| Date Filed | Doc # | Docket Text |
|
| 2020-01-23 | | Initiating Pleading & IFP Application Received on 1/23/2020. A copy of the docket sheet has been mailed to the address of record for the pro se party. (zmd) (Entered: 01/28/2020) |
| 2020-01-23 | 1 | COMPLAINT against UNITED STATES FEDERAL BUREAU OF INVESTIGATION filed by JAMES MARTIN GRAHAM. (zmd) (Entered: 01/28/2020) |
| 2020-01-23 | 2 | MOTION for Leave to Proceed in forma pauperis by JAMES MARTIN GRAHAM. (zmd) (Entered: 01/28/2020) |
| 2020-01-23 | 3 | PARTIAL PRISONER TRUST FUND ACCOUNT STATEMENT by JAMES MARTIN GRAHAM. (zmd) (Entered: 01/28/2020) |
| 2020-03-09 | 4 | ORDER directing an initial partial filing fee in the amount of $0 from Prison Account of JAMES MARTIN GRAHAM 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 Trevor N. McFadden on 03/06/2020. (zsb) (Entered: 03/10/2020) |
| 2020-03-09 | | Case Assigned to Judge Colleen Kollar-Kotelly. (zsb) (Entered: 03/10/2020) |
| 2020-03-19 | 5 | ORDER ESTBLISHING PROCEDURES FOR CASES ASSIGNED TO JUDGE COLLEEN KOLLAR-KOTELLY. Signed by Judge Colleen Kollar-Kotelly on 03/19/2020. (DM) (Entered: 03/19/2020) |
| 2020-04-08 | 6 | Letter from Plaintiff (ztd);(Document filed per Pro Se Staff 4/8/2020) (Entered: 04/09/2020) |
| 2020-04-09 | | MINUTE ORDER: Plaintiff has inquired about service of process in this FOIA case. Because plaintiff is proceeding in forma pauperis , the court officers will prepare and issue the summons and effect service of same, subject to Standing Order 20-18 (BAH), In re: Suspension of Process Service by U.S. Marshals Service in District of Columbia Due to Exigent Circumstances Created by the COVID-19 Pandemic. Accordingly, plaintiff's request for a signed and sealed summons is DENIED. Signed by Judge Colleen Kollar-Kotelly on 4/9/20. (ah) (Entered: 04/09/2020) |
| 2020-05-12 | | Partial Filing Fee Received from JAMES MARTIN GRAHAM in the amount of $50.57, receipt number: 4616103086. (zsb) (Entered: 05/21/2020) |
| 2020-06-23 | | Partial Filing Fee Received from JAMES MARTIN GRAHAM in the amount of $22.20, receipt number: 4616103376. (zrdj) (Entered: 07/22/2020) |
| 2020-07-24 | | Partial Filing Fee Received from JAMES MARTIN GRAHAM in the amount of $40.00, receipt number: _461610364. (zrdj) (Entered: 08/03/2020) |
| 2020-08-03 | 7 | SUMMONS (3) Issued as to UNITED STATES FEDERAL BUREAU OF INVESTIGATION, U.S. Attorney and U.S. Attorney General sent to the U.S. Marshals Service (zsb) (Entered: 08/03/2020) |
| 2020-08-03 | 8 | MOTION to Amend/Correct 1 Complaint by JAMES MARTIN GRAHAM (ztd) (Entered: 08/04/2020) |
| 2020-08-03 | 9 | AFFIDAVIT by JAMES MARTIN GRAHAM. (ztd) (Entered: 08/04/2020) |
| 2020-08-11 | | Partial Filing Fee Received from JAMES MARTIN GRAHAM in the amount of $48.00, receipt number: 4616103856. (zrdj) (Entered: 08/19/2020) |
| 2020-08-12 | 10 | RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 8/4/2020. Answer due for ALL FEDERAL DEFENDANTS by 9/3/2020. (ztd) (Entered: 08/12/2020) |
| 2020-08-13 | 11 | RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 8/4/2020. Answer due for ALL FEDERAL DEFENDANTS by 9/3/2020. (ztd) (Entered: 08/17/2020) |
| 2020-08-31 | 14 | RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES FEDERAL BUREAU OF INVESTIGATION served on 8/31/2020 (ztd) (Entered: 09/30/2020) |
| 2020-09-02 | 12 | MOTION for Extension of Time to File Answer re 1 Complaint by UNITED STATES FEDERAL BUREAU OF INVESTIGATION (Seabrook, April) (Entered: 09/02/2020) |
| 2020-09-02 | | MINUTE ORDER: The Court has received Defendant's 12 Motion for an Extension of Time. The Court acknowledges that Defendant was unable to confer with Plaintiff due to Plaintiff's incarceration. The Court notes that this is Defendants first request for an extension. Accordingly, and for good cause shown, the Court GRANTS Defendant's 12 motion. Defendant shall respond to the complaint by or before OCTOBER 2, 2020. Signed by Judge Colleen Kollar-Kotelly on September 2, 2020. (lcckk1) (Entered: 09/02/2020) |
| 2020-09-11 | | Partial Filing Fee Received from JAMES MARTIN GRAHAM in the amount of $8.00, receipt number: 4616104093. (zrdj) (Entered: 09/14/2020) |
| 2020-09-18 | 13 | RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 9/9/2020. (ztd) (Entered: 09/24/2020) |
| 2020-10-02 | 15 | ANSWER to 1 Complaint by UNITED STATES FEDERAL BUREAU OF INVESTIGATION.(Seabrook, April) (Entered: 10/02/2020) |
| 2020-10-02 | 16 | RESPONSE re 8 MOTION to Amend/Correct 1 Complaint filed by UNITED STATES FEDERAL BUREAU OF INVESTIGATION. (Seabrook, April) (Entered: 10/02/2020) |
| 2020-10-14 | | Partial Filing Fee Received from JAMES MARTIN GRAHAM in the amount of $3.02, receipt number: 4616104364. (zrdj) (Entered: 10/15/2020) |
| 2020-10-14 | 17 | RESPONSE re 15 Answer to Complaint filed by JAMES MARTIN GRAHAM. (Attachments: # 1 Exhibit)(ztd) (Entered: 10/16/2020) |
| 2020-11-16 | | MINUTE ORDER: Pending before the Court is defendant's Answer filed on October 2, 2020. This action brought under the Freedom of Information Act, 5 U.S.C. § 552, is exempt from the requirements of Local Civil Rule 16.3(b) and the analogous Federal Rules of Civil Procedure. See Local Civil Rule 16.3(b)(10). Therefore, an Answer does little to advance the proceedings. In light of the affirmative defenses set out in the Answer and the request for dismissal, defendant shall file either a dispositive motion or a proposed schedule on or before December 7, 2020. SO ORDERED. Signed by Judge Colleen Kollar-Kotelly on 11/16/20.(psu1) (Entered: 11/16/2020) |
| 2020-11-16 | | Set/Reset Deadlines: Dispositive Motion or a Proposed Schedule due by 12/7/2020. (dot) (Entered: 11/16/2020) |
| 2020-12-07 | 18 | PROPOSED BRIEFING SCHEDULE by UNITED STATES FEDERAL BUREAU OF INVESTIGATION. (Seabrook, April) (Entered: 12/07/2020) |
| 2020-12-18 | | MINUTE ORDER. Plaintiff's motion 8 to amend his FOIA complaint by adding an individual defendant is DENIED, since individuals are not subject to suit under the FOIA. Martinez v. Bureau of Prisons , 444 F.3d 620, 624 (D.C. Cir. 2006). SO ORDERED. Signed by Judge Colleen Kollar-Kotelly on 12/18/20.(psu1) (Entered: 12/18/2020) |
| 2020-12-18 | | MINUTE ORDER SETTING BRIEFING SCHEDULE. Upon consideration of 18 Defendant's proposed briefing schedule, the parties shall adhere to the following deadlines. Defendant's motion for summary judgment is due on or before January 26, 2021; Plaintiff's opposition is due on or before March 5, 2021; and Defendant's reply, if needed, is due on or before March 22, 2021. SO ORDERED. Signed by Judge Colleen Kollar-Kotelly on 12/18/20.(psu1) (Entered: 12/18/2020) |
| 2020-12-18 | | Set/Reset Deadlines: Defendant's Summary Judgment Motion due by 1/26/2021. Response to Motion for Summary Judgment due by 3/5/2021. Reply to Motion for Summary Judgment due by 3/22/2021. (dot) (Entered: 12/18/2020) |
| 2021-01-19 | 19 | MOTION to Amend/Correct Set/Reset Deadlines, Order, by UNITED STATES FEDERAL BUREAU OF INVESTIGATION. (Seabrook, April) (Entered: 01/19/2021) |
| 2021-02-01 | | MINUTE ORDER. Defendant's motion 19 to amend the briefing schedule is GRANTED. The parties shall adhere to the following revised deadlines. Defendant's Motion for Summary Judgment is due on or before March 25, 2021; Plaintiff's Opposition is due on or before May 4, 2021; Defendant's Reply, if needed, is due on or before May 18, 2021. SO ORDERED. Signed by Judge Colleen Kollar-Kotelly on 2/1/2021.(psu1) (Entered: 02/01/2021) |
| 2021-02-01 | | Set/Reset Deadlines: Defendant's Summary Judgment Motion due by 3/25/2021. Response to Motion for Summary Judgment due by 5/4/2021. Reply to Motion for Summary Judgment due by 5/18/2021. (dot) (Entered: 02/01/2021) |
| 2021-02-08 | | Partial Filing Fee Received from James Graham in the amount of $14.00, receipt number: 403920708420. (fb) (Entered: 02/08/2021) |
| 2021-03-18 | 20 | MOTION to Amend/Correct Set/Reset Deadlines by UNITED STATES FEDERAL BUREAU OF INVESTIGATION. (Seabrook, April) (Entered: 03/18/2021) |
| 2021-03-22 | | Partial Filing Fee Received from James Martin Graham in the amount of $135.00, receipt number: 4616105049. (fb) Modified on 3/22/2021 to correct receipt #(fb). (Entered: 03/22/2021) |
| 2021-04-21 | 22 | RESPONSE filed by JAMES MARTIN GRAHAM. (ztd) (Entered: 04/27/2021) |
| 2021-04-21 | 23 | MOTION for Order or Injunctive Relief by JAMES MARTIN GRAHAM. (ztd); (See docket entry no. 22 to view.) (Entered: 04/27/2021) |
| 2021-04-23 | 21 | MOTION to Amend/Correct Set/Reset Deadlines, 20 MOTION to Amend/Correct Set/Reset Deadlines by UNITED STATES FEDERAL BUREAU OF INVESTIGATION. (Seabrook, April) (Entered: 04/23/2021) |
| 2021-04-27 | | MINUTE ORDER. Defendant's motions 20 21 to amend the briefing schedule in this FOIA action are GRANTED. The parties shall adhere to the following deadlines. Defendant's Motion for Summary Judgment is due on or before May 21, 2021; Plaintiff's Opposition is due on or before June 30, 2021; and Defendant's Reply, if needed, is due on or before July 21, 2021. Consequently, Plaintiff's pending motion 23 in his anticipatory opposition 22 , which seeks to compel the release of records, is DENIED as premature. SO ORDERED. Signed by Judge Colleen Kollar-Kotelly on 4/27/2021.(psu1) Modified on 4/27/2021 (psu1). (Entered: 04/27/2021) |
| 2021-04-27 | | Set/Reset Deadlines: Defendant's Summary Judgment Motion due by 5/21/2021. Response to Motion for Summary Judgment due by 6/30/2021. Reply to Motion for Summary Judgment due by 7/21/2021. (dot) (Entered: 04/28/2021) |
| 2021-05-04 | 24 | RESPONSE re 21 MOTION to Amend/Correct Set/Reset Deadlines, 20 MOTION to Amend/Correct Set/Reset Deadlines filed by JAMES MARTIN GRAHAM. (ztd) (Entered: 05/06/2021) |
| 2021-05-04 | 25 | MOTION for Default Judgment as to, MOTION for Summary Judgment, MOTION Injunctive Relief by JAMES MARTIN GRAHAM. (ztd); (See docket entry no. 24 to view.) (Entered: 05/06/2021) |
| 2021-05-18 | 26 | MOTION to Stay All Proceedings by UNITED STATES FEDERAL BUREAU OF INVESTIGATION. (Attachments: # 1 Exhibit 1 - Plea Agreement, # 2 Exhibit 2 - Plea Transcript, # 3 Exhibit 3 - Aug 2020 Comp. Motion, # 4 Exhibit 4 - April 2021 Comp. Motion)(Seabrook, April) (Entered: 05/18/2021) |
| 2021-06-01 | 30 | RESPONSE re 21 MOTION to Amend/Correct Set/Reset Deadlines, 20 MOTION to Amend/Correct Set/Reset Deadlines filed by JAMES MARTIN GRAHAM. (ztd) (Entered: 06/08/2021) |
| 2021-06-01 | 31 | MOTION for Order by JAMES MARTIN GRAHAM. (ztd); (See docket entry no. 30 to view.) (Entered: 06/08/2021) |
| 2021-06-02 | | MINUTE ORDER DENYING 26 MOTION TO STAY. Defendant has moved to stay these FOIA proceedings pending the outcome of plaintiff's post-conviction proceedings in the U.S. District Court for the Southern District of Georgia. FOIA's unambiguous language requires prompt disclosure of agency records save for unusual circumstances defined in the Act, see 5 U.S.C. § 552(a)(3)(A), (6)(B), but upon which the instant motion is not grounded. It is established, moreover, that "except in certain cases involving claims of privilege," U.S. Dep't of Def. v. Fed. Lab. Rels. Auth. , 510 U.S. 487, 496 (1994), a FOIA requester's identity and purpose for the disclosure are irrelevant to an agency's disclosure obligations, Clay v. U.S. Dep't of Justice , 680 F. Supp. 2d 239, 248 (D.D.C. 2010) (citing North v. Walsh , 881 F.2d 1088, 1096 (D.C. Cir. 1989)) (other citations omitted). See Stonehill v. I.R.S. , 558 F.3d 534, 538-39 (D.C. Cir. 2009) ("[W]hen a document must be disclosed under FOIA, it must be disclosed to the general public and the identity of the requester is irrelevant to whether disclosure is required."). Accordingly, Defendant's motion to stay is DENIED, and the briefing schedule is amended as follows. Defendant's motion for summary judgment is due on or before June 30, 2021; Plaintiff's opposition is due on or before August 11, 2021; Defendant's reply, if needed, is due on or before September 1, 2021. SO ORDERED. Signed by Judge Colleen Kollar-Kotelly on 6/2/2021.(psu1) (Entered: 06/02/2021) |
| 2021-06-02 | | MINUTE ORDER denying as baseless 25 Plaintiff's Motion for Default Judgment and related relief. SO ORDERED. Signed by Judge Colleen Kollar-Kotelly on 6/2/2021.(psu1) (Entered: 06/02/2021) |
| 2021-06-02 | | Set/Reset Deadlines: Defendant's Summary Judgment Motion due by 6/30/2021. Response to Motion for Summary Judgment due by 8/11/2021. Reply to Motion for Summary Judgment due by 9/1/2021. (dot) (Entered: 06/03/2021) |
| 2021-06-04 | 27 | MOTION to Amend/Correct Set/Reset Deadlines by UNITED STATES FEDERAL BUREAU OF INVESTIGATION. (Seabrook, April) (Entered: 06/04/2021) |
| 2021-06-04 | | MINUTE ORDER GRANTING MOTION TO AMEND. Upon consideration of defendant's motion 27 to amend the recently revised briefing schedule, the parties shall adhere to the following new deadlines. As proposed, Defendant's Motion for Summary Judgment is due on or before July 30, 2021; Plaintiff's Opposition is due on or before September 10, 2021; and Defendant's Reply, if needed, is due on or before October 1, 2021. No further extensions will be granted to the defendant except upon a showing of extraordinary circumstances, which the Court considers to be beyond those supporting the instant motion. SO ORDERED. Signed by Judge Colleen Kollar-Kotelly on 6/4/2021.(psu1) (Entered: 06/04/2021) |
| 2021-06-04 | | Set/Reset Deadlines: Defendant's Summary Judgment Motions due by 7/30/2021. Response to Motion for Summary Judgment due by 9/10/2021. Reply to Motion for Summary Judgment due by 10/1/2021. (dot) (Entered: 06/04/2021) |
| 2021-06-04 | 28 | RESPONSE re 27 MOTION to Amend/Correct Set/Reset Deadlines filed by JAMES MARTIN GRAHAM. (ztd). (Entered: 06/08/2021) |
| 2021-06-04 | 29 | MOTION for Default Judgment as to, MOTION for Summary Judgment, MOTION Injunctive Relief by JAMES MARTIN GRAHAM. (ztd); (See docket entry no. 28 to view.) (Entered: 06/08/2021) |
| 2021-06-08 | | MINUTE ORDER denying as baseless 29 Plaintiff's Motion for Default Judgment and related relief filed in response to Defendant's motion to amend the briefing schedule; and 31 Plaintiff's Motion for an Order to compel the same injunctive relief that is sought from the Complaint. SO ORDERED. Signed by Judge Colleen Kollar-Kotelly on 6/8/2021.(psu1) (Entered: 06/08/2021) |
| 2021-06-22 | | Partial Filing Fee Received from James Martin Graham in the amount of $25.21, receipt number: 200001. (fb) (Entered: 06/22/2021) |
| 2021-07-30 | 32 | MOTION for Summary Judgment by UNITED STATES FEDERAL BUREAU OF INVESTIGATION. (Attachments: # 1 Statement of Facts, # 2 Memorandum in Support, # 3 Exhibit 1 - Seidel Declaration (with Exhibits), # 4 Exhibit 2 - Mateo Declaration, # 5 Exhibit 3 - Plea Hrg Transcript, # 6 Exhibit 4 - First Mot for Release, # 7 Exhibit 5 - Second Mot for Release, # 8 Exhibit 6 - Sentencing Hrg Transcript, # 9 Exhibit 7 - Indictment, # 10 Certificate of Service)(Seabrook, April) (Entered: 07/30/2021) |
| 2021-08-04 | 33 | Order advising plaintiff to respond to defendant's motion for summary judgment by the scheduled deadline of September 10, 2021, or risk entry of judgment in defendant's favor or dismissal of the case for failure to prosecute (see document for details). Signed by Judge Colleen Kollar-Kotelly on 8/4/2021.(psu1) (Entered: 08/04/2021) |
| 2021-08-04 | | Set/Reset Deadlines: Plaintiff's Response to 32 Motion for Summary Judgment due by 9/10/2021. (dot) (Entered: 08/04/2021) |
| 2021-08-26 | 34 | Memorandum in opposition to re 32 MOTION for Summary Judgment filed by JAMES MARTIN GRAHAM. (Attachments: # 1 Envelope)(ztd) (Entered: 08/30/2021) |
| 2021-09-23 | 35 | MOTION for Extension of Time to File Response/Reply by UNITED STATES FEDERAL BUREAU OF INVESTIGATION. (Seabrook, April) (Entered: 09/23/2021) |
| 2021-09-29 | | MINUTE ORDER. Upon consideration of 35 Defendant's Motion for an Extension of Time, the motion is GRANTED. Defendant shall file its Reply on or before November 3, 2021. SO ORDERED. Signed by Judge Colleen Kollar-Kotelly on 9/29/2021.(psu1) (Entered: 09/29/2021) |
| 2021-09-29 | | Set/Reset Deadlines: Defendant's Reply to 32 Motion for Summary Judgment due by 11/3/2021. (dot) (Entered: 09/29/2021) |
| 2021-10-29 | 36 | MOTION for Extension of Time to File Response/Reply as to 32 MOTION for Summary Judgment by UNITED STATES FEDERAL BUREAU OF INVESTIGATION. (Attachments: # 1 Text of Proposed Order)(Seabrook, April) (Entered: 10/29/2021) |
| 2021-11-02 | | MINUTE ORDER. Defendant's motion 36 for an extension of time is GRANTED. Defendant shall file its reply to Plaintiff's opposition to summary judgment on or before November 19, 2021. SO ORDERED. Signed by Judge Colleen Kollar-Kotelly on 11/2/2021.(psu1) (Entered: 11/02/2021) |
| 2021-11-02 | | Set/Reset Deadlines: Defendant's Reply to 32 Motion for Summary Judgment due by 11/19/2021. (dot) (Entered: 11/02/2021) |
| 2021-11-17 | 37 | MOTION for Extension of Time to File Response/Reply by UNITED STATES FEDERAL BUREAU OF INVESTIGATION. (Seabrook, April) (Entered: 11/17/2021) |
| 2021-12-01 | | MINUTE ORDER. Defendant's motion 37 for an extension of time is GRANTED. Defendant shall file its reply to Plaintiff's opposition to summary judgment on or before December 3, 2021. SO ORDERED. Signed by Judge Colleen Kollar-Kotelly on 12/1/2021.(psu1) (Entered: 12/01/2021) |
| 2021-12-01 | | Set/Reset Deadlines: Defendant's Reply to 32 Motion for Summary Judgment due by 12/3/2021. (dot) (Entered: 12/01/2021) |
| 2021-12-03 | 38 | REPLY to opposition to motion re 32 MOTION for Summary Judgment filed by UNITED STATES FEDERAL BUREAU OF INVESTIGATION. (Attachments: # 1 Exhibit 8 - Magistrate R&R)(Seabrook, April) (Entered: 12/03/2021) |
| 2022-02-11 | 39 | ORDER granting 32 Defendant's Motion for Summary Judgment and entering judgment in favor of the defendant, for the reasons stated in the Memorandum Opinion issued separately this day. Signed by Judge Colleen Kollar-Kotelly on 2/11/2022.(psu1) (Entered: 02/11/2022) |
| 2022-02-11 | 40 | MEMORANDUM OPINION accompanying the final order issued separately this day. Signed by Judge Colleen Kollar-Kotelly on 2/11/2022.(psu1) (Entered: 02/11/2022) |
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