Case Detail

FOIA Project Annotation: Judge Amy Berman Jackson has ruled that Harris Ballow failed to exhaust his administrative remedies in connection with his FOIA suit against the Department of State for records concerning his extradition from Mexico in 2011. The agency did not become aware of Ballow's request until he filed suit. The agency conducted searches in their FOAXpress and FREEDOMS 2 databases using Ballow's name and "Mexican extradition" in the description line. The agency found no record of any request received from Ballow. Although Berman Jackson extended the deadline for Ballow to respond, he failed to file an opposition. Berman Jackson nevertheless addressed the agency's summary judgment motion. She noted that the agency's affidavit "outlines the State Department's procedures for handling FOIA requests, identifies the databases where information about a FOIA request is maintained, and describes the multiple searches agency staff conducted in an attempt to locate a FOIA request it was supposed to have received from plaintiff in or about October 2019. Thus, absent any showing by plaintiff to the contrary, defendant demonstrates that it conducted reasonable searches for a FOIA request from plaintiff but did not locate one." She pointed out that "in the absence of a proper request, the State Department's failure to release responsive records would not violate FOIA because plaintiff has not exhausted his administrative remedies."
Issues: Litigation - Jurisdiction - Failure to Exhaust

Date Filed	Doc #	Docket Text
2019-12-23		Initiating Pleading & IFP Application Received on 12/23/2019. A copy of the docket sheet has been mailed to the address of record for the pro se party. (zmd) (Entered: 12/27/2019)
2019-12-23	1	COMPLAINT against UNITED STATES DEPARTMENT OF STATE with Jury Demand filed by HARRIS BALLOW. (zmd) (Entered: 12/27/2019)
2019-12-23	2	MOTION for Leave to Proceed in forma pauperis by HARRIS BALLOW. (zmd) (Entered: 12/27/2019)
2019-12-23	3	PRISONER TRUST FUND ACCOUNT STATEMENT for period of six months by HARRIS BALLOW. (zmd) (Entered: 12/27/2019)
2020-01-28	4	ORDER directing an initial partial filing fee in the amount of $70.33 from Prison Account of HARRIS BALLOW and granting MOTION for Leave to Proceed In Forma Pauperis (see order for full details). Pro Se party has been notified by first class mail. Signed by Judge Amit P. Mehta on 1/23/2020. (adh, ) (Entered: 01/30/2020)
2020-01-30		Case Assigned to Judge Amy Berman Jackson. (adh, ) (Entered: 01/30/2020)
2020-01-31	5	SUMMONS (3) Issued as to UNITED STATES DEPARTMENT OF STATE, U.S. Attorney and U.S. Attorney General (adh, ) (Entered: 01/31/2020)
2020-01-31	6	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 01/31/2020. (jf) (Entered: 02/03/2020)
2020-03-06	7	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 3/5/2020. ( Answer due for ALL FEDERAL DEFENDANTS by 4/4/2020.) (jf) Modified on 3/9/2020 to correct docket text (jf). (Entered: 03/06/2020)
2020-03-06	8	Summons Returned Unexecuted as to UNITED STATES DEPARTMENT OF STATE. (See Docket Entry 7 to view document) (jf) (Entered: 03/09/2020)
2020-04-03	9	ANSWER to 1 Complaint by UNITED STATES DEPARTMENT OF STATE.(McBride, Patricia) (Entered: 04/03/2020)
2020-04-06		MINUTE ORDER: Before the Court in this FOIA case are a complaint and an answer. The requirements of Local Civil Rule 16.3 and Rule 26(f) of the Federal Rules of Civil Procedure appear to be inapplicable. Defendant shall file a dispositive motion or, in the alternative, a report setting forth the schedule for the completion of its production of documents to plaintiff, on or before June 30, 2020. Signed by Judge Amy Berman Jackson on 4/6/20. (ms) (Entered: 04/06/2020)
2020-04-06		Set/Reset Deadlines: Defendant shall file a dispositive motion or, in the alternative, a report setting forth the schedule for the completion of its production of documents to plaintiff, on or before 6/30/2020. (jth) (Entered: 04/06/2020)
2020-04-14		Partial Filing Fee Received from HARRIS BALLOW in the amount of $60.00, receipt number: 4616102895. (zrdj) (Entered: 04/15/2020)
2020-04-23	10	MOTION for Judgment on the Pleadings by HARRIS BALLOW (zjf) (Entered: 04/29/2020)
2020-05-01		MINUTE ORDER: It is hereby ORDERED that Plaintiff's 10 Motion for Judgment on the Pleadings is DENIED WITHOUT PREJUDICE. Pursuant to the Court's April 6, 2020 minute order, Defendant is to file either a dispositive motion or a proposed schedule for further proceedings by June 30, 2020, and Plaintiff will have an opportunity to be heard on the merits of his case at the appropriate time. Signed by Judge Amy Berman Jackson on 5/1/20. (ms) (Entered: 05/01/2020)
2020-06-19	11	MOTION for Summary Judgment by UNITED STATES DEPARTMENT OF STATE (Attachments: # 1 Declaration)(McBride, Patricia) (Entered: 06/19/2020)
2020-06-19	12	Order advising Plaintiff to respond by 8/7/2020 to 11 Defendant's Motion for Summary Judgment. Signed by Judge Amy Berman Jackson on 6/19/20. (ms) (Entered: 06/19/2020)
2020-07-06	13	RESPONSE re 11 MOTION for Summary Judgment filed by HARRIS BALLOW. (zjf) (Entered: 07/09/2020)
2020-07-06	14	MOTION to Appoint Counsel by HARRIS BALLOW (zjf) (Entered: 07/09/2020)
2020-07-10		MINUTE ORDER: It is hereby ORDERED that plaintiff's motion to appoint counsel 14 is DENIED; and it is FURTHER ORDERED that the deadline for plaintiff's opposition or other response to defendant's motion for summary judgment is extended to October 13, 2020. Signed by Judge Amy Berman Jackson on 7/10/20. (ms) Modified to reflect that the correct due date for plaintiff's opposition is 10/13/2020 (ms). (Entered: 07/10/2020)
2020-07-10		Set/Reset Deadline: The Deadline for Plaintiff's Opposition or other Response to Defendant's Motion for Summary Judgment is extended to 10/13/2020. (jth) (Entered: 07/10/2020)
2020-07-21		Partial Filing Fee Received from HARRIS BALLOW in the amount of $75.00, receipt number: 4616103607. (zrdj) (Entered: 08/03/2020)
2020-08-14		Partial Filing Fee Received from HARRIS BALLOW in the amount of $2.67, receipt number: 4616103891. (zrdj) (Entered: 08/19/2020)
2021-01-05	15	MEMORANDUM AND OPINION. Signed by Judge Amy Berman Jackson on 1/5/21. (psu2) (Entered: 01/05/2021)
2021-01-05	16	ORDER granting 11 Defendant's Motion for Summary Judgment. This is a final appealable Order. Signed by Judge Amy Berman Jackson on 1/5/21. (psu2) (Entered: 01/05/2021)
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