Case Detail

FOIA Project Annotation: A federal court in Ohio has dismissed Richard Jarrell's Privacy Act request to amend the medial records of his brother Stephen to reflect that he had received a medical discharge from the Army rather than "other than honorable discharge." Although Richard Jarrell argued that his own medical records were inaccurate, the crux of his action was to amend Stephen's medical records. The court found Richard did not have standing to accomplish that goal. The court noted that "plaintiff's allegations focus on Defendants' misuse of Plaintiff's altered medical records to deny Stephen's â€" not Plaintiff's â€" application to upgrade Stephen's discharge status. Defendants' denial was adverse to Stephen and concerned his military service and discharge, not Plaintiff's. Viewing it another way, if Defendants had granted Stephen's application, the resulting benefits would have inured to Stephen, not directly to Plaintiff. And although Plaintiff laudably advocated for and financially supported Stephen over the years, the proximate cause of this expensive endeavor was Plaintiff's voluntary choice to do so rather than Defendants' denial of Stephen's application to upgrade his Army discharge status in April 1990."
Issues: Litigation - Jurisdiction - Failure to State a Claim

Date Filed	Doc #	Docket Text
2019-11-06	1	MOTION for Leave to Proceed in forma pauperis (The Office of the Clerk is in possession of all necessary service documents) by Plaintiff Richard Maurice Jarrell. (Attachments: # 1 Complaint, # 2 Civil Cover Sheet, # 3 Summons Forms, # 4 US Marshal Forms) (kma) (Entered: 11/06/2019)
2019-11-06	2	MOTION to File Complaint Under Seal by Plaintiff Richard Maurice Jarrell. (kma) (Entered: 11/06/2019)
2019-11-07		NOTATION ORDER granting 1 Plaintiff's Motion for Leave to Proceed in forma pauperis. The Clerk of Court is directed to hold Service of Summons pending initial review of the Complaint. Signed by Magistrate Judge Sharon L. Ovington on 11-7-19. (mcm)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) (Entered: 11/07/2019)
2019-11-27		NOTATION ORDER - Upon initial review of Plaintiff's pro se Complaint under 28 U.S.C. §1915(e),it is not presently subject to dismissal. Accordingly, the Court DIRECTS the United States Marshal to serve a copy of the Complaint, summons, and this Order upon the named defendants as directed by Plaintiff. All costs of service shall be advanced by the United States. Plaintiff must serve the named defendants - or their attorney in the event an attorney's appearance is entered in the record - with a copy of every document submitted for consideration by the Court. Plaintiff shall include with the original paper to be filed with the Clerk of Court a certificate stating the date and verifying that Plaintiff mailed a true and correct copy of any document to defendants or their attorney(s). Any paper received by a District Judge or Magistrate Judge that has not been filed with the Clerk of Court or that fails to include a certificate of service will be disregarded by the Court. Plaintiff must inform the Clerk of Court promptly of any changes of address which he has during the pendency of this lawsuit. Failure to do so may result in dismissal of his case for failure to prosecute. Signed by Magistrate Judge Sharon L. Ovington on 11-27-19. (slo1)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) (Entered: 11/27/2019)
2019-12-03	3	ORDER - 1. Plaintiffs Motion to File Complaint under Seal (Doc. # 2 ) is GRANTED in part; 2. The Clerk of Court is directed to redact Plaintiffs and his brothers identifiers from Plaintiffs Complaint and attached Exhibits; 3. The Clerk of Court is directed to separately docket Plaintiffs Complaint and its attached pages with the identifiers redacted; and 4. Plaintiffs Motion to File Complaint under Seal (Doc. # 2 ) is otherwise DENIED. Signed by Magistrate Judge Sharon L. Ovington on 12/3/19. (pb)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) (Entered: 12/03/2019)
2019-12-03	4	REDACTED COMPLAINT against Army Review Boards Agency, National Personnel Records Center, United States Attorney, United States Attorney General, filed by Richard Maurice Jarrell. (pb) (Entered: 12/03/2019)
2019-12-03	5	Summons Issued as to Army Review Boards Agency, National Personnel Records Center, United States Attorney, United States Attorney General, U.S. Attorney and U.S. Attorney General (pb) (Entered: 12/03/2019)
2020-01-13	6	SUMMONS Returned Executed as to Defendants Army Review Boards Agency, National Personnel Records Center, United States Attorney, United States Attorney General. Army Review Boards Agency served on 12/17/2019, answer due 2/18/2020; National Personnel Records Center served on 12/17/2019, answer due 2/18/2020; United States Attorney served on 12/17/2019, answer due 2/18/2020; United States Attorney General served on 12/17/2019, answer due 2/18/2020. (pb) (Entered: 01/13/2020)
2020-02-11	7	STIPULATION Extension of Time to Respond to Complaint by Defendants Army Review Boards Agency, National Personnel Records Center, United States Attorney, United States Attorney General. (Attachments: # 1 Exhibit A) (Smarda, Jade) (Entered: 02/11/2020)
2020-03-05	8	MOTION to File Document Under Seal by Defendants Army Review Boards Agency, National Personnel Records Center, United States Attorney, United States Attorney General. (Attachments: # 1 Text of Proposed Order Ex. A) (Smarda, Jade) (Entered: 03/05/2020)
2020-03-05	9	NOTICE by Defendants Army Review Boards Agency, National Personnel Records Center, United States Attorney, United States Attorney General re 8 MOTION to File Document Under Seal Plaintiff's Non-Opposition (Attachments: # 1 Exhibit A, # 2 Exhibit B) (Smarda, Jade) (Entered: 03/05/2020)
2020-03-05	10	MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendants Army Review Boards Agency, National Personnel Records Center, United States Attorney, United States Attorney General. (Attachments: # 1 Declaration of Paul Petty) (Smarda, Jade) (Entered: 03/05/2020)
2020-03-06	11	NOTICE TO PRO SE PLAINTIFF OF MOTION TO DISMISS - You are hereby notified that Defendants filed a Motion to Dismiss on March 5, 2020. (Doc. # 10 ). You should receive a copy of the Motion directly from Defendants. Your response must be filed with the Court not later than March 30, 2020. If you fail to file a response timely, Defendants' Motion to Dismiss may be granted and your case dismissed. Signed by Magistrate Judge Sharon L. Ovington on 3/6/20. (pb)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) (Entered: 03/06/2020)
2020-03-06	12	ORDER - This case is presently before the Court upon Defendants Motion to File Documents Under Seal (Doc. # 8 ). Pursuant to Fed. R. Civ. P. 5.2, it is hereby ORDERED that: 1. Defendants Motion to File Documents Under Seal (Doc. # 8 )is GRANTED in part; 2. Defendants must redact Plaintiff's and his brother's identifiers from all exhibits they intend to attach to Defendant United States declaration before filing them; and 3. Defendants' Motion to File Documents Under Seal (Doc. # 8 )is otherwise DENIED. Signed by Magistrate Judge Sharon L. Ovington on 3/6/20. (pb)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) Modified on 3/6/2020 to correct docket text(srb). (Entered: 03/06/2020)
2020-03-09	13	NOTICE by Defendants Army Review Boards Agency, National Personnel Records Center, United States Attorney, United States Attorney General re 10 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM REDACTED Exhibits A-E to Petty Declaration (ECF No. 10-1) (Attachments: # 1 Exhibit) (Smarda, Jade) (Entered: 03/09/2020)
2020-03-17	14	RESPONSE in Opposition re 10 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Plaintiff Richard Maurice Jarrell. (Attachments: # 1 Attachment 1, # 2 Attachment 2, # 3 Attachment 3, # 4 Attachment 4, # 5 Attachmnet 5, # 6 Attachment 6, # 7 Attachment 7, # 8 Attachment 8, # 9 Attachment 9, # 10 Attachment 10, # 11 Attachment 11, # 12 Attachment 12, # 13 Attachment 13, # 14 Attachment 14, # 15 Attachment 15, # 16 Attachment 16, # 17 Attachment 17, # 18 Attachment 18, # 19 Attachment 19, # 20 Attachment 20, # 21 Attachment 21, # 22 Attachment 22, # 23 Attachment 23, # 24 Attachment 24) (pb) (Entered: 03/17/2020)
2020-03-30	15	MOTION for Extension of Time to File Response/Reply as to 10 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM New date requested 4/14/2020. by Defendants Army Review Boards Agency, National Personnel Records Center, United States Attorney, United States Attorney General. (Attachments: # 1 Exhibit A, # 2 Text of Proposed Order Exhibit B) (Smarda, Jade) (Entered: 03/30/2020)
2020-03-31	16	ORDER GRANTING DEFENDANTS UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE REPLY MEMORANDUM IN SUPPORT OF THEIR MOTION TO DISMISS. Reply Memorandum in Support due by 4/14/2020. Signed by Magistrate Judge Sharon L. Ovington on 3/31/2020. (srb)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) (Entered: 03/31/2020)
2020-04-14	17	REPLY to Response to Motion re 10 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Defendants Army Review Boards Agency, National Personnel Records Center, United States Attorney, United States Attorney General. (Attachments: # 1 Affidavit Supplemental Declaration of Paul Petty) (Smarda, Jade) (Entered: 04/14/2020)
2020-05-05	18	REPORT AND RECOMMENDATIONS - IT IS THEREFORE RECOMMENDED THAT: 1. Defendants Motion to Dismiss (Doc # 10 ) be GRANTED; and 2. The case be terminated on the record of the Court. Objections to R&R due by 5/19/2020. Signed by Magistrate Judge Sharon L. Ovington on 5/5/2020. (srb)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) (Entered: 05/05/2020)
2020-06-03	19	ORDER ADOPTING REPORT AND RECOMMENDATIONS - The Report and Recommendations docketed on May 5, 2020 18 is ADOPTED in full, Defendants' Motion to Dismiss 10 Plaintiff's Complaint is GRANTED, and the case is TERMINATED on the docket of the Court. Signed by Judge Thomas M. Rose on 6-3-2020. (de)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) (Entered: 06/03/2020)
2020-06-03	20	CLERK'S JUDGMENT. Signed on 6/3/20. (pb)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) (Entered: 06/03/2020)
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