Case Detail

FOIA Project Annotation: Judge Randolph Moss has ruled that Darryl Burke failed to show that the Department of Justice received his request for records concerning Brady violations in the Southern District of Florida. After Burke, a prisoner, filed suit, EOUSA conducted a search for his request. Although it found four requests Burke had submitted, it did not find the request that formed the basis of his suit. While Burke did not respond to the agency's summary judgment motion, Moss noted that "for his part, Burke submitted 'no proof he mailed' the FOIA request described in his complaint, 'or that the [Department] received it.' Indeed, although many months have now passed and although Burke was warned of the consequences of failing to respond to the Department's evidence, he has failed to offer any response to the Department's motion for summary judgment." Moss pointed out that "here, the Department has 'presented undisputed' and convincing 'evidence that it searched for [Burke's] FOIA request in the places that it should haven located, but did not discover any such request.' Because Buke has failed to controvert that evidence, the Court concludes that he 'never properly initiated and exhausted the FOIA administrative process' and 'is not entitled to maintain a civil action with respect' to the FOIA request described in his complaint."
Issues: Request - Receipt

Date Filed	Doc #	Docket Text
2016-10-20	1	COMPLAINT against DEPARTMENT OF JUSTICE filed by DARRYL BURKE. (Attachments: # 1 Civil Cover Sheet)(td) (Entered: 10/21/2016)
2016-10-20	2	MOTION for Leave to Proceed in forma pauperis by DARRYL BURKE (td) (Entered: 10/21/2016)
2016-10-20	3	PRISONER ACCOUNT STATEMENT by DARRYL BURKE (td) Modified on 11/3/2016 (zrdj). (Entered: 10/21/2016)
2016-10-20	4	NOTICE OF RELATED CASE. Case related to Case No. 16-CV-1595 RDB and 16-cv-1670 RDM. (td) (Entered: 10/21/2016)
2016-10-20	5	ORDER directing an initial partial filing fee in the amount of $3.15 from Prison Account of DARRYL BURKE and granting MOTION for Leave to Proceed In Forma Pauperis (see order for full details). Signed by Judge Tanya S. Chutkan on 10/14/16. (td) (Entered: 10/21/2016)
2016-10-20		SUMMONS Not Issued as to DEPARTMENT OF JUSTICE, U.S. Attorney and U.S. Attorney General (td) (Entered: 10/21/2016)
2016-10-24	6	SUMMONS (3) Issued as to DEPARTMENT OF JUSTICE, U.S. Attorney and U.S. Attorney General (jd) (Entered: 10/25/2016)
2016-11-01	7	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 11/1/2016. ( Answer due for ALL FEDERAL DEFENDANTS by 12/1/2016.), RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 10/28/2016., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. DEPARTMENT OF JUSTICE served on 10/28/2016 (zrdj) (Entered: 11/03/2016)
2016-11-28	8	NOTICE of Appearance by Christopher Charles Hair on behalf of DEPARTMENT OF JUSTICE (Hair, Christopher) (Entered: 11/28/2016)
2016-11-28	9	MOTION for Extension of Time to File Response/Reply to Complaint by DEPARTMENT OF JUSTICE (Hair, Christopher) (Entered: 11/28/2016)
2016-11-28		MINUTE ORDER: Upon consideration of Defendant's Motion for Enlargement of Time to Respond to Plaintiff's Complaint 9 , the motion is hereby GRANTED. Defendant is hereby ORDERED to respond to Plaintiff's complaint on or before December 30, 2016. Signed by Judge Randolph D. Moss on 11/28/2016. (lcrdm1, ) (Entered: 11/28/2016)
2016-11-29		Set/Reset Deadlines: Defendant to respond to Plaintiff's complaint on or before 12/30/2016. (kt) (Entered: 11/29/2016)
2016-12-02		Partial Filing Fee Received from DARRYL BURKE in the amount of $3.15, receipt number: 4616081853. (zrdj) (Entered: 12/02/2016)
2016-12-30	10	ANSWER to 1 Complaint by DEPARTMENT OF JUSTICE.(Hair, Christopher) (Entered: 12/30/2016)
2017-01-03	11	SCHEDULING ORDER: Defendant's motion for summary judgment shall be filed on March 6, 2017; Plaintiff's opposition to Defendant's motion for summary judgment, and any cross-motion for summary judgment, shall be filed on May 5, 2017; Defendant's reply in support of its motion for summary judgment, and any opposition to Plaintiff's cross-motion for summary judgment, shall be filed on June 5, 2017; and, Plaintiff's reply in support of his cross-motion for summary judgment shall be filed on July 5, 2017. See document for details. Signed by Judge Randolph D. Moss on 1/3/2017. (lcrdm1, ) (Entered: 01/03/2017)
2017-01-03		Set/Reset Deadlines: Defendant's motion for summary judgment shall be filed on 3/6/2017; Plaintiff's opposition to Defendant's motion for summary judgment, and any cross-motion for summary judgment, shall be filed on 5/5/2017; Defendant's reply in support of its motion for summary judgment, and any opposition to Plaintiff's cross-motion for summary judgment, shall be filed on 6/5/2017; Plaintiff's reply in support of his cross-motion for summary judgment shall be filed on 7/5/2017. (kt) (Entered: 01/03/2017)
2017-03-01	12	MOTION for Extension of Time to File Motion for Summary Judgment by DEPARTMENT OF JUSTICE (Hair, Christopher) (Entered: 03/01/2017)
2017-03-01		MINUTE ORDER: Upon consideration of Defendant's Motion for Enlargement of Time 12 , the motion is hereby GRANTED. The Court's scheduling order 11 is hereby AMENDED as follows: Defendant's motion for summary judgment shall be filed on April 5, 2017; Plaintiff's opposition to Defendant's motion for summary judgment, and any cross-motion for summary judgment, shall be filed on June 5, 2017; Defendant's reply in support of its motion for summary judgment, and any opposition to Plaintiff's cross-motion for summary judgment, shall be filed on July 5, 2017; and, Plaintiff's reply in support of his cross-motion for summary judgment shall be filed on August 8, 2017. Signed by Judge Randolph D. Moss on 3/1/2017. (lcrdm1, ) (Entered: 03/01/2017)
2017-03-02		Set/Reset Deadlines: Defendant's motion for summary judgment shall be filed on 4/5/2017; Plaintiff's opposition to Defendant's motion for summary judgment, and any cross-motion for summary judgment, shall be filed on 6/5/2017; Defendant's reply in support of its motion for summary judgment, and any opposition to Plaintiff's cross-motion for summary judgment, shall be filed on 7/5/2017; Plaintiff's reply in support of his cross-motion for summary judgment shall be filed on 8/8/2017. (kt) (Entered: 03/02/2017)
2017-04-05	13	MOTION for Summary Judgment by DEPARTMENT OF JUSTICE (Attachments: # 1 Statement of Facts, # 2 Memorandum in Support, # 3 Text of Proposed Order, # 4 Declaration of David Luczynski and Exhibit)(Hair, Christopher) (Entered: 04/05/2017)
2017-04-05	14	ORDER: Plaintiff is hereby ORDERED to respond to Defendant's motion for summary judgment 13 on or before June 5, 2017. See document for details. Signed by Judge Randolph D. Moss on 4/5/2017. (lcrdm1, ) (Entered: 04/05/2017)
2017-04-06		Set/Reset Deadlines: Plaintiff is to respond to Defendant's motion for summary judgment 13 on or before 6/5/2017. (kt) (Entered: 04/06/2017)
2017-06-08	15	MOTION to Hold in Abeyance re 13 MOTION for Summary Judgment , MOTION for Extension of Time to File Response/Reply by DARRYL BURKE (td) Modified to add document received from USCA on 6/19/17 on 6/21/2017 (td). (Entered: 06/21/2017)
2017-06-21		MINUTE ORDER: Upon consideration of Plaintiff's Motion for Extension of Time 15 , the motion is hereby GRANTED. Plaintiff is hereby ORDERED to respond to Defendant's motion for summary judgment (Dkt. 13 ) on or before July 14, 2017. Signed by Judge Randolph D. Moss on 6/21/2017. (lcrdm1, ) (Entered: 06/21/2017)
2017-06-21		Set/Reset Deadlines: Plaintiff to respond to Defendant's motion for summary judgment on or before 7/14/2017. (kt) (Entered: 06/21/2017)
2017-06-23	16	NOTICE OF SUBSTITUTION OF COUNSEL by Patricia K. McBride on behalf of DEPARTMENT OF JUSTICE Substituting for attorney Christopher Charles Hair (McBride, Patricia) (Entered: 06/23/2017)
2018-02-22	17	MEMORANDUM OPINION granting Defendant's motion for summary judgment 13 . See document for details. Signed by Judge Randolph D. Moss on 2/22/2018. (lcrdm1, ) (Entered: 02/22/2018)
2018-02-22	18	ORDER: For the reasons set forth in the Court's Memorandum Opinion, 17 , it is hereby ORDERED that Defendant's motion for summary judgment 13 is GRANTED. See document for details. Signed by Judge Randolph D. Moss on 2/22/2018. (lcrdm1, ) (Entered: 02/22/2018)
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