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Case TitleCarter v. U.S. Department of Justice
DistrictEastern District of New York
CityBrooklyn
Case Number1:2021cv04536
Date Filed2021-08-11
Date ClosedOpen
JudgeJudge LaShann DeArcy Hall
PlaintiffDarryl C. Carter
Case DescriptionDarryl Carter submitted a FOIA request to the FBI for records concerning tips about public corruption and other crimes. He also requested expedited processing. The agency acknowledged receipt of the request but after hearing nothing from the agency Carter filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Vaughn index, Litigation - Recovery of Costs

DefendantU.S. Department of Justice
AppealSecond Circuit 23-49
Documents
Docket
Complaint
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2021-07-221REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Darryl Carter.(rdz) [Transferred from New York Southern on 8/12/2021.] (Entered: 07/22/2021)
2021-07-222COMPLAINT against U.S. Department of Justice. Document filed by Darryl Carter..(rdz) [Transferred from New York Southern on 8/12/2021.] (Entered: 07/22/2021)
2021-07-22Case Designated ECF. (rdz) [Transferred from New York Southern on 8/12/2021.] (Entered: 07/22/2021)
2021-07-223PRO SE CONSENT TO RECEIVE ELECTRONIC SERVICE. The following party: Darryl Carter consents to receive electronic service via the ECF system. Document filed by Darryl Carter..(rdz) [Transferred from New York Southern on 8/12/2021.] (Entered: 07/22/2021)
2021-07-224DECLARATION In Support of Plaintiff's Motion for CM/ECF Case Filing. Document filed by Darryl Carter. (rdz) [Transferred from New York Southern on 8/12/2021.] (Entered: 07/22/2021)
2021-07-225REQUEST FOR ISSUANCE OF SUMMONS as to U.S. Dept. of Justice, Civil Division, re: 2 Complaint. Document filed by Darryl Carter. (sc) [Transferred from New York Southern on 8/12/2021.] (Entered: 07/23/2021)
2021-07-226RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Darryl Carter.(sc) [Transferred from New York Southern on 8/12/2021.] (Entered: 07/23/2021)
2021-07-22MOTION for Leave to Proceed in forma pauperis See Document 1 by Darryl Carter. (Davis, Kimberly) (Entered: 08/12/2021)
2021-07-26NOTICE OF CASE REASSIGNMENT - SUA SPONTE to Judge Laura Taylor Swain. Judge Unassigned is no longer assigned to the case..(wb) [Transferred from New York Southern on 8/12/2021.] (Entered: 07/26/2021)
2021-07-277MOTION FOR PERMISSION FOR ELECTRONIC CASE FILING, re: for Permission for Darryl Carter to participate in electronic case filing in this case. Document filed by Darryl Carter.(sc) [Transferred from New York Southern on 8/12/2021.] (Entered: 07/28/2021)
2021-07-308LETTER from D. Carter, dated 7/30/21 re: "CLERK'S OFFICE MISCONDUCT" - Please note that the Clerk's Office is engaging in misconduct which interferes with the timely and orderly administration of the Court's business etc. The Clerk's Office has no authority to decide what is or is not acceptable email address to submit papers to the Court, and seeks a cover-up solution in the background via its relationship with Microsoft for emails service. Document filed by Darryl Carter.(sc) [Transferred from New York Southern on 8/12/2021.] (Entered: 07/30/2021)
2021-07-319LETTER from D. Carter, dated 7/31/21 re: "HARASSMENT FOLLOWING DOC #8, PLAINTIFF HAS NOTHING TO DO WITH MEXICO, PLEASE CONTROL YOUR JUDICIAL OFFICERS" - In short, it is the duty and obligation of this Court to control its people and operatives and the influence exerted, on such individuals in this Court via outside of this court including via the Eastern District Court in Brooklyn, New York etc. Document filed by Darryl Carter.(sc) [Transferred from New York Southern on 8/12/2021.] (Entered: 08/02/2021)
2021-08-0410TRANSFER ORDER: The Court transfers the action to the United States District Court for the Eastern District of New York. The Court directs the Clerk of Court to terminate all motions filed in this action. Whether Plaintiff should be permitted to proceed further without payment of fees is a determination to be made by the transferee court. This order closes this case. The Court certifies under 28 U.S.C. § 1915(a)(3) that any appeal from this order would not be taken in good faith, and therefore in forma pauperis status is denied for the purpose of an appeal. Cf. Coppedge v. United States, 369 U.S. 438, 44445 (1962) (holding that an appellant demonstrates good faith when he seeks review of a nonfrivolous issue). SO ORDERED. (Signed by Judge Laura Taylor Swain on 8/4/21) (rdz) Transmission to Docket Assistant Clerk for processing. Transmission to Office of the Clerk of Court for processing. [Transferred from New York Southern on 8/12/2021.] (Entered: 08/05/2021)
2021-08-0611LETTER from D. Carter, dated 8/6/21 re: "THE DEAD FISHERMAN & THE SENATE ARMED FORCES COMMITTEE INVESTIGATION REQUEST PER MILITARY ILLEGAL SURVEILLANCE, HARASSMENT, AND THREATS DIRECTED TOWARD PLAINTIFF"- The FOIA complaint seeks to unearth all documents, papers, etc. relating to the inquiry of a federal government deep seeded cover-up[likely felonious] activity of one or more federal officials. The conditions in which the plaintiff currently resides represent extreme and radical human rights violations all aimed at covering up and protecting the responsible federal government officials. Document filed by Darryl Carter.(sc) [Transferred from New York Southern on 8/12/2021.] (Entered: 08/06/2021)
2021-08-0612NOTICE OF APPEAL from 10 Order. Document filed by Darryl Carter. Form D-P is due within 14 days to the Court of Appeals, Second Circuit..(nd) [Transferred from New York Southern on 8/12/2021.] (Entered: 08/09/2021)
2021-08-09Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: 12 Notice of Appeal..(nd) [Transferred from New York Southern on 8/12/2021.] (Entered: 08/09/2021)
2021-08-09Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for 12 Notice of Appeal filed by Darryl Carter were transmitted to the U.S. Court of Appeals..(nd) [Transferred from New York Southern on 8/12/2021.] (Entered: 08/09/2021)
2021-08-1213Case transferred in from District of New York Southern; Case Number 1:21-cv-06242. Original file certified copy of transfer order and docket sheet received. (Entered: 08/12/2021)
2021-08-1214In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf . You may withhold your consent without adverse substantive consequences . Do NOT return or file the consent unless all parties have signed the consent. (Davis, Kimberly) (Entered: 08/12/2021)
2021-08-1715Pro Se Consent to Electronic Notification by Darryl Carter dated 8/17/2021. (Layne, Monique) (Entered: 08/18/2021)
2021-08-17Email Notification Test - DO NOT REPLY (Layne, Monique) (Entered: 08/18/2021)
2022-11-0717Pro Se Consent to Electronic Notification; filed by Darryl Carter, dated 11/7/2022. (Plaintiff's Address and E-mail Updated: dcclawinfo@proton.me.) (WL) (Entered: 11/10/2022)
2022-11-0718Letter MOTION for Conference; filed by pro se Darryl Carter, dated 11/7/2022. W/Attachments: # 1 Exhibits. (WL) (Entered: 11/10/2022)
2022-11-0719AFFIDAVIT of Service / Certificate of Service re: 17 Plaintiff's Updated Consent to Electronic Notification; 18 Conference Request w/Exhibits served upon AUSA Benjamin H. Torrence on 11/7/2022; filed by pro se Darryl Carter. (WL) (Entered: 11/10/2022)
2022-11-1016MANDATE of USCA as to 12 Notice of Appeal filed by Darryl Carter. IT IS HEREBY ORDERED that the appeal is dismissed effective October 08, 2021 unlessby that date appellant either pays the fee in full, moves for in forma pauperis status in district court or, if district court has denied in forma pauperis status, moves in this Court for in forma pauperis status. Mandate Issued: 11/03/2021. (Note: Mandate was sent to SDNY and not received in EDNY until 11/10/2022) (TL) (Entered: 11/10/2022)
2022-11-10Email Notification Test - DO NOT REPLY. (WL) (Entered: 11/10/2022)
2022-11-1520ORDER: Plaintiff's 1 application to proceed in forma pauperis under 28 U.S.C. § 1915 is granted. The United States Marshals Service is directed to serve the summons, complaint, and a copy of this Order upon the U. S. Department of Justice pursuant to Fed. R. Civ. P. 4(i) without prepayment of fees. The parties shall advise the Court by signing the enclosed form whether they jointly consent to trial and decision on this case by me, a United States Magistrate Judge, pursuant to 28 U.S.C. § 636(c). SO ORDERED by Magistrate Judge Lois Bloom on 11/15/2022. C/mailed w/Attachments: # 1 Individual Practices of Magistrate Judge Lois Bloom, # 2 Consent to Trial and Decision by a United States Magistrate Judge. (WL) (Entered: 11/16/2022)
2022-11-1621SUMMONS ISSUED as to U.S. Department of Justice . (Courtesy copies of the Court's 20 Order issued on 11/15/2022, the 11/16/2022 Summons and Plaintiff's 2 Complaint sent to the Attorney General of the United States in Washington, D.C.; the U.S. Attorney's Office for the Eastern District of New York; and the Agency.) (WL) (Entered: 11/16/2022)
2022-11-2122Letter MOTION for Leave to File Document (To Perfect An Order On Motion doc. # 18 ), (Recv'd. 11/21/22) (File Stamp:11/14/22) by Darryl Carter. (ML) (Entered: 11/21/2022)
2022-11-2123EXHIBIT dtd. 11/14/2022 by Darryl Carter Per Attached Motion For Order on Motion. Related document: 22 Letter MOTION for Leave to File Document (To Perfect An Order On Motion doc. # 18 ), (Recv'd. 11/21/22) (File Stamp:11/14/22) filed by Darryl Carter. (Filed Stamp:11/14/2022) (ML) (Entered: 11/21/2022)
2023-01-0424First MOTION for Extension of Time to File Answer re 2 Complaint by U.S. Department of Justice. (Attachments: # 1 Exhibit Exhibit A) (Priore, Shana) (Entered: 01/04/2023)
2023-01-0428Plaintiff's RESPONSE IN OPPOSITION TO Defendant's 24 First MOTION for Extension of Time to File Answer re 2 Complaint (w/supporting documents) filed by Darryl Carter. (Recv'd. on 1/10/23) (ML) (Entered: 01/10/2023)
2023-01-0625SUMMONS Returned Executed by Darryl Carter. U.S. Department of Justice served on 12/21/2022, answer due 2/20/2023. (SG) (Entered: 01/06/2023)
2023-01-0926Plaintiff's Notice Of Docketing Issues, filed by Darryl C. Carter. (ML) (Entered: 01/09/2023)
2023-01-0927Plaintiff's DECLARATION In Support Of 7 Amended Motion For CM/ECF Filing Access by Darryl Carter. (ML) (Entered: 01/09/2023)
2023-01-1029ORDER: Defendant requests an extension of time to respond to the complaint. ECF No. 24 . Although plaintiff does not consent, as it is defendant's first request, the request is granted and defendants shall respond to the complaint by March 8, 2023. See attached order. Ordered by Magistrate Judge Lois Bloom on 1/10/2023. (VP) (Entered: 01/10/2023)
2023-01-1130NOTICE OF INTERLOCUTORY APPEAL as to 29 Order on Motion for Extension of Time to Answer, by Darryl Carter. (VJ) (Entered: 01/11/2023)
2023-01-11Electronic Index to Record on Appeal sent to US Court of Appeals. 30 Notice of Interlocutory Appeal Documents are available via Pacer. For docket entries without a hyperlink or for documents under seal, contact the court and we'll arrange for the document(s) to be made available to you. (VJ) (Entered: 01/11/2023)
2023-03-0831ANSWER to 2 Complaint by U.S. Department of Justice. (Priore, Shana) (Entered: 03/08/2023)
2023-03-0932ORDER: The Court shall hold the initial conference in this pro se FOIA case on April 4, 2023, at 10:30 a.m. in Courtroom 11A South of the United States Courthouse, 225 Cadman Plaza East, Brooklyn, New York. No planning conference pursuant to Rule 26(a) shall be required at this time. Parties are advised that they must contact each other before making any request for an adjournment to the Court. Any request for an adjournment must be electronically filed with the Court at least seventy-two (72) hours before the scheduled conference. Ordered by Magistrate Judge Lois Bloom on 3/9/2023. See attached Order. Ordered by Magistrate Judge Lois Bloom on 3/9/2023. (VP) (Entered: 03/09/2023)
2023-03-1933MOTION for Preliminary Injunction with Memo., Points and Authorities, Declartion In Support, Proposed Order-Granting Preliminary Injunction w/Certificate of Service, by Darryl Carter. (ML) (Entered: 03/20/2023)
2023-03-2934First MOTION to Stay re 33 MOTION for Preliminary Injunction with Memo., Points and Authorities, Declartion In Support, Proposed Order-Granting Preliminary Injunction w/Certificate of Service, Motion to Stay Defendant's Deadline to Respond to the Motion for a Preliminary Injunction, pending discussions at Initial Conference scheduled for April 4, 2023 by U.S. Department of Justice. (Priore, Shana) (Entered: 03/29/2023)
2023-03-3035Letter MOTION to Adjourn Initial Conference Scheduled for April 4, 2023 by Darryl Carter. (ML) (Entered: 03/30/2023)
2023-03-3136Letter in Response to Plaintiff's March 30, 2023 communication to the Court (Dkt. 34) by U.S. Department of Justice (Attachments: # 1 Exhibit Carter Email) (Priore, Shana) (Entered: 03/31/2023)
2023-04-0337ORDER: Plaintiff moves to adjourn the April 4, 2023 initial conference because "the scheduled conference [is] merely perfunctory at best and at worst an attempt to strong-arm plaintiff...." ECF No. 35 at 2. Initial conferences are governed by Rule 16 of the Federal Rules of Civil Procedure and are routinely held by the Court to set the schedule for litigation. Plaintiff's request to adjourn the conference is denied. This is plaintiff's case to vindicate his rights. The Court shall hold the April 4, 2023 conference at 10:30 a.m. in Courtroom 11A as scheduled. See attached Order. Ordered by Magistrate Judge Lois Bloom on 4/3/2023. (IK) (Entered: 04/03/2023)
2023-04-0438PLAINTIFF'S NOTICE OF FIRST AMENDMENT IRREPARABLE HARM VIA TARGETED EMAIL ATTACKS PER OUTSTANDING MOTION FOR PRELIMINARY INJUNCTION filed by Darryl C. Carter. (Recv'd-Pro Se-Box.com on 3/28/2023). (ML) (Entered: 04/04/2023)
2023-04-0439Letter dtd. 3/31/2023 from Pltff. Darryl C. Carter to Mag. Judge Bloom in Response to Defendant's 36 letter response to his 35 letter requesting adjournment of the initial conference scheduled April 4, 2023 at 10:30 a.m. (w/Cert. of service). (Pro se Box.com date: 3/31/2023). (ML) (Entered: 04/04/2023)
2023-04-04Minute Entry for proceedings held before Magistrate Judge Lois Bloom: Initial Conference Hearing held on 4/4/2023. (FTR Log #10:35-11:12.) (VP) (Entered: 04/04/2023)
2023-04-0440ORDER: The Court held the initial conference in plaintiff's FOIA case on April 4, 2023. The Court shall hold another conference by telephone on May 1, 2023 at 2:30 p.m. The parties shall call the Chambers telephone conference line at (888) 363-4734 and use the access code 4444221 promptly at 2:30 p.m. on May 1, 2023. See attached Order. Ordered by Magistrate Judge Lois Bloom on 4/4/2023. (VP) (Entered: 04/04/2023)
2023-04-04ORDER: Defendant's motion 34 to stay briefing concerning Plaintiff's motion for a preliminary injunction is DENIED as moot. Defendant shall file an opposition to Plaintiff's motion no later than April 18, 2023. Plaintiff shall file his reply, if any, no later than May 2, 2023. The Clerk of Court is respectfully directed to mail a copy of this order to the pro se Plaintiff. Ordered by Judge LaShann DeArcy Hall on 4/4/2023. (JW) (Entered: 04/04/2023)
2023-04-1041TRANSCRIPT of Proceedings held on April 4, 2023, before Judge Bloom. Court Transcriber: Transcriptions Plus II, Inc.. Email address: RL.Transcriptions2@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 5/1/2023. Redacted Transcript Deadline set for 5/11/2023. Release of Transcript Restriction set for 7/10/2023. (RC) (Entered: 04/10/2023)
2023-04-1842MEMORANDUM in Opposition re 33 MOTION for Preliminary Injunction with Memo., Points and Authorities, Declartion In Support, Proposed Order-Granting Preliminary Injunction w/Certificate of Service, filed by U.S. Department of Justice. (Attachments: # 1 Declaration of AUSA Shana Priore, # 2 Priore Decl Ex A, # 3 Priore Decl Ex B, # 4 Priore Decl Ex C, # 5 Priore Decl Ex D, # 6 Bender Declaration, # 7 Bender Decl Exhibits, # 8 Cover Letter Enclosing Defendant's Submissions Sent to Plaintiff's Address) (Priore, Shana) (Entered: 04/18/2023)
2023-04-1843Plaintiff's REPLY In Opposition To Defendant's 42 Memorandum in Opposition To Plaintiff's 33 Motion For Preliminary Injunction filed by Darryl Carter. (ML) (Entered: 04/24/2023)
2023-04-2644Letter dtd. 4/24/23 from Darryl C. Carter to Brenna Mahoney, Clerk of Court, requesting the noting of receipt of deft's U.S.P.S mail with respect to doc. entry 42 . (ML) (Entered: 04/26/2023)
2023-05-01Minute Entry for proceedings held before Magistrate Judge Lois Bloom: Telephone Conference held on 5/1/2023 (AT&T Log #: 2:33 - 2:45). (IK) (Entered: 05/01/2023)
2023-05-0846Letter dtd. 5/4/23 from Darryl C. Carter to Judge DeArcy Hall re "Emergency Communication". (ML) (Entered: 05/11/2023)
2023-05-0945MOTION for Leave to File Document (Plaintiff's Administrative Motion For An Order On CM/ECF Filing w/Affidavit In Support/Certificate of Service) by Darryl Carter. (ML) (Entered: 05/11/2023)
2023-05-1247ORDER: Plaintiff requests that the Court grant him permission to file documents via the Electronic Case Filing ("ECF") System. ECF No. 45. Plaintiff's request is denied as ECF filing is generally limited to admitted attorneys. The Court notes that plaintiff already receives electronic notification of documents filed with the Court. Plaintiff also moves to amend the caption in this case. The request is granted. The Clerk of Court is respectfully directed to amend the caption to reflect plaintiff's correct name: Darryl C. Carter. See attached Order. Ordered by Magistrate Judge Lois Bloom on 5/12/2023. (IK) (Entered: 05/12/2023)
2023-05-2248MANDATE of USCA as to 30 Notice of Interlocutory Appeal filed by Darryl C. Carter. It is hereby ORDERED that the appeal is DISMISSED. Issued as Mandate: 5/22/2023. USCA# 23-49. (VJ) (Entered: 05/22/2023)
2023-05-2449Mail sent to Darryl C. Carter Returned as Undeliverable: Order dated 5/12/2023 along w/ Pro Se Electronic Notice Consent Form Darryl C. Carter-"RTS". (ML) (Entered: 05/24/2023)
2023-05-2650Plaintiff's Second NOTICE Of Docketing Issues Notwithstanding docket no. 47 Order filed by pro se pltff. Darryl C. Carter. (ML) (Entered: 05/26/2023)
2023-07-0951NOTICE of Change of email address dtd. 7/9/23 filed by Darryl C. Carter. Docket updated. (ML) (Entered: 07/11/2023)
2023-07-11Email Notification Test - DO NOT REPLY (ML) (Entered: 07/11/2023)
2023-07-1852Letter MOTION for Leave to File Document (To The District Court Appealing Mag. Judge's Order, dkt. # 47 w/Memo. In Support/Declaration/w/Exhibits), filed by Darryl C. Carter. (ML) (Entered: 07/18/2023)
2023-08-10ORDER: Plaintiff seeks to appeal Magistrate Judge Lois Bloom's May 12, 2023 Order denying Plaintiff's non-dispositive motion to file documents on ECF. An order on a non-dispositive motion is reviewed for clear error and is highly deferential to the magistrate judge, as reversal is appropriate only if their discretion is abused. See McNamee v. Clemens , No. 9-CV-1647, 2014 WL 1338720, at *2 (E.D.N.Y. Apr. 2, 2014). Accordingly, this Court reviews Judge Bloom's order for abuse of discretion. See Grief v. Nassau County , 246 F. Supp. 3d 560, 564 (E.D.N.Y. 2017) (Under Rule 72, the heavy burden of proof lies with the moving party, and the highly deferential standard only permits reversal where the magistrate judge abused her discretion (quotations and citations omitted)). See also Ahmed v. T.J. Maxx Corp. , 103 F. Supp. 3d 343, 350 (E.D.N.Y. 2015) (This standard is highly deferential, imposes a heavy burden on the objecting party, and only permits reversal where the magistrate judge abused his discretion.) Plaintiff fails to show that such an abuse of discretion occurred here. Accordingly, Plaintiff's motion 52 , requesting leave to appeal Judge Bloom's May 12, 2023 Order is DENIED. Ordered by Judge LaShann DeArcy Hall on 8/10/2023. (CG) (Entered: 08/10/2023)
2023-08-2553NOTICE of Appearance by Dara A Olds on behalf of U.S. Department of Justice (aty to be noticed) (Olds, Dara) (Entered: 08/25/2023)
2023-08-2554MOTION to Withdraw as Attorney by U.S. Department of Justice. (Priore, Shana) (Entered: 08/25/2023)
2023-08-28ORDER: Defendant's counsel's motion to withdraw, ECF No. 54 , is granted. The Clerk of Court is respectfully directed to terminate Shana Priore from the docket. Ordered by Magistrate Judge Lois Bloom on 8/28/2023. (VP) (Entered: 08/28/2023)
2023-09-2655MOTION for Leave to File Document (FOR AN ORDER ON MOTION FOR PRELIMINARY INJUNCTION) by Darryl C. Carter. (Attachments: # 1 Memorandum in Support, # 2 Declaration) (ML) (Entered: 10/02/2023)
2023-09-2656MOTION for Leave to File Document (PLAINTIFF'S MOTION FOR AN ORDER SHORTENING TIME) by Darryl C. Carter. (Attachments: # 1 Declaration, # 2 Proposed Order) (ML) (Entered: 10/02/2023)
2024-01-1257MANDATE of USCA as to 30 Notice of Interlocutory Appeal filed by Darryl C. Carter. It is hereby ORDERED that the IFP motion is GRANTED for the purpose of filing the mandamus petition. It is further ORDERED that the mandamus petition is DENIED because Petitioner has not demonstrated that he lacks an adequate alternative means of obtaining relief, that his right to the writ is clear and indisputable, and that granting the writ is appropriate under the circumstances. See Cheney v. U.S. Dist. Ct. for D.C., 542 U.S. 367, 38081 (2004). Issued as Mandate: 1/12/2024. USCA# 23-1056. (VJ) (Entered: 01/16/2024)
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