8/19/2019; OFFICE OF INTELLIGENCE AND ANALYSIS served on 8/19/2019; UNITED STATES SECRET SERVICE served on 8/19/2019 (ztth) (Entered: 08/26/2019)
2019-08-2110MOTION for Extension of Time to File Answer re 1 Complaint by DEPARTMENT OF HOMELAND SECURITY, FEDERAL BUREAU OF INVESTIGATION, OFFICE OF INTELLIGENCE AND ANALYSIS, UNITED STATES MARSHAL SERVICE, UNITED STATES SECRET SERVICE (Seabrook, April) (Entered: 08/21/2019)
2019-08-22MINUTE ORDER GRANTING Defendants' 10 Motion for Extension of Time to Answer. The Court ORDERS that Defendants shall file their Answer or otherwise respond to Plaintiff's Complaint by September 25, 2019. So ORDERED by Judge James E. Boasberg on 08/22/2019. (lcjeb2) (Entered: 08/22/2019)
2019-08-22Set/Reset Deadlines: Answer due by 9/25/2019. (znbn) (Entered: 08/22/2019)
2019-09-2412MOTION to Dismiss , MOTION for Summary Judgment by DEPARTMENT OF HOMELAND SECURITY, FEDERAL BUREAU OF INVESTIGATION, OFFICE OF INTELLIGENCE AND ANALYSIS, UNITED STATES MARSHAL SERVICE, UNITED STATES SECRET SERVICE (Attachments: # 1 Statement of Facts, # 2 Memorandum in Support, # 3 Declaration Tyrell (USSS), # 4 Declaration Hardy (FBI))(Seabrook, April) (Entered: 09/24/2019)
2019-09-2413ORDER DIRECTING Plaintiff to respond to Defendants' 12 Motion to Dismiss or for Summary Judgment no later than October 24, 2019. Signed by Judge James E. Boasberg on 09/24/2019. (lcjeb2) (Entered: 09/24/2019)
2019-09-24Set/Reset Deadlines: Response to Dispositive Motions due by 10/24/2019. (lsj) (Entered: 09/24/2019)
2019-10-2514RESPONSE re 12 MOTION to Dismiss MOTION for Summary Judgment filed by WILLIAM B. BALL. (ztd) (Entered: 10/29/2019)
2019-10-3115MOTION for Extension of Time to File Response/Reply as to 12 MOTION to Dismiss MOTION for Summary Judgment by DEPARTMENT OF HOMELAND SECURITY, FEDERAL BUREAU OF INVESTIGATION, OFFICE OF INTELLIGENCE AND ANALYSIS, UNITED STATES MARSHAL SERVICE, UNITED STATES SECRET SERVICE (Seabrook, April) (Entered: 10/31/2019)
2019-10-31MINUTE ORDER GRANTING Defendants' 15 Motion for Extension of Time. The Court ORDERS that Defendants shall file their reply by November 19, 2019. So ORDERED by Judge James E. Boasberg on 10/31/2019. (lcjeb2) (Entered: 10/31/2019)
2019-10-31Set/Reset Deadlines: Replies due by 11/19/2019. (nbn) (Entered: 11/01/2019)
2019-11-1916MOTION to Amend/Correct Set/Reset Deadlines , MOTION for Leave to File AN AMENDED MEMORANDUM OF POINTS AND AUTHORITIES by DEPARTMENT OF HOMELAND SECURITY, FEDERAL BUREAU OF INVESTIGATION, OFFICE OF INTELLIGENCE AND ANALYSIS, UNITED STATES MARSHAL SERVICE, UNITED STATES SECRET SERVICE (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order, # 3 Exhibit A - Amended Memo of Law)(Seabrook, April) (Entered: 11/19/2019)
2019-11-19MINUTE ORDER: The Court ORDERS that: 1) Defendants' 16 Motion is GRANTED; 2) Defendants' Amended Memorandum of Points and Authorities is deemed FILED; and 3) Pro se Plaintiff shall file his opposition to the Amended Memorandum by December 10, 2019. So ORDERED by Judge James E. Boasberg on 11/19/2019. (lcjeb2) (Entered: 11/19/2019)
2019-11-19Set/Reset Deadlines: Opposition due by 12/10/2019. (znbn) (Entered: 11/20/2019)
2019-11-1917AMENDED MEMORANDUM re 12 MOTION to Dismiss MOTION for Summary Judgment filed by OFFICE OF INTELLIGENCE AND ANALYSIS, UNITED STATES MARSHAL SERVICE, UNITED STATES SECRET SERVICE, DEPARTMENT OF HOMELAND SECURITY, FEDERAL BUREAU OF INVESTIGATION by DEPARTMENT OF HOMELAND SECURITY, FEDERAL BUREAU OF INVESTIGATION, OFFICE OF INTELLIGENCE AND ANALYSIS, UNITED STATES MARSHAL SERVICE, UNITED STATES SECRET SERVICE. (ztth) (Entered: 11/25/2019)
2019-12-0218MOTION for Extension of Time to File Response/Reply as to 12 MOTION to Dismiss MOTION for Summary Judgment by WILLIAM B. BALL. (ztth) (Entered: 12/05/2019)
2019-12-04Set/Reset Deadlines: Plaintiff opposition due by 1/24/2020. (nbn) (Entered: 12/06/2019)
2019-12-05MINUTE ORDER GRANTING Plaintiff's 18 Motion for Extension of Time. The Court ORDERS that Plaintiff shall file his opposition to Defendants' 12 and 17 Motion to Dismiss by January 24, 2020. So ORDERED by Judge James E. Boasberg on 12/5/2019. (lcjeb2) (Entered: 12/05/2019)
2020-01-2719(AMENDED) RESPONSE re 12 MOTION to Dismiss, MOTION for Summary Judgment filed by WILLIAM B. BALL. (ztth) (Entered: 01/30/2020)
2020-02-0520MOTION for Extension of Time to File Response/Reply as to 12 MOTION to Dismiss MOTION for Summary Judgment by DEPARTMENT OF HOMELAND SECURITY, FEDERAL BUREAU OF INVESTIGATION, OFFICE OF INTELLIGENCE AND ANALYSIS, UNITED STATES MARSHAL SERVICE, UNITED STATES SECRET SERVICE (Seabrook, April) (Entered: 02/05/2020)
2020-02-06MINUTE ORDER GRANTING Defendants' 20 Motion for Extension of Time. The Court ORDERS that Defendants shall file their reply by February 27, 2020. So ORDERED by Judge James E. Boasberg on 2/6/2020. (lcjeb2) (Entered: 02/06/2020)
2020-02-06Set/Reset Deadlines: Replies due by 2/27/2020. (znbn) (Entered: 02/06/2020)
2020-02-2621REPLY to opposition to motion re 12 MOTION to Dismiss MOTION for Summary Judgment filed by DEPARTMENT OF HOMELAND SECURITY, FEDERAL BUREAU OF INVESTIGATION, OFFICE OF INTELLIGENCE AND ANALYSIS, UNITED STATES MARSHAL SERVICE, UNITED STATES SECRET SERVICE. (Seabrook, April) (Entered: 02/26/2020)
2020-03-0622ORDER GRANTING Defendants' 12 Motion to Dismiss. The Court ORDERS that: 1) Defendants FBI and USSS are DISMISSED WITHOUT PREJUDICE; and 2) The parties shall each submit a status report with proposed next steps in the case by March 20, 2020. Signed by Judge James E. Boasberg on 3/6/2020. (lcjeb2) (Entered: 03/06/2020)
2020-03-0623MEMORANDUM OPINION re 22 Order on Motion to Dismiss. Signed by Judge James E. Boasberg on 3/6/2020. (lcjeb2) (Entered: 03/06/2020)
2020-03-0924MOTION for Leave to File Sur-Reply by WILLIAM B. BALL. (ztth) (Entered: 03/12/2020)
2020-03-12MINUTE ORDER DENYING AS MOOT Plaintiff's 24 Motion for Leave to File Sur-Reply. So ORDERED by Judge James E. Boasberg on 3/12/2020. (lcjeb2) (Entered: 03/12/2020)
2020-03-1325NOTICE of Appearance by Paul Cirino on behalf of All Defendants (Cirino, Paul) (Entered: 03/13/2020)
2020-03-2026ANSWER to 1 Complaint by DEPARTMENT OF HOMELAND SECURITY, OFFICE OF INTELLIGENCE AND ANALYSIS, UNITED STATES MARSHAL SERVICE.(Cirino, Paul) (Entered: 03/20/2020)
2020-03-2027STATUS REPORT by DEPARTMENT OF HOMELAND SECURITY, OFFICE OF INTELLIGENCE AND ANALYSIS, UNITED STATES MARSHAL SERVICE. (Attachments: # 1 Text of Proposed Order)(Cirino, Paul) (Entered: 03/20/2020)
2020-03-20MINUTE ORDER ADOPTING Defendants' 27 Joint Status Report. The Court ORDERS that, within 45 days, Plaintiff shall notify the Court and Defendants whether he is challenging: (1) the adequacy of USMS's and DHS's searches for records responsive to his FOIA requests; (2) DHS's withholdings and, if so, which withholdings Plaintiff claims to be improper; and/or (3) Treasury's final response. So ORDERED by Judge James E. Boasberg on 3/20/2020. (lcjeb3) (Entered: 03/20/2020)
2020-05-0428NOTICE by WILLIAM B. BALL. (ztth) (Entered: 05/06/2020)
2020-05-06MINUTE ORDER: The Court ORDERS that Defendants shall submit a proposed briefing schedule by May 20, 2020. So ORDERED by Judge James E. Boasberg on 5/6/2020. (lcjeb2) (Entered: 05/06/2020)
2020-05-06Set/Reset Deadlines: Proposed Briefing Schedule due by 5/20/2020. (znbn) (Entered: 05/08/2020)
2020-05-2029PROPOSED BRIEFING SCHEDULE by DEPARTMENT OF HOMELAND SECURITY, OFFICE OF INTELLIGENCE AND ANALYSIS, UNITED STATES MARSHAL SERVICE. (Cirino, Paul) (Entered: 05/20/2020)
2020-05-20MINUTE ORDER: The Court ADOPTS the Defendants' 29 Proposed Briefing Schedule and ORDERS that: 1) Defendants motion for summary judgment shall be due on July 3, 2020; 2) Plaintiffs cross-motion for summary judgment and opposition to Defendants motion for summary judgment shall be due on September 1, 2020; 3) Defendants reply and opposition to Plaintiffs cross-motion for summary judgment shall be due on September 30, 2020; and 4) Plaintiffs reply shall be due on November 28, 2020. So ORDERED by Judge James E. Boasberg on 5/20/2020. (lcjeb2) (Entered: 05/20/2020)
2020-05-20Set/Reset Deadlines: Summary Judgment motions due by 7/3/2020. Response to Motion for Summary Judgment due by 9/1/2020. Cross Motions due by 9/1/2020. Reply to Motion for Summary Judgment due by 9/30/2020. Response to Cross Motions due by 9/30/2020. Reply to Cross Motions due by 11/28/2020. (znbn) (Entered: 05/22/2020)
2020-07-0230MOTION for Summary Judgment by DEPARTMENT OF HOMELAND SECURITY, OFFICE OF INTELLIGENCE AND ANALYSIS, UNITED STATES MARSHAL SERVICE (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Declaration of Toni Fuentes (w/ Exhibits 1-3), # 4 Declaration of Charlotte Luckstone (w/ Exhibits 1-3), # 5 Declaration of Michael Neufeld (w/ Exhibits 1-3), # 6 Text of Proposed Order)(Cirino, Paul) (Entered: 07/02/2020)
2020-07-0631ORDER DIRECTING Plaintiff to respond to Defendant's 30 Motion for Summary Judgment no later than August 3, 2020. Signed by Judge James E. Boasberg on 7/6/2020. (lcjeb1) (Entered: 07/06/2020)
2020-07-06Set/Reset Deadlines: Responses due by 8/3/2020. (znbn) (Entered: 07/08/2020)
2020-07-2132MOTION for Extension of Time to File Response/Reply as to 30 MOTION for Summary Judgment by WILLIAM B. BALL. (ztth) (Entered: 07/28/2020)
2020-07-28MINUTE ORDER GRANTING Plaintiff's 32 Motion for Extension of Time. The Court ORDERS that Plaintiff shall file his response to Defendants' 30 Motion for summary judgment by September 2, 2020. So ORDERED by Judge James E. Boasberg on 07/28/2020. (lcjeb2) (Entered: 07/28/2020)
2020-07-28Set/Reset Deadlines: Response to Motion for Summary Judgment due by 9/2/2020. (znbn) (Entered: 07/28/2020)
2020-08-1233NOTICE OF WITHDRAWAL OF APPEARANCE as to DEPARTMENT OF HOMELAND SECURITY, OFFICE OF INTELLIGENCE AND ANALYSIS, UNITED STATES MARSHAL SERVICE. Attorney April Denise Seabrook terminated. (Seabrook, April) (Entered: 08/12/2020)
2020-09-0134MOTION for Extension of Time to File Response/Reply as to 30 MOTION for Summary Judgment by WILLIAM B. BALL (zrdj) (Entered: 09/03/2020)
2020-09-04MINUTE ORDER GRANTING Plaintiff's 34 Motion for Extension of Time. The Court ORDERS that Plaintiff shall file his response by October 17, 2020. So ORDERED by Judge James E. Boasberg on 09/04/2020. (lcjeb2) (Entered: 09/04/2020)
2020-09-04Set/Reset Deadlines: Responses due by 10/17/2020. (znbn) (Entered: 09/04/2020)
2020-10-2235MOTION for Extension of Time to File Response/Reply as to 30 MOTION for Summary Judgment by WILLIAM B. BALL (zrdj) (Entered: 10/23/2020)
2020-10-26MINUTE ORDER GRANTING Plaintiff's 35 Motion for Extension of Time. The Court ORDERS that Plaintiff shall file his response by December 1, 2020. So ORDERED by Judge James E. Boasberg on 10/26/2020. (lcjeb2) (Entered: 10/26/2020)
2020-10-26Set/Reset Deadlines: Responses due by 12/1/2020. (znbn) (Entered: 10/26/2020)
2020-11-3036MOTION for Extension of Time to File Response/Reply as to 30 MOTION for Summary Judgment by WILLIAM B. BALL (ztth) (Entered: 12/02/2020)
2020-12-02MINUTE ORDER: The Court ORDERS that Plaintiff's 36 Motion for Extension is GRANTED, and he shall file his Opposition to Defendants' Motion for Summary Judgment by January 15, 2021. This is the final extension. So ORDERED by Judge James E. Boasberg on 12/02/2020. (lcjeb2) (Entered: 12/02/2020)
2020-12-02Set/Reset Deadlines: Response to Motion for Summary Judgment due by 1/15/2021. (znbn) (Entered: 12/03/2020)
2021-01-22Partial Filing Fee Received from William B. Ball in the amount of $350.00, receipt number: 4616104869. (ztth) (Entered: 01/26/2021)
2021-01-2239RESPONSE re 30 MOTION for Summary Judgment filed by WILLIAM B. BALL. (ztth) (Additional attachment(s) added on 1/27/2021: # 1 Exhibit) (ztth). (Entered: 01/27/2021)
2021-01-2637ORDER: The Court ORDERS that: (1) Defendants' 30 Motion for Summary Judgment is GRANTED; and (2) Judgment is ENTERED in favor of Defendants. Signed by Judge James E. Boasberg on 1/26/2021. (lcjeb3) (Entered: 01/26/2021)
2021-01-2638MEMORANDUM OPINION re 37 Order on Motion for Summary Judgment. Signed by Judge James E. Boasberg on 1/26/2021. (lcjeb3) (Entered: 01/26/2021)
2021-02-0440MOTION to Place Exhibit Under Seal re 39 Response to motion by DEPARTMENT OF HOMELAND SECURITY. (Attachments: # 1 Text of Proposed Order)(Cirino, Paul) (Entered: 02/04/2021)
2021-02-04MINUTE ORDER GRANTING Defendant's 40 Motion to Place Exhibit Under Seal. The Court ORDERS that the Clerk shall PLACE UNDER SEAL Exhibit 7 to Plaintiff's Opposition to Defendants' Motion for Summary Judgment, ECF No. 39-1 at PDF pages 23-25. So ORDERED by Judge James E. Boasberg on 2/4/2021. (lcjeb2) (Entered: 02/04/2021)
Hide Docket Events
by FOIA Project Staff
Skip to toolbar