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Case TitleHughes v. United States Department of Justice
DistrictSouthern District of West Virginia
CityCharleston
Case Number2:2019cv00550
Date Filed2019-12-17
Date Closed2021-02-24
JudgeSenior Judge John T. Copenhaver, Jr.
PlaintiffTerry Hughes
Case DescriptionTerry Hughes, a state prisoner, submitted a FOIA request to the FBI for records pertaining to his criminal investigation. The agency acknowledged receipt of the request but told Hughes it would not search for records on third parties without authorization. Hughes filed an administrative appeal, which was denied. He then filed suit.
Complaint issues: Determination - Glomar response

DefendantFBI
DefendantFBI
TERMINATED: 12/17/2019
DefendantDEA
DefendantDEA
TERMINATED: 12/17/2019
DefendantUnited States Department of Justice
Documents
Docket
Complaint
Complaint attachment 1
Opinion/Order [55]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2019-07-251LETTER-FORM COMPLAINT. (Attachment: # 1 Mailing Envelope) (kew) (Entered: 07/26/2019)
2019-07-25CASE assigned to Judge John T. Copenhaver, Jr. (klc) (Entered: 07/29/2019)
2019-07-262STANDING ORDER IN RE: ASSIGNMENT AND REFERRAL OF CIVIL ACTIONS AND MATTERS TO MAGISTRATE JUDGES ENTERED JANUARY 4, 2016. This case is referred to Magistrate Judge Dwane L. Tinsley for Findings of Fact and Recommendations for disposition. (cc: attys; any unrepresented party) (kew)
2019-08-053MOTION by Terry Hughes for Appointment of Counsel and ADDITIONAL DOCUMENTATION in support of 1 Letter-Form Complaint. (Attachment: # 1 Mailing Envelope) Motion referred to Magistrate Judge Dwane L. Tinsley. (kew)
2019-08-264APPLICATION by Terry Hughes to Proceed without Prepayment of Fees or Costs. (Attachment: # 1 Resident Transaction Details) Motion referred to Magistrate Judge Dwane L. Tinsley. (ts)
2019-08-265LETTER from Terry Hughes dated 8/19/2019 requesting subpoena forms and enclosing documentation. (Attachment: # 1 Mailing Envelope) (ts)
2019-09-136LETTER to Clerk of Court, from Terry Hughes dated 9/8/2019, re: status of financial affidavit. (Attachment: # 1 Envelope) (kew)
2019-09-167LETTER to Terry Hughes, from Clerk of Court dated 9/16/2019, re: status of financial waiver. (kew)
2019-09-268LETTER to Clerk of Court, from Terry Hughes dated 9/23/2019, re: request for docket sheet. (Attachment: # 1 Envelope) (kew)
2019-09-269LETTER to Terry Hughes, from Clerk of Court dated 9/26/2019, re: enclosing copy of docket sheet. (kew)
2019-10-0310LETTER-FORM MOTION by Terry Hughes to Amend 1 Complaint. (Attachment: # 1 Envelope) Motion referred to Magistrate Judge Dwane L. Tinsley. (kew)
2019-12-1311ORDER directing this matter be transferred to Rory L. Perry II, Clerk of Court, for reassignment to another magistrate judge within this district. Signed by Magistrate Judge Dwane L. Tinsley on 12/13/2019. (cc: counsel of record; any unrepresented parties) (ts)
2019-12-13ADDRESS UPDATE as to Terry Hughes: Mount Olive Correctional Center per DOC website. (ts)
2019-12-1612CLERK'S ORDER the referral of this civil action for Findings of Fact and Recommendations for disposition is transferred from Magistrate Judge Dwane L. Tinsley to Magistrate Judge Omar J. Aboulhosn. Signed by Clerk of Court Rory L. Perry II on 12/16/2019. (cc: Magistrate Judge Tinsley; Magistrate Judge Aboulhosn; counsel of record; any unrepresented party) (klc)
2019-12-1713ORDER granting 4 APPLICATION to Proceed Without Prepayment of Fees. Directing that the Clerk shall issue process in this case by preparing and serving a Summons and a copy of the letter-form complaint upon the United States Department of Justice. Signed by Magistrate Judge Omar J. Aboulhosn on 12/17/2019. (cc: plaintiff, counsel of record, officer at Mount Olive prisoner accounts) (lca)
2019-12-1714ORDER denying 3 MOTION to Appoint Counsel and denying 10 MOTION to Amend. Signed by Magistrate Judge Omar J. Aboulhosn on 12/17/2019. (cc: counsel of record; plaintiff) (lca)
2019-12-1715SUMMONS ISSUED by the Clerk for U.S. Department of Justice re: 1 Complaint, returnable 60 days. (lca) (Modified on 1/6/2020 to add certified mail receipt) (lca).
2019-12-2316SUMMONS RETURNED EXECUTED BY CERTIFIED MAIL for United States Department of Justice re: 1 Complaint. Return Receipt Card signed by M. Wallace with United States Attorney's Office. United States Department of Justice served on 12/19/2019, answer due 2/18/2020. (lca) (Modified on 12/31/2019 to convert event to summons returned as to USA and to set answer date) (ts).
2020-01-0617SUMMONS RETURNED EXECUTED for United States Department of Justice, Acting U.S. Attorney General re: 1 Complaint. (lca)
2020-01-3018MOTION by Terry Hughes to Continue. (Attachment: # 1 Envelope) Motion referred to Magistrate Judge Omar J. Aboulhosn. (kew)
2020-02-0419ORDER denying 18 MOTION by Terry Hughes to Continue. Signed by Magistrate Judge Omar J. Aboulhosn on 2/4/2020. (cc: Plaintiff; counsel of record) (kew)
2020-02-1820ANSWER TO 1 Complaint by United States Department of Justice.(Bailey, Jason)
2020-02-2421LETTER to Clerk of Court, from Terry Hughes dated 2/20/2020, re: requesting documents. (Attachment: # 1 Envelope) (kew)
2020-02-2422LETTER to Terry Hughes, from Rory L. Perry II dated 2/24/2020, re: 21 letter requesting documents. (klc)
2020-03-0923SCHEDULING ORDER directing the parties to comply with the following schedule: Discovery to close by 7/10/2020. Dispositive Motions except those filed under Rule 12(b) due by 8/10/2020, with responses due by 9/10/2020, and replies due by 9/24/2020. Signed by Magistrate Judge Omar J. Aboulhosn on 3/9/2020. (cc: plaintiff; counsel of record) (kew)
2020-03-2524MOTION by United States Department of Justice to Dismiss 1 Complaint. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2) Motion referred to Magistrate Judge Omar J. Aboulhosn. (Bailey, Jason)
2020-03-2525MEMORANDUM OF LAW by United States Department of Justice in support of 24 MOTION by United States Department of Justice to Dismiss 1 Complaint MOTION by United States Department of Justice to Dismiss With Prejudice re: 1 Complaint. (Bailey, Jason)
2020-03-2526MOTION by United States Department of Justice to Stay Discovery Pending the Disposition of the Motion to Dismiss. Motion referred to Magistrate Judge Omar J. Aboulhosn. (Bailey, Jason)
2020-03-2527MEMORANDUM by United States Department of Justice in support of 26 MOTION by United States Department of Justice to Stay Discovery Pending the Disposition of the Motion to Dismiss. (Bailey, Jason)
2020-03-2628ORDER, Plaintiff's response to 24 MOTION by United States Department of Justice to Dismiss 1 Complaint shall be filed with the Clerk on or before 05/21/2020; defendant will have 7 business days within which to file a reply. Signed by Magistrate Judge Omar J. Aboulhosn on 3/26/2020. (cc: Pro Se Plaintiff; counsel of record) (klc)
2020-04-0329MOTION by Terry Hughes For Enlargement of Time to File Response to 24 MOTION by United States Department of Justice to Dismiss. (Attachment: # 1 Envelope) Motion referred to Magistrate Judge Omar J. Aboulhosn. (lca)
2020-04-0630ORDER granting in part and denying in part 29 MOTION for Enlargement of Time; granting Plaintiff's motion to the extent that Plaintiff requests an extension of time; denying Plaintiff's request to the extent that he requests a 90-day continuance; directing Plaintiff to file a response to the 24 MOTION by United States Department of Justice to Dismiss 1 Complaint by 6/22/2020; directing Defendant to file any Reply to Plaintiff's Response within seven (7) business days following service of Plaintiff's response. Signed by Magistrate Judge Omar J. Aboulhosn on 4/6/2020. (cc: Plaintiff, pro se; counsel of record) (slr)
2020-06-0831LETTER to Clerk, from Terry Hughes (pro se) dated 6/4/2020, re: Request for documents and updated docket sheet. (Attachment: # 1 Envelope) (tmr) (Entered: 06/09/2020)
2020-06-1232LETTER to Terry Hughes, from Rory L. Perry II dated 6/12/2020, re: 31 letter requesting documents and updated docket sheet. (klc)
2020-06-1933MOTION by Terry Hughes for Enlargement of Time to Respond to 24 MOTION by United States Department of Justice to Dismiss 1 Complaint. (Attachments: # 1 Exhibits A-C, # 2 Cover Letter, # 3 Envelope) Motion referred to Magistrate Judge Omar J. Aboulhosn. (kew) (Entered: 06/22/2020)
2020-06-2334ORDER directing that Plaintiff's 33 MOTION for Enlargment of Time is GRANTED; Plaintiff shall file a Response to the Defendant's 24 MOTION to Dismiss for Lack of Subject Matter Jurisdiction by 7/22/2020; following service of Plaintiff's Response, the Defendant will have 7 business days within which to file a Reply to Plaintiff's Response. Signed by Magistrate Judge Omar J. Aboulhosn on 6/23/2020. (cc: Plaintiff - pro se; counsel of record) (btm)
2020-07-2235MOTION to Amend 1 Complaint by Dismissing Certain Requests by Terry Hughes. Motion referred to Magistrate Judge Omar J. Aboulhosn. (msa)
2020-07-2236RESPONSE by Terry Hughes to 24 MOTION by United States Department of Justice to Dismiss 1 Complaint. (msa)
2020-07-2837REPLY by United States Department of Justice to 36 Response In Opposition. (Bailey, Jason)
2020-10-0838Partial Filing Fee Received: $78.64, Receipt Number CHAR018165. (mms)
2020-10-2139Partial Filing Fee Received: $14.58, Receipt Number CHAR018208. (mfo)
2020-10-2640PROPOSED FINDINGS AND RECOMMENDATION It is RECOMMENDED that the District Court GRANT Defendant's 24 Motion to Dismiss, DENY Plaintiff's 35 Motion to Amend Complaint, and remove this matter from the Court's docket. This case is no longer referred to Magistrate Judge Omar J. Aboulhosn. If the PF&R was served electronically, Objections are due by 11/9/2020. If the PF&R was served by mail, Objections are due by 11/12/2020. Signed by Magistrate Judge Omar J. Aboulhosn on 10/26/2020. (cc: Plaintiff; counsel of record) (kew)
2020-10-2641ORDER denying as moot the 26 Motion to Stay Discovery Pending the Disposition of the Motion to Dismiss. Signed by Magistrate Judge Omar J. Aboulhosn on 10/26/2020. (cc: Plaintiff; counsel of record) (kew)
2020-11-1642MOTION by Terry Hughes for Enlargement of Time to File Objections to 40 Proposed Findings and Recommendations. (lca)
2020-11-1643NOTICE OF HEARING by Terry Hughes re: 42 MOTION by Terry Hughes for Extension of Time to File Objection re: 40 Proposed Findings and Recommendations. (lca)
2020-11-1644LETTER to Rory L. Perry II, from Terry Hughes dated 11/6/2020, re: requesting docket sheet. (lca)
2020-11-1845ORDER granting as more fully set forth herein 42 MOTION for Extension of Time to File Objection to 40 PROPOSED FINDINGS AND RECOMMENDATION; objections due 12/14/2020. Signed by Senior Judge John T. Copenhaver, Jr. on 11/18/2020. (cc: counsel of record; any unrepresented parties) (tmr)
2020-11-1946LETTER to Terry Hughes, from Rory L. Perry II dated 11/19/2020, re: enclosing docket sheet. (lca)
2020-12-1647OBJECTIONS to 40 Proposed Findings and Recommendations by Terry Hughes. (kew)
2020-12-1648MOTION by Terry Hughes Under Vaughn v. Rosen to Require Detailed Indexing, Justification, and Itemization. (kew)
2020-12-1649NOTICE OF HEARING ON MOTION by Terry Hughes for 48 MOTION by Terry Hughes Under Vaughn v. Rosen to Require Detailed Indexing, Justification, and Itemization. (kew)
2020-12-2850RESPONSE by United States Department of Justice to 47 Objection to Proposed Findings and Recommendations. (Bailey, Jason)
2020-12-2851RESPONSE by United States Department of Justice in opposition to 48 MOTION by Terry Hughes Under Vaughn v. Rosen to Require Detailed Indexing, Justification, and Itemization (Bailey, Jason)
2021-02-1052MOTION by Terry Hughes for Leave to Supplement the Affidavit of Exhibits in Support of the 47 Objections to Proposed Findings and Recommendations with proposed document attached (Attachments: # 1 Supplemental Affidavit, # 2 Cover Letter, # 3 Envelope) (kew)
2021-02-1053NOTICE OF HEARING by Terry Hughes for 52 MOTION by Terry Hughes for Leave to Supplement the Affidavit of Exhibits in Support of the 47 Objection to Proposed Findings and Recommendation. (kew)
2021-02-2354RESPONSE by United States Department of Justice in opposition to 52 MOTION by Terry Hughes for Leave to Supplement the Affidavit of Exhibits in Support of the 47 Objections to Proposed Findings and Recommendations (Bailey, Jason)
2021-02-2455MEMORANDUM OPINION AND ORDER granting plaintiff's 52 motion for leave to supplement his exhibits in support of his objection to the PF&R; overruling plaintiff's 47 objections to the PF&R; adopting the 40 Proposed Findings and Recommendation of Magistrate Judge; granting defendant's 24 motion to dismiss the plaintiff's complaint; denying plaintiff's 35 motion to amend his complaint; denying as moot all other 48 pending motions; and directing this action to be dismissed and stricken from the court's docket. Signed by Senior Judge John T. Copenhaver, Jr. on 2/24/2021. (cc: pro se plaintiff; counsel of record; any other unrepresented parties; Magistrate Judge Aboulhosn) (arb)
2021-02-2456JUDGMENT ORDER In accordance with the court's memorandum opinion and order entered this date, it is ORDERED and ADJUDGED that this civil action is dismissed without prejudice. Signed by Senior Judge John T. Copenhaver, Jr. on 2/24/2021. (cc: pro se plaintiff; counsel of record; any other unrepresented parties) (arb)
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by FOIA Project Staff
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