Case Detail

FOIA Project Annotation: Judge Timothy Kelly has ruled that Eric Hunter Mathis's multiple requests to Georgia and federal agencies for records concerning why his bank accounts were frozen did not qualify as FOIA requests, except for those Hunter Mathis sent to the FBI, which conducted searches but found no records. Kelly initially dismissed Hunter Mathis's inclusion of the Middle District of Georgia and the American Red Cross in his suit since neither of them constituted agencies for purposes of FOIA. Turning to Hunter Mathis's claims against the IRS, the SEC, the SSA, and the Department of Defense, Kelly found that Hunter Mathis's requests to the IRS did not sufficiently describe records, that both SSA and DOD had shown that they searched for a request from Hunter Mathis but could not find one, and that Hunter Mathis's alleged requests to two Georgia banks did not provide a basis for suing the SEC. Addressing Hunter Mathis's claim against the FBI, Kelly observed that "the FBI searched [its] database three separate times for variations on Hunter Mathis's name, DOB, and SSN, and did not find any records. The court notes that this is not entirely surprising, given that Hunter Mathis is apparently incarcerated in state prison and nowhere does he allege that he was ever the subject of a federal investigation or prosecution."
Issues: Agency - Federal, Litigation - Jurisdiction - Failure to State a Claim

Date Filed	Doc #	Docket Text
2016-08-23	1	COMPLAINT against U.S. DEPARTMENT OF JUSTICE (Filing fee $ 0.00) filed by ERIC JEROME HUNTER MATHIS. (Attachments: # 1 Civil Cover Sheet)(jf) (Entered: 08/24/2016)
2016-08-23		SUMMONS Not Issued as to U.S. DEPARTMENT OF JUSTICE (jf) (Entered: 08/24/2016)
2016-08-23	2	MOTION for Leave to Proceed in forma pauperis by ERIC JEROME HUNTER MATHIS (jf) (Entered: 08/24/2016)
2016-08-23	3	PRISONER TRUST FUND ACCOUNT STATEMENT for period of six months by ERIC JEROME HUNTER MATHIS (jf) (Entered: 08/24/2016)
2016-08-23	4	MOTION to Appoint Counsel by ERIC JEROME HUNTER MATHIS (jf) (Entered: 08/24/2016)
2016-08-23	5	ORDER directing an initial partial filing fee in the amount of $0.00 from Prison Account of Eric Jerome Hunter Mathis and granting 2 MOTION for Leave to Proceed In Forma Pauperis (see order for full details). Signed by Judge Ketanji Brown Jackson on 08/19/2016. (jf) (Entered: 08/24/2016)
2016-08-31	6	SUMMONS (3) Issued as to U.S. DEPARTMENT OF JUSTICE, U.S. Attorney and U.S. Attorney General (md) (Entered: 08/31/2016)
2016-09-09	7	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 09/02/2016., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 9/2/2016. ( Answer due for ALL FEDERAL DEFENDANTS by 10/2/2016.) (jf) (Entered: 09/12/2016)
2016-09-23	8	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF JUSTICE served on 9/21/2016 (zrdj) (Entered: 09/26/2016)
2016-09-26	9	NOTICE of Appearance by Brian J. Field on behalf of All Defendants (Field, Brian) (Entered: 09/26/2016)
2016-09-26	10	MOTION for Extension of Time to Respond to Complaint by U.S. DEPARTMENT OF JUSTICE (Field, Brian) (Entered: 09/26/2016)
2016-09-27	11	AMENDED COMPLAINT against U.S. DEPARTMENT OF JUSTICE filed by ERIC JEROME HUNTER MATHIS.(jf) (Entered: 09/30/2016)
2016-10-04		MINUTE ORDER granting 10 defendant's Motion for Extension of Time. It is hereby ORDERED that the Motion is GRANTED. It is further ORDERED that defendant shall have up to and including November 2, 2016 to answer or otherwise respond to plaintiff's Amended Complaint. Signed by Judge Richard J. Leon on 10/4/2016. (lcrjl2, ) (Entered: 10/04/2016)
2016-10-05		Set/Reset Deadlines: Answer due by 11/2/2016. (tb) (Entered: 10/05/2016)
2016-10-17	12	RESPONSE re 10 MOTION for Extension of Time to Respond to Complaint filed by ERIC JEROME HUNTER MATHIS. (jf) (Entered: 10/19/2016)
2016-10-26	13	MOTION for Briefing Schedule by U.S. DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Field, Brian) (Entered: 10/26/2016)
2016-11-15	14	ORDER: It is hereby ordered that plaintiff's 4 Motion for Appointment of Counsel is DENIED. SEE ORDER FOR MORE DETAILS. Signed by Judge Richard J. Leon on 11/14/16. (tb) (Entered: 11/15/2016)
2016-11-29	15	ORDER: Upon consideration of the defendant's 13 Motion for Briefing Schedule; it is hereby ordered that the motion is GRANTED; and it further ordered that defendant shall file dispositive motion by 12/2/16. Plaintiff shall file response by 01/06/17. Defendant shall file reply by 02/06/17. Signed by Judge Richard J. Leon on 11/25/16. (tb) (Entered: 11/29/2016)
2016-11-29		Set/Reset Deadlines: Dispositive Motions due by 12/2/2016. Response to Dispositive Motions due by 1/6/2017. Reply to Dispositive Motions due by 2/6/2017. (tb) (Entered: 11/29/2016)
2016-12-01	16	MOTION to Dismiss and for Summary Judgment by U.S. DEPARTMENT OF JUSTICE (Attachments: # 1 Memorandum in Support, # 2 Declaration, # 3 Statement of Facts, # 4 Text of Proposed Order)(Field, Brian). Added MOTION for Summary Judgment on 12/2/2016 (znmw). (Entered: 12/01/2016)
2016-12-05	17	ORDER re 16 MOTION to Dismiss: It is hereby ordered that plaintiff shall respond to defendant's motion by 1/6/2017. If plaintiff fails to file a timely response, the Court may treat defendant's motion as conceded and, if the circumstances warrant, enter judgment for defendant or dismiss the Complaint. Signed by Judge Richard J. Leon on 12/03/16. (tb) (Entered: 12/06/2016)
2017-01-03	18	Memorandum in opposition to re 16 MOTION to Dismiss and for Summary Judgment filed by ERIC JEROME HUNTER MATHIS. (jf) (Entered: 01/04/2017)
2017-01-17	19	AMENDED COMPLAINT against U.S. DEPARTMENT OF JUSTICE filed by ERIC JEROME HUNTER MATHIS.(jf) (Entered: 01/23/2017)
2017-02-06	20	REPLY to opposition to motion re 16 MOTION to Dismiss and for Summary Judgment MOTION for Summary Judgment filed by U.S. DEPARTMENT OF JUSTICE. (Field, Brian) (Entered: 02/06/2017)
2017-03-27	21	MOTION to Appoint Counsel by ERIC JEROME HUNTER MATHIS (jf) (Entered: 03/29/2017)
2017-04-11	22	NOTICE by ERIC JEROME HUNTER MATHIS (td) (Entered: 04/14/2017)
2017-07-01	23	AMENDED COMPLAINT against U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF JUSTICE, U.S. DEPARTMENT OF TREASURY, UNITED STATES SECURITIES AND EXCHANGE COMMISSION, UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF GEORGIA, SOCIAL SECURITY ADMINISTRATION, AMERICAN RED CROSS filed by ERIC JEROME HUNTER MATHIS."leave to file granted" by Judge Richard J. Leon(zrdj) (Entered: 07/03/2017)
2017-07-14	24	MOTION for Extension of Time to Respond to Fourth Amended Complaint by U.S. DEPARTMENT OF JUSTICE (Field, Brian) (Entered: 07/14/2017)
2017-07-14		MINUTE ORDER granting 24 Defendant's Motion for Extension of Time. It is hereby ORDERED that the Motion is GRANTED. Defendant's responsive pleading is due 08/15/2017. Signed by Judge Richard J. Leon on 07/14/2017. (lcrjl2) (Entered: 07/14/2017)
2017-08-02	25	MOTION for Extension of Time to Respond to Fourth Amended Complaint by SOCIAL SECURITY ADMINISTRATION, U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF JUSTICE, U.S. DEPARTMENT OF TREASURY, UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF GEORGIA, UNITED STATES SECURITIES AND EXCHANGE COMMISSION (Field, Brian) (Entered: 08/02/2017)
2017-08-07	26	Letter from Plaintiff. "Leave to file granted" signed by Judge Richard J. Leon (jf) (Entered: 08/08/2017)
2017-08-10		MINUTE ORDER granting 25 Defendants' Motion for Extension of Time. It is hereby ORDERED that the Motion is GRANTED. It is further ORDERED that defendants' responsive pleading is due 09/15/2017. Signed by Judge Richard J. Leon on 08/10/2017. (lcrjl2) (Entered: 08/10/2017)
2017-09-05	27	MOTION for Extension of Time to Respond to Plaintiff's Fourth Amended Complaint by SOCIAL SECURITY ADMINISTRATION, U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF JUSTICE, U.S. DEPARTMENT OF TREASURY, UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF GEORGIA (Field, Brian) (Entered: 09/05/2017)
2017-09-11		MINUTE ORDER granting 27 Defendants' Motion for Extension of Time. It is hereby ORDERED that the Motion is GRANTED. Defendants shall have up to and including October 16, 2017, to respond to Plaintiffs Fourth Amended Complaint. Signed by Judge Richard J. Leon on 09/11/2017. (lcrjl2) (Entered: 09/11/2017)
2017-09-18		Case directly reassigned to Judge Timothy J. Kelly. Judge Richard J. Leon is no longer assigned to the case. (ztnr) (Entered: 09/18/2017)
2017-10-14	28	MOTION to Dismiss Fourth Amended Complaint , MOTION for Summary Judgment by SOCIAL SECURITY ADMINISTRATION, U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF JUSTICE, U.S. DEPARTMENT OF TREASURY, UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF GEORGIA, UNITED STATES SECURITIES AND EXCHANGE COMMISSION (Attachments: # 1 Statement of Facts, # 2 Memorandum in Support, # 3 Declaration Hady Decl., # 4 Declaration Walker Decl., # 5 Declaration Livornese Decl., # 6 Declaration Greene Decl., # 7 Declaration Carr Decl., # 8 Declaration Chyn Decl., # 9 Declaration Valvardi Decl., # 10 Text of Proposed Order)(Field, Brian) (Entered: 10/14/2017)
2017-10-20	29	ORDER denying Plaintiff's 21 Motion to Appoint Counsel. See the attached Order for additional details. Signed by Judge Timothy J. Kelly on 10/20/2017. (lctjk1) (Entered: 10/20/2017)
2017-10-20	30	ORDER advising Plaintiff to respond on or before November 30, 2017 to Defendants' 28 Renewed Motion to Dismiss and for Summary Judgment or risk dismissal of the case. See the attached Order for additional details. Signed by Judge Timothy J. Kelly on 10/20/2017. (lctjk1) (Entered: 10/20/2017)
2017-10-23		Set/Reset Deadlines: Responses due by 11/30/2017. (tj) (Entered: 10/23/2017)
2017-10-30		MINUTE ORDER denying as moot Defendant's 16 MOTION to Dismiss. In light of the filing of Plaintiff's subsequent amended complaints, it is hereby ORDERED that Defendant's Motion is DENIED AS MOOT. Signed by Judge Timothy J. Kelly on 10/30/2017. (lctjk3) (Entered: 10/30/2017)
2017-11-09	31	RESPONSE re 28 MOTION to Dismiss Fourth Amended Complaint MOTION for Summary Judgment filed by ERIC JEROME HUNTER MATHIS. (jf) (Entered: 11/14/2017)
2017-11-21	32	REPLY to opposition to motion re 28 MOTION to Dismiss Fourth Amended Complaint MOTION for Summary Judgment filed by SOCIAL SECURITY ADMINISTRATION, U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF JUSTICE, U.S. DEPARTMENT OF TREASURY, UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF GEORGIA, UNITED STATES SECURITIES AND EXCHANGE COMMISSION. (Field, Brian) (Entered: 11/21/2017)
2018-01-10	33	MOTION to Appoint Counsel by ERIC JEROME HUNTER MATHIS (jf) (Entered: 01/11/2018)
2018-01-10	34	MOTION for Discovery (Production of Documents) by ERIC JEROME HUNTER MATHIS (jf) (Entered: 01/11/2018)
2018-01-11	35	Memorandum in opposition to re 34 MOTION for Discovery filed by SOCIAL SECURITY ADMINISTRATION, U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF JUSTICE, U.S. DEPARTMENT OF TREASURY, UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF GEORGIA, UNITED STATES SECURITIES AND EXCHANGE COMMISSION. (Field, Brian) (Entered: 01/11/2018)
2018-01-29	36	ORDER denying Plaintiff's 33 Motion to Appoint Counsel. See the attached Order for additional details. Signed by Judge Timothy J. Kelly on 1/29/2018. (lctjk3) (Entered: 01/29/2018)
2018-01-29		MINUTE ORDER denying Plaintiff's 34 Motion for Discovery. "[D]iscovery of any type is generally not allowed in FOIA proceedings." Pinson v. DOJ, 55 F. Supp. 3d 80, 82 (D.D.C. 2014). "The one exception to this rule is when the plaintiff makes something more than a 'speculative' assertion that the agency might not have acted in good faith in responding to his FOIA request." Id. (quoting Accuracy in Media, Inc. v. Nat'l Park Serv., 194 F.3d 120, 124 (D.C. Cir. 1999)). Plaintiff has failed to make such an assertion. Thus, it is hereby ORDERED that Plaintiff's 34 Motion for Discovery is DENIED. Signed by Judge Timothy J. Kelly on 1/29/2018. (lctjk3) (Entered: 01/29/2018)
2018-03-26	37	MOTION for Summary Judgment by ERIC JEROME HUNTER MATHIS (jf) (Entered: 03/28/2018)
2018-04-05	38	Memorandum in opposition to re 37 MOTION for Summary Judgment filed by SOCIAL SECURITY ADMINISTRATION, U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF JUSTICE, U.S. DEPARTMENT OF TREASURY, UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF GEORGIA, UNITED STATES SECURITIES AND EXCHANGE COMMISSION. (Field, Brian) (Entered: 04/05/2018)
2018-09-27	39	ORDER granting Defendants' 28 Renewed Motion to Dismiss and for Summary Judgment and denying Plaintiff's 37 Motion for Summary Judgment. See Order for details. The Clerk's Office is directed to mail a copy of this Order to Plaintiff at the address listed on the docket. The Clerk of Court is directed to close the case. Signed by Judge Timothy J. Kelly on 9/27/2018. (lctjk3) (Entered: 09/27/2018)
2018-09-27	40	MEMORANDUM OPINION in support of Order 39 granting Defendants' 28 Renewed Motion to Dismiss and for Summary Judgment and denying Plaintiff's 37 Motion for Summary Judgment. See Opinion for details. The Clerk's Office is directed to mail a copy of this Opinion to Plaintiff at the address listed on the docket. Signed by Judge Timothy J. Kelly on 9/27/2018. (lctjk3) (Entered: 09/27/2018)
Hide Docket Events