Case Detail

FOIA Project Annotation: A federal court in Connecticut has ruled that the FBI conducted an adequate search for records concerning alleged phone calls made by Russell Peeler that might provide evidence to challenge his state murder conviction. Peeler challenged the validity of certain phone calls that were part of his state trial. He requested records from the FBI concerning any phone calls to his number that had been collected as the result of a subpoena issued to AIMS Communications, Peeler's phone carrier. The agency indicated it had records responsive to the subpoena, but a more detailed search concluded that none of the records contained calls to Peeler's phone number. The court indicated that "the [file] pertaining to this investigation [involving AIMS Communications] lists various subpoenas. There is no indication that every subpoena listed [in the file] was served, however, or that records were received in response to every subpoena that was served." The court noted that "the FBI searched the plaintiff's file, including all other related subfiles, by hand but could not locate any records relating to his pager number from January 1999. Thus, the FBI reported that no records were found." The court pointed out that "the plaintiff's unsupported belief that records must have been received in response to the AIMS Communications subpoena is insufficient to render the search inadequate."
Issues: Adequacy - Search

Date Filed	Doc #	Docket Text
2015-02-04	1	PRISCS - COMPLAINT against Federal Bureau of Investigation, filed by Russell Peeler. (Basha, D.) (Entered: 02/09/2015)
2015-02-04	2	PRISCS - MOTION for Leave to Proceed in forma pauperis by Russell Peeler. (Attachments: # 1 Trust Account Statement). (Basha, D.) (Entered: 02/09/2015)
2015-02-04	3	PRISCS - STANDING PROTECTIVE ORDER Signed by Judge Robert N. Chatigny on 2/4/15.(Basha, D.) (Entered: 02/09/2015)
2015-02-04	4	PRISCS - ELECTRONIC FILING ORDER - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER Signed by Judge Robert N. Chatigny on 2/4/2015.(Basha, D.) (Entered: 02/09/2015)
2015-02-04	5	PRISCS - STANDING ORDER ON PRISONER ELECTRONIC FILING PROGRAM Signed by Judge Alvin W. Thompson on 2/4/2015. (Basha, D.) (Entered: 02/09/2015)
2015-02-04		Docket Entry Correction re: 3 PRISCS - STANDING PROTECTIVE ORDER to enter the correct Judge. (Basha, D.) (Entered: 02/13/2015)
2015-02-11	6	ELECTRONIC ORDER granting 2 Motion for Leave to Proceed in forma pauperis. If you change your address at any time during the litigation of this case, Local Rule 83.1(c)2 provides that you must notify the court. Failure to do so can result in dismissal of your case. Signed by Judge Holly B. Fitzsimmons on 2/11/2015. (Payton, R.) (Entered: 02/11/2015)
2015-02-12	7	INITIAL REVIEW ORDER Discovery due by 9/13/2015 Dispositive Motions due by 10/13/2015 Signed by Judge Robert N. Chatigny on 2/12/2015.(Payton, R.) (Entered: 02/12/2015)
2015-02-17	8	ELECTRONIC SUMMONS ISSUED in accordance with Fed. R. Civ. P. 4 and LR 4 as to *Federal Bureau of Investigation* with answer to complaint due within *60* days. *Russell Peeler # 25490* *Northen Correctional Institution* *287 Bilton Rd. - P.O Box 665* *Somers, CT 06071*. (Payton, R.) (Entered: 02/17/2015)
2015-02-17		USM 285 forms together with Summons, Complaint, Order granting IFP reviewed and sent to USM for service on defendant(s).Marshals Return of Service on Summons due by 3/9/2015 (Payton, R.) (Entered: 02/17/2015)
2015-04-07	9	NOTICE of Appearance by Alan M. Soloway on behalf of Federal Bureau of Investigation (Soloway, Alan) (Entered: 04/07/2015)
2015-04-07	10	MOTION for Extension of Time until June 2, 2015 File Motion or Answer by Federal Bureau of Investigation. (Soloway, Alan) (Entered: 04/07/2015)
2015-04-07	11	EXHIBIT by Federal Bureau of Investigation. (Attachments: # 1 Affidavit Declaration in Support)(Soloway, Alan) (Entered: 04/07/2015)
2015-04-08	12	ORDER granting 10 Motion for Extension of Time to 6/2/2015 to respond to plaintiff's complaint. Signed by Judge Robert N. Chatigny on 4/8/2015. (Rickevicius, L.) (Entered: 04/08/2015)
2015-04-08		Answer deadline updated for Federal Bureau of Investigation to 6/2/2015. (Rickevicius, L.) (Entered: 04/08/2015)
2015-04-17	13	SUMMONS Returned Executed FBI Served 4/2/2015 answer due 6/2/2015 by Russell Peeler. (Malone, P.) (Entered: 04/21/2015)
2015-05-06	14	AMENDED COMPLAINT against Federal Bureau of Investigation, filed by Russell Peeler. (Sundie, T) (Entered: 05/07/2015)
2015-05-28	15	MOTION for Summary Judgment by Federal Bureau of Investigation.Responses due by 6/18/2015 (Attachments: # 1 Memorandum in Support For Motion for Summary Judgment, # 2 Exhibit Hardy Declaration, # 3 Exhibit Exhibits to Hardy Declaration, # 4 Exhibit 56(a)(1) Statement, # 5 Exhibit 56b Statement, # 6 Exhibit Rule 56 and 6, # 7 Exhibit Judge Meyer Decision)(Soloway, Alan) (Entered: 05/28/2015)
2015-06-09	16	MOTION for Extension of Time until 30 days to respond to the motion of summary judgment, MOTION to instruct defendants to yield a hard copy of their summary judgment (Responses due by 6/30/2015) by Russell Peeler. (Sundie, T) (Entered: 06/09/2015)
2015-06-10	17	RESPONSE re 16 MOTION for Extension of Time until 30 days respond to the motion of summary judgment MOTION to instruct defendants to yield a hard copy of their summary judgment filed by Federal Bureau of Investigation, Scanning Program - Northern. (Soloway, Alan) (Entered: 06/10/2015)
2015-06-10	18	ORDER granting 16 Motion for Extension of Time to 7/18/2015 to respond to Defendant's Motion for Summary Judgment. The Government will provide the plaintiff with a hard copy of the Motion for Summary Judgment pursuant to Paragraph 7 of the Standing Order of the Prisoner Electronic Filing Program. Signed by Judge Robert N. Chatigny on 6/10/2015. (Rickevicius, L.) (Entered: 06/10/2015)
2015-06-10	19	Set/Reset Deadlines as to 15 MOTION for Summary Judgment . Responses due by 7/18/2015. (Rickevicius, L.) (Entered: 06/10/2015)
2015-07-08	20	MOTION for Extension of Time Until 21 Days from the Time Defendant Makes Adjustment to Summary Judgment to Respond to 15 MOTION for Summary Judgment, MOTION to Commission Defendant to Repair Error to Summary Judgment (Responses due by 7/29/2015) by Russell Peeler. (Sundie, T) (Entered: 07/08/2015)
2015-07-16	21	ORDER granting 20 Motion for Extension of Time. Plaintiff seeks 21 days "from the time Defendant Makes Adjustment to Summary Judgment to Respond to 15 MOTION for Summary Judgment, MOTION to Commission Defendant to Repair Error to Summary Judgment." No adjustment to the Motion for Summary Judgment will be made at this time. Therefore, the plaintiff is directed to respond on or before 8/6/2015. So ordered. Signed by Judge Robert N. Chatigny on 7/16/2015. (Rickevicius, L.) (Entered: 07/16/2015)
2015-07-16	22	Set/Reset Deadlines as to 15 MOTION for Summary Judgment . Responses due by 8/6/2015. (Rickevicius, L.) (Entered: 07/16/2015)
2015-08-05	23	OBJECTION re 15 MOTION for Summary Judgment filed by Russell Peeler. (Attachments: # 1 Memorandum of Law, # 2 Local Rule 56(a), # 3 Declaration, # 4 Exhibits A-B, # 5 Exhibits C-H, # 6 Exhibits I-J, # 7 Exhibits K-X) (Sundie, T) (Entered: 08/06/2015)
2015-10-07	24	AFFIDAVIT Signed By Dennis Hardy filed by Federal Bureau of Investigation. (Attachments: # 1 Declaration in Support)(Soloway, Alan) (Additional attachment(s) added on 10/21/2015: # 2 Declaration in Support) (Sundie, T). (Additional attachment(s) added on 10/21/2015: # 3 REPLACEMENT PDF) (Walker, J.). (Entered: 10/07/2015)
2015-10-16	25	MOTION for Order re: Motion to Dismiss by Russell Peeler. (Payton, R.) (Entered: 10/20/2015)
2015-10-21	26	ORDER denying without prejudice 25 Motion for Order re. Motion to Dismiss. There is no pending motion to dismiss in this case. If necessary, plaintiff can re-file his motion to further clarify his request. Signed by Judge Robert N. Chatigny on 10/21/2015. (Panchenko, I) (Entered: 10/21/2015)
2015-10-21	27	ENTERED IN ERROR: Docket Entry Correction re 24 Affidavit; added corrected PDF. (Sundie, T) Modified on 10/21/2015 (Sundie, T). (Entered: 10/21/2015)
2015-10-21	28	Docket Entry Correction re 24 Affidavit - replacement pdf added. (Walker, J.) (Entered: 10/21/2015)
2015-10-23	29	MOTION imploring the Court to restrict the defense from adding their supplemental clarifying declaration by Russell Peeler. Responses due by 11/13/2015. (Sundie, T) (Entered: 10/27/2015)
2016-02-01	30	ORDER OF TRANSFER. Case reassigned to Judge Dominic J. Squatrito for all further proceedings. Signed by Judge Robert N. Chatigny on 2/1/16.(Walker, J.) (Entered: 02/01/2016)
2016-02-23	31	ORDER granting 15 Motion for Summary Judgment. Signed by Judge Dominic J. Squatrito on 2/23/16. (Glynn, T.) (Entered: 02/23/2016)
2016-02-23	32	ORDER denying 29 Motion. The Court accepts the defendant FBI's representation that the Second Declaration of David M. Hardy simply "correct[s] an inadvertent clerical error contained in [his] first declaration." (doc. # 24-3, at 1). Signed by Judge Dominic J. Squatrito on 02/23/2016. (Ring, T.) (Entered: 02/23/2016)
2016-02-23	33	JUDGMENT entered in favor of Federal Bureau of Investigation against Russell Peeler. For Appeal Forms please go to the following website: http://www.ctd.uscourts.gov/forms/all-forms/appeals_forms Signed by Clerk on 2/23/16.(Glynn, T.) (Entered: 02/23/2016)
2016-02-23		JUDICIAL PROCEEDINGS SURVEY: The following link to the confidential survey requires you to log into CM/ECF for SECURITY purposes. Once in CM/ECF you will be prompted for the case number. Although you are receiving this survey through CM/ECF, it is hosted on an independent website called SurveyMonkey. Once in SurveyMonkey, the survey is located in a secure account. The survey is not docketed and it is not sent directly to the judge. To ensure anonymity, completed surveys are held up to 90 days before they are sent to the judge for review. We hope you will take this opportunity to participate, please click on this link: https://ecf.ctd.uscourts.gov/cgi-bin/Dispatch.pl?survey (Glynn, T.) (Entered: 02/23/2016)
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