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Case TitleBey, ex rel Jerry W. Robinson v. Wilkie et al
DistrictEastern District of Virginia
CityNorfolk
Case Number2:2018cv00192
Date Filed2018-04-11
Date Closed2018-10-19
JudgeDistrict Judge Arenda L. Wright Allen
PlaintiffJerry Robinson Bey, ex rel Jerry W. Robinson
Case DescriptionJerry Robinson Bey submitted a FOIA request to the Department of Veterans Affairs for records concerning the compensation and pension exam. The agency acknowledged receipt of the request, but after hearing nothing further from the agency, Robinson Bey filed suit.
Complaint issues: Failure to respond within statutory time limit

DefendantDavid Shulkin Secretary of the Dept. of Veterans Affairs
DefendantRobert Wilkie Acting Secretary of the Dept. of Veterans Affairs
DefendantJames M. Byrne General Counsel of the Dept. of Veterans Affiars
DefendantJames M. Byrne General Counsel of the Dept. of Veterans Affiars
TERMINATED: 06/05/2018
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2018-04-111MOTION for Leave to Proceed in forma pauperis by Jerry Robinson Bey, ex rel Jerry W. Robinson. (Attachments: # 1 Proposed Complaint, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Envelope)(epri) (Entered: 04/11/2018)
2018-04-232ORDER: The Court GRANTS Plaintiffs' IFP Application, ECF No. 1, and the Clerk is DIRECTED to file Plaintiff's Complaint. The Clerk is DIRECTED to issue summons in this action and prepare three packets containing a summons, a copy of the Complaint, and this Order. The Clerk is further DIRECTED to deliver these packets to the United States Marshal. The United States Marshal is DIRECTED to serve the summons, Complaint, and this Order on the Attorney General of the United States, the United States Attorney, and the Department of Veterans Affairs, in accordance with Federal Rule of Civil Procedure 4(i)(2). Plaintiff is ORDERED to SHOW CAUSE why Mr. Byrne should not be dismissed from this action for the reasons set forth above. Plaintiff must submit his response to the Court within thirty days from the date of entry of this Order. A copy of this Order was sent to Plaintiff as DIRECTED on 4.23.18. Signed by District Judge Arenda L. Wright Allen and filed on 4/23/2018. (epri) (Entered: 04/23/2018)
2018-04-233COMPLAINT against James M. Byrne, Robert Wilkie, filed by Jerry Robinson Bey, ex rel Jerry W. Robinson. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Envelope)(epri) (Entered: 04/23/2018)
2018-04-244Three (3)Summonses, each with service copy, Issued as to Dept. of Veterans Affairs (Robert Wilkie), U.S. Attorney and U.S. Attorney General (Attachments: # 1 Civil Motions Procedures, # 2 USM 285 forms) Summons packages delivered to the U.S. Marshal with certified copies of Order and USM 285 forms. (epri) (Entered: 04/24/2018)
2018-05-015SUMMONS Returned Executed by Jerry Robinson Bey, ex rel Jerry W. Robinson as to Robert Wilkie, served on 5/1/2018. (epri) (Entered: 05/01/2018)
2018-05-016SUMMONS Returned Executed by Jerry Robinson Bey, ex rel Jerry W. Robinson as to Dept. of Veterans Affairs, served on 5/1/2018. (epri) (Entered: 05/01/2018)
2018-05-107SUMMONS Returned Executed by Jerry Robinson Bey, ex rel Jerry W. Robinson as to Robert Wilkie, via US Attorney, served on 5/10/2018. (epri) (Entered: 05/10/2018)
2018-06-058ORDER: The Clerk is hereby DIRECTED to terminate Mr. Byrne as a Defendant in this matter. Copies of this Order sent as DIRECTED on 6.5.18. Signed by District Judge Arenda L. Wright Allen and filed on 6/5/2018. (epri) (Entered: 06/05/2018)
2018-06-059CLERK'S JUDGMENT: The Clerk is hereby DIRECTED to terminate Mr. Byrne as a Defendant in this matter. Signed by Clerk on 6/5/2018. (epri) (Entered: 06/05/2018)
2018-06-0710MOTION to Dismiss for Failure to State a Claim , MOTION to Dismiss for Lack of Jurisdiction by James M. Byrne, Robert Wilkie. (Kelley, George) (Entered: 06/07/2018)
2018-06-0711Memorandum in Support re 10 MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction filed by James M. Byrne, Robert Wilkie. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5)(Kelley, George) (Entered: 06/07/2018)
2018-06-0712Roseboro Notice by James M. Byrne, Robert Wilkie (Kelley, George) (Entered: 06/07/2018)
2018-10-1913DISMISSAL ORDER: Defendants' Motion to Dismiss, ECF No. 10, is GRANTED. Copies of this Order sent as DIRECTED on 10.19.18. Signed by District Judge Arenda L. Wright Allen and filed on 10/19/2018. (epri, ) (Entered: 10/19/2018)
2018-10-1914CLERK'S JUDGMENT. Signed by Clerk on 10/19/2018. (epri, ) (Entered: 10/19/2018)
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by FOIA Project Staff
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