Case Detail

FOIA Project Annotation: A federal court in Arkansas has accepted the magistrate judge's recommendation finding that Jessie Carter failed to show he had exhausted administrative remedies as to two FOIA requests he made the Department of Agriculture. However, the court disagreed that Carter had failed to exhaust his administrative as to a third request, finding instead that there was no indication that agency had ever responded.
Issues: Litigation - Jurisdiction - Failure to Exhaust

FOIA Project Annotation: A federal court in Arkansas has ruled that the Food Nutrition Service has shown that it does not keep records of when a participating local organization which has lost its eligibility to participate in the food distribution program becomes eligible again. The court had previously told the agency to provide the information to Jessie Carter, even though the agency insisted it did not have such data. This time, the court agreed, noting that "Defendants have provided an affidavit attesting to the fact that they do not maintain records of specific dates upon which disqualified entities again become eligible to participate in agency programs. Furthermore, Defendants have informed Plaintiff of the process by which they determine eligibility dates. Although Plaintiff has cited a previous instance in which Defendants were able to provide specific eligibility dates, that does not necessarily mean Defendants maintain records of such dates."
Issues: Litigation - Jurisdiction - Failure to State a Claim

Date Filed	Doc #	Docket Text
2016-06-07	1	COMPLAINT against USDA, Jennifer Weatherly-USDA FOI Officer, filed by Jessie Carter.(cnn) (Entered: 06/07/2016)
2016-06-07	2	MOTION for Leave to Proceed in forma pauperis and MOTION for Service by Jessie Carter. (cnn) (Entered: 06/07/2016)
2016-06-07	3	Magistrate Notice/Consent Furnished (cnn) (Entered: 06/07/2016)
2016-06-07		MOTIONS REFERRED: 2 MOTION for Leave to Proceed in forma pauperis and MOTION for Service. Motions referred to Honorable Barry A. Bryant.(cnn) (Entered: 06/07/2016)
2016-06-20	4	ORDER granting 2 Motion for Leave to Proceed in forma pauperis. Signed by Honorable Barry A. Bryant on June 20, 2016. (mll) (Entered: 06/20/2016)
2016-06-20	5	REPORT AND RECOMMENDATIONS re 1 Complaint filed by Jessie Carter. Objections to R&R due by 7/8/2016. Signed by Honorable Barry A. Bryant on June 20, 2016. (mll) (Entered: 06/20/2016)
2016-07-07	6	OBJECTION to 5 Report and Recommendations by Jessie Carter. (cnn) (Entered: 07/07/2016)
2016-07-14	7	ADDENDUM by Jessie Carter to 6 Objection to Report and Recommendations.. (cnn) (Entered: 07/14/2016)
2016-09-30	8	ORDER adopting in part Report and Recommendations re 5 ; ORDER REFERRING CASE to Honorable Barry A. Bryant re Motion for Service as it relates to FOIA appeal #2015-FNS-00207-A. Signed by Honorable Susan O. Hickey on September 30, 2016. Motions referred to Honorable Barry A. Bryant.(cnn) (Entered: 09/30/2016)
2016-10-06	9	ORDER granting 2 Motion to proceed IFP and for Service; DIRECTING THE MARSHALS SERVICE TO SERVE USDA and granting 60 days to answer. Signed by Honorable Barry A. Bryant on October 6, 2016. (cc: U.S. Marshals Service)(cnn) (Entered: 10/06/2016)
2016-10-06	10	THE DOCUMENT IS RESTRICTED TO COURT USERS. Summons Issued as to USDA, U.S. Attorney and USM285 Form(s) Delivered to USMS for each defendant for whom summons was issued with the following documents attached: re 1 Complaint, 9 Order Directing Service, 3 Magistrate Notice/Consent. (cnn) (Entered: 10/06/2016)
2016-10-25	11	USM 285/SUMMONS Returned Executed by Jessie Carter. USDA served on 10/13/2016, answer due 12/12/2016. (cnn) (Entered: 10/25/2016)
2016-10-25		DOCKET ANNOTATION OF MAILING: A copy of the following document(s) 11 Summons Returned Executed as to USA was/were mailed to non-ECF Case Participant(s) Jessie Carter on 10/25/2016. (cnn) (Entered: 10/25/2016)
2016-11-01	12	USM285 Form Received from USMS service of documents on USDA/Washington DC 10/21/16 re 1 Complaint, 10 Summons Issued as to USA, 9 Order Directing Service. (cnn) (Entered: 11/01/2016)
2016-11-01		DOCKET ANNOTATION OF MAILING: A copy of the following document(s) 12 USM285 Form Received from USMS was/were mailed to non-ECF Case Participant(s) Jessie Carter on 11/1/2016. (cnn) (Entered: 11/01/2016)
2016-12-09	13	MOTION for Extension of Time to File Answer re 1 Complaint by USDA, Jennifer Weatherly. Motions referred to Barry A. Bryant.(Webb, Mark) (Entered: 12/09/2016)
2016-12-13	14	ORDER granting 13 Motion for Extension of Time to Answer; answer due 1/13/2017. Signed by Honorable Barry A. Bryant on December 13, 2016. (cnn) (Entered: 12/13/2016)
2016-12-13		DOCKET ANNOTATION OF MAILING: A copy of the following document(s) 14 Order on Motion for Extension of Time to Answer was/were mailed to non-ECF Case Participant(s) Jessie Carter on 12/13/2016. (cnn) (Entered: 12/13/2016)
2017-01-13	15	MOTION to Dismiss Case by USDA, Jennifer Weatherly. (Attachments: # 1 Exhibit Weatherly E-mail)Motions referred to Barry A. Bryant.(Webb, Mark) (Entered: 01/13/2017)
2017-01-27	16	RESPONSE to Motion re 15 MOTION to Dismiss Case filed by Jessie Carter. (cnn) (Entered: 01/27/2017)
2017-01-27		DOCKET ANNOTATION OF MAILING: A copy of the following document(s) 16 Response to Motion was/were returned by hand to non-ECF Case Participant(s) Jessie Carter on 1/27/2017. (conventionally filed in person) (cnn) (Entered: 01/27/2017)
2017-02-03	17	REPLY to Response to Motion re 15 MOTION to Dismiss Case filed by USDA, Jennifer Weatherly. (Attachments: # 1 Exhibit Declaration of Jennifer Weatherly)(Webb, Mark) (Entered: 02/03/2017)
2017-02-07	18	MEMORANDUM BRIEF in Support of 16 Response to Motion to Dismiss by Jessie Carter. (cnn) (Entered: 02/07/2017)
2017-02-07		DOCKET ANNOTATION OF MAILING: A copy of the following document(s) 18 Memorandum Brief in Support was/were returned by hand to non-ECF Case Participant(s) Jessie Carter on 2/7/2017. (conventionally filed in person) (cnn) (Entered: 02/07/2017)
2017-02-24	19	SUPPLEMENT by Defendants USDA, Jennifer Weatherly to 17 Reply to Response to Motion . (Attachments: # 1 Exhibit Supplemental Declaration of Jennifer Weatherly)(Webb, Mark) (Entered: 02/24/2017)
2017-03-16	20	REPORT AND RECOMMENDATIONS re 15 MOTION to Dismiss Case filed by Jennifer Weatherly, USDA. Objections to R&R due by 4/3/2017. Signed by Honorable Barry A. Bryant on March 16, 2017. (cnn) (Entered: 03/16/2017)
2017-03-16		DOCKET ANNOTATION OF MAILING: A copy of the following document(s) 20 Report and Recommendations was/were mailed to non-ECF Case Participant(s) Jessie Carter on 3/16/2017. (cnn) (Entered: 03/16/2017)
2017-03-29	21	OBJECTION to 20 Report and Recommendations by Jessie Carter. (cnn) (Entered: 03/29/2017)
2017-03-29		DOCKET ANNOTATION OF MAILING: A copy of the following document(s) 21 Objection to Report and Recommendations was/were hand delivered to non-ECF Case Participant(s) Jessie Carter on 3/29/2017. (cnn) (Entered: 03/29/2017)
2017-04-11	22	ADDENDUM by Jessie Carter to 21 Objection to Report and Recommendations (cnn) (Entered: 04/12/2017)
2017-04-11		DOCKET ANNOTATION OF MAILING: A copy of the following document(s) 22 Addendum was/were hand delivered to non-ECF Case Participant(s) Jessie Carter on 4/11/2017. (cnn) (Entered: 04/12/2017)
2017-06-05	23	ORDER declining to adopt 20 Report and Recommendations; see order for further specifics. Signed by Honorable Susan O. Hickey on June 5, 2017. (cnn) (Entered: 06/05/2017)
2017-06-05		DOCKET ANNOTATION OF MAILING: A copy of the following document(s) 23 Order on Report and Recommendations was/were mailed to non-ECF Case Participant(s) Jessie Carter on 6/5/2017. (cnn) (Entered: 06/05/2017)
2017-06-26	24	Amended MOTION to Dismiss by USDA, Jennifer Weatherly. (Attachments: # 1 Exhibit Supplemental Declaration)(Webb, Mark) (Entered: 06/26/2017)
2017-07-10	25	RESPONSE to Motion re 24 Amended MOTION to Dismiss filed by Jessie Carter. (cnn) (Entered: 07/10/2017)
2017-07-10		DOCKET ANNOTATION OF MAILING: A copy of the following document(s) 25 Response to Motion was/were hand delivered to non-ECF Case Participant(s) Jessie Carter on 7/10/2017. (cnn) (Entered: 07/10/2017)
2017-09-13	26	ORDER granting 24 Amended Motion to Dismiss; case dismissed as moot. Signed by Honorable Susan O. Hickey on September 13, 2017. (cnn) (Entered: 09/13/2017)
Hide Docket Events