Case Detail

FOIA Project Annotation: A federal court in Ohio has ruled that prisoner Orlando Carter has not shown that EOUSA received his FOIA request sent to the U.S. Attorney's Office in Cincinnati for records concerning his conviction. Carter sent his request certified, but when he filed suit after the agency failed to respond, the agency told the court it had no record of receiving the request. Carter produced a copy of the certified mail receipt, but the court noted that Carter had chosen not to get a return receipt. Carter argued that tracking information on the U.S. Postal Service's website indicated his letter had been delivered. The court, however, noted that "this is insufficient to establish that the agency actually received plaintiff's request. The tracking information shows only that the item was delivered to somewhere in 'Cincinnati, OH 45202,' not the specific address of the Cincinnati office of the United States Attorney."
Issues: Request - Receipt

FOIA Project Annotation: A federal court in Ohio has ruled that Orlando Carter failed to exhaust his administrative remedies by sending his FOIA request for records concerning his conviction on fraud to the Office of the U.S. Attorney in Cincinnati rather than to the Executive Office for U.S. Attorneys in Washington as required by the agency's FOIA regulations. Carter sent his request by certified mail and after the agency failed to respond, he filed suit, arguing that the return receipt for his letter indicated the Cincinnati office had received his request and failed to respond. The agency contended that Carter had failed to exhaust his administrative remedies by not sending his request to its Washington headquarters. The court rejected the magistrate judge's finding that the burden to prove receipt was on Carter, but dismissed his suit regardless after finding he had sent the request to the wrong office. The court rejected Carter's claim that the agency was required to forward misdirected requests, noting that "the plain language of the regulation only applies to Department of Justice components (e.g., the Executive Office for United States Attorneys), and the Cincinnati USAO has not been designated as a component. Similarly, inter-component 'referrals' are premised on the notion that a designated component receives the FOIA request in the first place." The court pointed out that "because the face of Plaintiff's Verified Complaint shows that his February 8, 2016 request was sent to the Cincinnati USAOâ€"not the Department of Justice component in Washington, D.C.â€"the time limits within which the government must respond have not yet been triggered."
Issues: Request - Receipt

Date Filed	Doc #	Docket Text
2016-05-06	1	MOTION for Leave to Proceed in forma pauperis by Plaintiff Orlando Carter, r. (Attachments: # 1 Complaint, # 2 Summons Form, # 3 Civil Cover Sheet) (eh) (Entered: 05/06/2016)
2016-05-09		***If this case is referred, it will be to Magistrate Judge Karen L. Litkovitz. (jee) (Entered: 05/09/2016)
2016-05-13	2	ORDER granting 1 Motion for Leave to Proceed in forma pauperis and Ordering the collection of the full filing fee. Signed by Magistrate Judge Karen L. Litkovitz on 5/12/2016. (jee)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) (Entered: 05/13/2016)
2016-05-13	3	COMPLAINT against United States Attorney's Office, United States of America, filed by Orlando Carter, r. (jee) (Entered: 05/13/2016)
2016-05-13	4	ORDER - It is Ordered that the United States Marshal shall serve a copy of the complaint, summons, and this order upon defendants as directed by plaintiff. Signed by Magistrate Judge Karen L. Litkovitz on 5/12/2016. (jee)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) (Entered: 05/13/2016)
2016-05-13	5	Summons Issued as to United States Attorney's Office, United States of America, and U.S. Attorney General and sent to US Marshals along with USM285, complaint, and order for service. (jee) (Entered: 05/13/2016)
2016-06-02	6	SUMMONS Returned Executed as to Defendant United States of America, U.S. Attorney's Office, U.S. Department of Justice. United States Attorney's Office served on 5/23/2016, answer due 7/22/2016. (jee) (Entered: 06/02/2016)
2016-06-07	7	SUMMONS Returned Executed as to Defendant United States of America. United States of America served on 5/31/2016, answer due 8/1/2016. (jee) (Entered: 06/07/2016)
2016-06-09	8	MOTION to Dismiss for Lack of Jurisdiction by Defendant United States Attorney's Office. Responses due by 7/5/2016 (Attachments: # 1 Declaration) (Pantel, Nicholas) (Entered: 06/09/2016)
2016-06-09	9	MOTION to Amend/Supplement Original 3 Complaint and, MOTION for Order Requiring Defendant's Response Within 30 Days Pursuant to Title 5 U.S.C. 552(a)(4)(C). ( Responses due by 7/5/2016) by Plaintiff Orlando Carter, r. (Attachments: # 1 Amendment/Supplement to Complaint) (jee) (Entered: 06/09/2016)
2016-06-30	10	DECLARATION by Plaintiff Orlando Carter. (Attachments: # 1 Exhibits) (jee) (Entered: 06/30/2016)
2016-06-30	11	Emergency MOTION for Temporary Restraining Order and Preliminary Injunction and Request for an Emergency Hearing by Plaintiff Orlando Carter, r. Responses due by 7/25/2016 (jee) (Entered: 06/30/2016)
2016-06-30	12	RESPONSE in Opposition re 8 MOTION to Dismiss for Lack of Jurisdiction filed by Plaintiff Orlando Carter, r. (jee) (Entered: 06/30/2016)
2016-08-11	13	MOTION for Order to Show Cause re 11 Temporary Restraining Order and Preliminary Injunction by Plaintiff Orlando Carter, r. Responses due by 9/6/2016. (jee) (Entered: 08/11/2016)
2016-08-16	14	REPORT AND RECOMMENDATION that defendants' 8 MOTION to Dismiss be Granted. Objections to R&R due by 9/2/2016. Signed by Magistrate Judge Karen L. Litkovitz on 8/16/2016. (art)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) (Entered: 08/16/2016)
2016-08-31	15	MOTION for Extension of Time by Plaintiff Orlando Carter, r. New date requested 9/23/2016. Responses due by 9/26/2016 (jee) (Entered: 08/31/2016)
2016-09-02	16	ORDER granting 15 Motion for Extension of Time. Plaintiff shall have up to and including September 23, 2016 to file his objections to the Magistrate Judges 14 Report and Recommendation. Signed by Judge Michael R. Barrett on 9/2/16. (eh)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) (Entered: 09/02/2016)
2016-09-08	17	OBJECTION to 14 Report and Recommendations by Plaintiff Orlando Carter, r. (eh) (Entered: 09/08/2016)
2016-09-14	18	MOTION for Declaratory Judgment and to Expedite Docket to Grant Relief Sought Herein, Pursuant to FRCP 57 and Title 28 USC 2201 by Plaintiff Orlando Carter, r. (eh) (Entered: 09/14/2016)
2016-09-23	19	MOTION for Preliminary Hearing by Plaintiff Orlando Carter, r. Responses due by 10/17/2016 (Attachments: # 1 Exhibit) (jee) (Entered: 09/23/2016)
2016-11-03	20	MOTION for Status Regarding Emergency Motion for A Temporary Restraining Order and Preliminary Injunction and MOTION for Order to Show Cause Regarding the Same by Plaintiff Orlando Carter, r.( Responses due by 11/28/2016), (jee) (Entered: 11/04/2016)
2016-12-21	21	NOTICE of Change of Address by Plaintiff Orlando Carter, r. (eh) (Entered: 12/21/2016)
2017-03-15	22	MOTION of Deception/Misrepresentation by the United States Attorneys Office/Request for Judicial Notice by Plaintiff Orlando Carter, r. (eh) (Entered: 03/15/2017)
2017-03-20	23	ORDER adopting Report and Recommendation re 14 Report and Recommendation granting 8 Motion to Dismiss for Lack of Jurisdiction; denying 9 Motion to Amend/Correct; finding as moot 11 Motion for TRO; finding as moot 13 Motion for Order to; finding as moot 18 Motion for Declaratory Judgment; finding as moot 18 Motion to Expedite; finding as moot 19 Motion for Hearing; finding as moot 20 Motion for Order to; finding as moot 20 Motion ; finding as moot 22 Motion. Signed by Judge Michael R. Barrett on 3/20/17. (ba)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) (Entered: 03/20/2017)
2017-03-20	24	CLERK'S JUDGMENT filed concurrently with 23 Order signed by Judge Michael R. Barrett on 3/20/17. (ba)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) (Entered: 03/20/2017)
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