Case Detail

FOIA Project Annotation: A federal court in South Carolina has adopted the recommendation of a magistrate judge's report that the FBI properly responded to two requests from Robert Samuel for records supporting two complaints filed with the Internet Cybercrime Complaint Center pertaining to purported hacking. After the FBI failed to respond to his requests, Samuel complained to the Office for Government Information Services. As a result, the FBI disclosed records with redactions made under Exemption 6 (invasion of privacy) and Exemption 7(C) (invasion of privacy concerning law enforcement records). After Samuel filed suit, the magistrate judge found that the FBI's responses were appropriate. Judge Richard Gergel agreed, pointing out that "plaintiff fails to submit any evidence to dispute Defendant's evidence that it responded to Plaintiff's FOIA requests. As the record demonstrates Defendant complied with and responded to Plaintiff's FOIA request making this case moot."
Issues: Litigation - Jurisdiction - Moot

Date Filed	Doc #	Docket Text
2019-06-24	1	COMPLAINT against Federal Bureau of Investigation ( Filing fee $ 400 receipt number SCX200016462.), filed by Robert T Samuel, III. (Attachments: # 1 Supporting Documents)(hada, ) Modified on 7/3/2019 Additional Attachments 6 and 12 filed (egra, ). (Entered: 06/24/2019)
2019-06-24	4	Local Rule 26.01 Answers to Interrogatories by Robert T Samuel, III.(hada, ) (Entered: 06/24/2019)
2019-07-03	6	Additional Attachments to Main Document 1 Complaint. (Attachments: # 1 Supporting Documents, # 2 Envelope) (egra, ) (Entered: 07/03/2019)
2019-07-12	9	ORDER authorizing service of process by clerk and directing plaintiff to notify the clerk in writing of any change of address. Signed by Magistrate Judge Bristow Marchant on 07/12/2019. (egra, ) (Entered: 07/12/2019)
2019-07-12	10	Summons Issued as to Federal Bureau of Investigation. U.S. Attorney and U.S. Attorney General. Service due by 10/10/2019. (egra, ) (Entered: 07/12/2019)
2019-07-12	11	***DOCUMENT MAILED 9 Order Service - Non-Inmate, 10 Summons Issued as to USA placed in U.S. Mail from Charleston Clerks Office to Robert T Samuel, III P.O. Box 32311 Charleston, SC 29417 (egra, ) (Entered: 07/12/2019)
2019-07-23	12	Additional Attachments to Main Document 1 Complaint, First attachment description: Supporting Documents. (Attachments: # 1 Cover Letter, # 2 Envelope) (egra, ) (Entered: 07/23/2019)
2019-08-13	13	SUMMONS Returned Executed by Robert T Samuel, III. Federal Bureau of Investigation served on 7/22/2019, answer due 9/20/2019. (Attachments: # 1 Proof of Service, # 2 Envelope) (egra, ) (Entered: 08/13/2019)
2019-08-20	14	ANSWER to 1 Complaint, by Federal Bureau of Investigation.(Bowens, Barbara) (Entered: 08/20/2019)
2019-08-22	16	SCHEDULING ORDER Motions to amend pleadings 9/20/2019, Plaintiffs ID of Expert Witness due by 10/21/2019, Defendants ID of Expert Witnesses Due by 11/21/2019, Records Custodian Affidavit due by 11/21/2019, Discovery due by 12/20/2019, Motions due by 2/20/2020, Mediation Due by 1/20/2020. Signed by Magistrate Judge Bristow Marchant on 08/22/2019. (egra, ) Modified on 8/22/2019 to edit docket text (egra, ). (Entered: 08/22/2019)
2019-08-22	17	***DOCUMENT MAILED 16 Scheduling Order, placed in U.S. Mail from Charleston Clerks Office to Robert T Samuel, III P.O. Box 32311 Charleston, SC 29417 (egra, ) (Entered: 08/22/2019)
2019-10-30	18	MOTION to Compel by Robert T Samuel, III. Response to Motion due by 11/13/2019. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Cover Letter, # 2 Supporting Documents, # 3 Envelope)Motions referred to Bristow Marchant.(egra, ) (Entered: 10/30/2019)
2019-11-13	19	RESPONSE in Opposition re 18 MOTION to Compel Response filed by Federal Bureau of Investigation.Reply to Response to Motion due by 11/20/2019 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Bowens, Barbara) (Entered: 11/13/2019)
2019-11-22	20	TEXT ORDER denying 18 Motion to Compel without prejudice. Plaintiff failed to properly serve his discovery requests. See Rule 5(b)(1), Fed.R.Civ.P. Plaintiff may re-serve his discovery requests if Defendants affidavits are found insufficient by the Court. Cf. Weisberg v. Dept of Justice, 627 F.2d 365, 371 (D.C. Cir. 1980); Landmark Legal Foundation v. EPA, 959 F.Supp.2d 175, 183 (D.D.C. 2013). Entered at the direction of Magistrate Judge Bristow Marchant on 11/22/2019.(egra, ) (Entered: 11/22/2019)
2019-11-22	21	***DOCUMENT MAILED 20 Order on Motion to Compel,, placed in U.S. Mail from Charleston Clerks Office to Robert T Samuel, III P.O. Box 32311 Charleston, SC 29417 (egra, ) (Entered: 11/22/2019)
2019-12-20	22	MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , MOTION for Summary Judgment ( Response to Motion due by 1/3/2020. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. ) by Federal Bureau of Investigation. (Attachments: # 1 Declaration of Hardy)No proposed order.Motions referred to Bristow Marchant.(Bowens, Barbara) (Entered: 12/20/2019)
2020-01-02	23	ROSEBORO ORDER directing clerk to forward summary judgment explanation to the opposing party and directing that party to respond in 31 days. Response due to 22 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION for Summary Judgment by 2/3/2020. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. Signed by Magistrate Judge Bristow Marchant on 01/02/2020. (egra, ) (Entered: 01/02/2020)
2020-01-02	24	***DOCUMENT MAILED 23 Roseboro Order, placed in U.S. Mail from Charleston Clerks Office to Robert T Samuel, III P.O. Box 32311 Charleston, SC 29417 (egra, ) (Entered: 01/02/2020)
2020-01-06	25	RESPONSE in Opposition re 22 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION for Summary Judgment Response filed by Robert T Samuel, III. Reply to Response to Motion due by 1/13/2020. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Attachments: # 1 Supporting Documents, # 2 Envelope) (egra, ) (Entered: 01/06/2020)
2020-05-04	27	REPORT AND RECOMMENDATION of Magistrate Judge Bristow Marchant re 22 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION for Summary Judgment filed by Federal Bureau of Investigation. It is recommended that the Defendant's motion for summary judgment be granted, and that this case be dismissed. Objections to R&R due by 5/18/2020 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. Signed by Magistrate Judge Bristow Marchant on 05/04/2020. (cpeg, ) (Entered: 05/04/2020)
2020-05-04	28	***DOCUMENT MAILED 27 REPORT AND RECOMMENDATION re 22 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION for Summary Judgment filed by Federal Bureau of Investigation placed in U.S. Mail from Charleston Clerks Office to Robert T Samuel, III P.O. Box 32311 Charleston, SC 29417 (cpeg, ) (Entered: 05/04/2020)
2020-05-21	29	OBJECTION to 27 Report and Recommendation by Robert T Samuel, III. Reply to Objections due by 6/4/2020 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Attachments: # 1 Envelope)(cpeg, ) (Entered: 05/21/2020)
2020-06-10	30	ORDER: The Court ADOPTS the R & R as the Order of the Court (Dkt. No. 27). Defendants motion for summary judgment is GRANTED and Plaintiffs case is DISMISSED. AND IT IS SO ORDERED. Signed by Honorable Richard M Gergel on 6/10/20.(ltap, ) (Entered: 06/10/2020)
2020-06-11	31	SUMMARY JUDGMENT in favor of Defendant (sshe, ) (Entered: 06/11/2020)
2020-06-11	32	***DOCUMENT MAILED 30 Order on Motion to Dismiss for Failure to State a Claim, Order on Motion for Summary Judgment, Order on Report and Recommendation, 31 Summary Judgment placed in U.S. Mail from Charleston Clerks Office to Robert T Samuel, III, P.O. Box 32311, Charleston, SC 29417 (sshe, ) (Entered: 06/11/2020)
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