Case Detail

FOIA Project Annotation: A federal court in Texas has ruled that various components of the Department of Justice conducted an adequate search for records requested by Eric Matthews, who was incarcerated at the federal correctional facility in Bastrop, Texas after being convicted of using a computer to attempt to entice a minor to engage in sexual activity and distribution of child pornography via a computer. He sent two requests to the Executive Office for U.S. Attorneys for emails related to his criminal case number, four requests to the Bureau of Prisons â€" three for records relating to food services and one for records relating to his psychological records â€" one request to the Office of the Legal Counsel at DOJ for records related to legislation in 80th Congress from 1947-1948. Another request was sent to the Office of the President for records pertaining to legislation in the 80th Congress, while the last was sent to Naval Criminal Investigative Services for records concerning any related search warrant subpoenas. None of the agencies responded within the statutory time limit and Matthews filed suit. EOUSA, BOP, and OLC all responded to Matthews' requests after he filed suit. As a result, the court noted that "Matthews' timeliness claims against them were rendered moot." Matthews argued that a live controversy existed because the agencies had failed to disclose all the records he requested. But the court pointed out that "his claims challenging the adequacy of the agencies' production, however, have not been exhausted administratively. Absent proof of exhaustion or extraordinary circumstances, the Court lacks subject matter jurisdiction over Matthews' FOIA claims challenging the adequacy of production. There is no evidence, and Matthews does not argue, that this case presents an extraordinary circumstance in which exhaustion of administrative remedies is futile." The court then dismissed Matthews' request to EOP, noting that "because the Office of the President is not subject to FOIA, the Court lacks jurisdiction over Matthews' claim." NCIS originally told Matthews that it could find no responsive records, but after Matthews appealed that decision, NCIS agreed to search several databases for emails. However, the agency found that "2007 emails were not searchable due to an intervening change in server ownership and a policy of permanently deleting emails after two years." Dismissing the claims against NCIS, the court found that "there is no genuine issue of material fact that NCIS's search in response to Matthews' request was adequate and reasonable." The court added that "Matthews' contention that responsive documents must exist does not create a genuine issue of material fact."
Issues: Adequacy - Search

Date Filed	Doc #	Docket Text
2020-04-08	1	COMPLAINT, filed by Eric Martin Matthews. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Civil Cover Sheet, Cover Letters and Envelope)(cj) (Entered: 04/09/2020)
2020-04-08	2	MOTION to Proceed in forma pauperis by Eric Martin Matthews.. Motions referred to Judge Susan Hightower. (cj) (Entered: 04/09/2020)
2020-04-08	3	MOTION to Direct United States Marshalls to Effect Service by Eric Martin Matthews. (Attachments: # 1 Summons). Motions referred to Judge Susan Hightower. (cj) (Entered: 04/09/2020)
2020-04-08	4	NOTICE, Consent, and Reference of a Civil Action to a Magistrate Judge by Eric Martin Matthews (Attachments: # 1 Notices for Defendents - unsigned)(cj) (Entered: 04/09/2020)
2020-04-08	5	Certificate of Interested Parties by Eric Martin Matthews. (cj) (Entered: 04/09/2020)
2020-04-08	6	NOTICE of Understanding by Eric Martin Matthews (cj) (Entered: 04/09/2020)
2020-04-08		Case assigned to Judge Robert Pitman. CM WILL NOW REFLECT THE JUDGE INITIALS AS PART OF THE CASE NUMBER. PLEASE APPEND THESE JUDGE INITIALS TO THE CASE NUMBER ON EACH DOCUMENT THAT YOU FILE IN THIS CASE. (cj) (Entered: 04/09/2020)
2020-04-08		CASE REFERRED to Magistrate Judge Susan Hightower. (cj) (Entered: 04/09/2020)
2020-04-09	7	Case Opening Letter mailed to Eric Martin Matthews. (cj) (Entered: 04/09/2020)
2020-04-14	8	ORDER GRANTING Plaintiff's Application to Proceed in Forma Pauperis and Directing Monthly Payments be made from Prison Account of Eric Martin Matthews #75804-004. The Court has assessed that Plaintiff must pay an initial partial filing fee of $16.41. ORDER that issuance of service of process shall be commenced by the United States Marshal on the United States Attorneys' Office in San Antonio, Texas, and the Attorney General of the United States at Washington, District of Columbia. Signed by Judge Susan Hightower. (lt) (Entered: 04/15/2020)
2020-04-15	9	Summons Issued as to Defendants, U.S. Attorney and U.S. Attorney General. (lt) (Entered: 04/15/2020)
2020-04-17	10	Amended Emergency Order in Light of the COVID-19 Pandemic (Entered: 04/17/2020)
2020-04-20	11	SUMMONS Returned Executed as to Defendants, U.S. Attorney and U.S. Attorney General (lt) (Additional attachment(s) added on 4/23/2020: # 1 Notice and Acknowledgment of Receipt of Summons and Complaint by Mail) (lt). (Entered: 04/20/2020)
2020-04-20	12	Request from U.S. Marshal Service for reimbursement of expenses in the amount of $23.70 for summons served. (lt) (Entered: 04/20/2020)
2020-05-05	13	MOTION to Suspend Proceedings by Eric Martin Matthews. Motions referred to Judge Susan Hightower. (lt) (Entered: 05/06/2020)
2020-05-05	14	MOTION to Amend Counts One and Two and Add Additional FOIA Request by Eric Martin Matthews.. Motions referred to Judge Susan Hightower. (lt) (Entered: 05/06/2020)
2020-05-06	15	Partial Filing fee received in the amount of $16.41, receipt number 100038436 (IPFF $16.41) (lt) (Entered: 05/06/2020)
2020-05-07	16	Notice of Filing CERTIFICATE OF SERVICE by Eric Martin Matthews re 13 MOTION to Suspend Proceedings. (lt) (Entered: 05/07/2020)
2020-05-07	17	Notice of Filing CERTIFICATE OF SERVICE by Eric Martin Matthews re 14 MOTION to Amend. (lt) (Entered: 05/07/2020)
2020-06-12	18	MOTION Renewed Motion for Case Suspension and Amendments to FOIA Suit with Alternative for Injunction by Eric Martin Matthews.. Motions referred to Judge Susan Hightower. (lt) (Entered: 06/12/2020)
2020-06-16	19	ANSWER to 1 Complaint, . Attorney James Edward Dingivan added to party Executive Office for the United States Attorneys(pty:dft), Attorney James Edward Dingivan added to party Federal Bureau of Prisons(pty:dft), Attorney James Edward Dingivan added to party Office of Legal Counsel(pty:dft), Attorney James Edward Dingivan added to party Office of the Judge Advocate General(pty:dft), Attorney James Edward Dingivan added to party Office of the President(pty:dft) by Executive Office for the United States Attorneys, Federal Bureau of Prisons, Office of Legal Counsel, Office of the Judge Advocate General, Office of the President.(Dingivan, James) (Entered: 06/16/2020)
2020-06-19	20	NOTICE of Attorney Vacation by Executive Office for the United States Attorneys, Federal Bureau of Prisons, Office of Legal Counsel, Office of the Judge Advocate General, Office of the President (Dingivan, James) (Entered: 06/19/2020)
2020-06-23	21	Second Amended Emergency Order in Light of the COVID-19 Pandemic (Entered: 06/23/2020)
2020-06-29	22	Plaintiff's RESPONSE to 19 Answer to Complaint, by Eric Martin Matthews. (Attachments: # 1 Exhibit, # 2 Envelope)(lt) (Entered: 06/29/2020)
2020-06-30	23	ORDER DISMISSING as moot Plaintiff's 13 Motion to Suspend Proceedings, Plaintiff's 14 Motion for Leave to Amend, and Plaintiff's 18 Renewed Motion for Case Suspension and Leave to Amend. Signed by Judge Susan Hightower. (lt) (Entered: 06/30/2020)
2020-07-08	24	RESPONSE to 21 Order by Eric Martin Matthews. (lt) (Entered: 07/08/2020)
2020-07-14	25	MOTION to Consider Counts One and Two Complete by Eric Martin Matthews. Motions referred to Judge Susan Hightower. (lt) (Entered: 07/15/2020)
2020-07-24	26	Scheduling Recommendations/Proposed Scheduling Order Defendants' Proposed Scheduling & Docket Control Order by Executive Office for the United States Attorneys, Federal Bureau of Prisons, Office of Legal Counsel, Office of the Judge Advocate General, Office of the President. (Dingivan, James) (Entered: 07/24/2020)
2020-08-07	27	RESPONSE to 26 Scheduling Recommendations/Proposed Scheduling Order, by Eric Martin Matthews. (lt) (Entered: 08/07/2020)
2020-08-07	28	ORDER DISMISSING AS MOOT 25 Plaintiff's Motion to Consider Counts One andTwo Complete. Signed by Judge Susan Hightower. (lt) (Entered: 08/07/2020)
2020-08-11	29	SCHEDULING AND DOCKET CONTROL ORDER: The deadline for Plaintiff to file a motion seeking leave to amend pleadings; or to join parties is August 13, 2020. The deadline for Defendants to file a motion seeking leave to amend pleadings is September 3, 2020. The deadline to file motions (including dispositive motions) is October 30, 2020. Signed by Judge Robert Pitman. (lt) (Entered: 08/11/2020)
2020-08-24	30	MOTION to Direct Defendant(s) to Preserve Documents by Eric Martin Matthews.. Motions referred to Judge Susan Hightower. (lt) (Entered: 08/24/2020)
2020-09-08	31	MOTION to Consolidate Cases by Eric Martin Matthews.. Motions referred to Judge Susan Hightower. (lt) (Entered: 09/09/2020)
2020-09-15	32	RESPONSE to Motion, filed by Executive Office for the United States Attorneys, Federal Bureau of Prisons, Office of Legal Counsel, Office of the Judge Advocate General, Office of the President, re 31 MOTION to Consolidate Cases filed by Plaintiff Eric Martin Matthews (Attachments: # 1 Proposed Order)(Dingivan, James) (Entered: 09/15/2020)
2020-09-20	33	ORDER that Defendants file a response to Plaintiff's Motion to Direct Defendants to Preserve Documents by October 2, 2020. Signed by Judge Susan Hightower. (lt) (Entered: 09/21/2020)
2020-09-20	34	ORDER DENYING Plaintiff's 31 Motion to Consolidate Cases. Signed by Judge Susan Hightower. (lt) (Entered: 09/21/2020)
2020-09-23	35	REPLY to Response to Motion, filed by Eric Martin Matthews, re 31 MOTION to Consolidate Cases filed by Plaintiff Eric Martin Matthews (lt) (Entered: 09/23/2020)
2020-10-02	36	RESPONSE to Motion, filed by Executive Office for the United States Attorneys, Federal Bureau of Prisons, Office of Legal Counsel, Office of the Judge Advocate General, Office of the President, re 30 MOTION to Direct Defendants to Preserve Documents filed by Plaintiff Eric Martin Matthews (Attachments: # 1 Proposed Order)(Dingivan, James) (Entered: 10/02/2020)
2020-10-06	37	ORDER GRANTING Plaintiff's 30 Motion to Direct Defendant(s) to Preserve Documents. Defendants are hereby ORDERED to refrain from destroying any of the documents responsive to Counts Three and Four of Plaintiff's FOIA Request. Signed by Judge Susan Hightower. (lt) (Entered: 10/06/2020)
2020-10-13	38	REPLY to Response to Motion, filed by Eric Martin Matthews, re 30 MOTION to Direct Defendants to Preserve Documents filed by Plaintiff Eric Martin Matthews (lt) (Entered: 10/13/2020)
2020-10-13	39	MOTION for Summary Judgment by Eric Martin Matthews.. Motions referred to Judge Susan Hightower. (lt) (Entered: 10/13/2020)
2020-10-27	40	MOTION for Extension of Time to File Response/Reply as to 39 MOTION for Summary Judgment by Executive Office for the United States Attorneys, Federal Bureau of Prisons, Office of Legal Counsel, Office of the Judge Advocate General, Office of the President. (Attachments: # 1 Proposed Order). Motions referred to Judge Susan Hightower. (Dingivan, James) (Entered: 10/27/2020)
2020-10-27	41	ORDER GRANTING Defendants' 40 Motion for Extension of Time in Which to Respond to Plaintiff's Motion for Summary Judgment. Signed by Judge Susan Hightower. (lt) (Entered: 10/28/2020)
2020-10-27	42	SUPPLEMENT to 39 MOTION for Summary Judgment by Eric Martin Matthews. (lt) Modified on 10/28/2020 t correct file date (lt). (Entered: 10/28/2020)
2020-10-30	43	MOTION to Dismiss for Lack of Jurisdiction Defendants' Motion to Dismiss for Lack of Subject Matter Jurisdiction and for Summary Judgment by Executive Office for the United States Attorneys, Federal Bureau of Prisons, Office of Legal Counsel, Office of the Judge Advocate General, Office of the President. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 2-1, # 4 Exhibit 2-2, # 5 Exhibit 2-3, # 6 Exhibit 2-4, # 7 Exhibit 2-5, # 8 Exhibit 2-6, # 9 Exhibit 2-7, # 10 Exhibit 2-8, # 11 Exhibit 2-9, # 12 Exhibit 3). Motions referred to Judge Susan Hightower. (Dingivan, James) (Entered: 10/30/2020)
2020-11-02	44	Second SUPPLEMENT to 39 MOTION for Summary Judgment by Eric Martin Matthews. (lt) (Entered: 11/03/2020)
2020-11-10	45	RESPONSE to Motion, filed by Executive Office for the United States Attorneys, Federal Bureau of Prisons, Office of Legal Counsel, Office of the Judge Advocate General, Office of the President, re 39 MOTION for Summary Judgment filed by Plaintiff Eric Martin Matthews (Dingivan, James) (Entered: 11/10/2020)
2020-11-12	46	RESPONSE to Motion, filed by Eric Martin Matthews, re 40 MOTION for Extension of Time to File Response/Reply as to 39 MOTION for Summary Judgment filed by Defendant Federal Bureau of Prisons, Defendant Office of Legal Counsel, Defendant Office of the Judge Advocate General, Defendant Office of the President, Defendant Executive Office for the United States Attorneys (lt) (Entered: 11/12/2020)
2020-11-17	47	RESPONSE to Motion, filed by Eric Martin Matthews, re 43 MOTION to Dismiss for Lack of Jurisdiction Defendants' Motion to Dismiss for Lack of Subject Matter Jurisdiction and for Summary Judgment filed by Defendant Federal Bureau of Prisons, Defendant Office of Legal Counsel, Defendant Office of the Judge Advocate General, Defendant Office of the President, Defendant Executive Office for the United States Attorneys. (jv2) (Entered: 11/18/2020)
2020-12-21	48	Letter mailed to Eric Matthews. (cj) (Entered: 12/21/2020)
2021-05-10	49	REPORT AND RECOMMENDATIONS re 43 Motion to Dismiss/Lack of Jurisdiction,, filed by Federal Bureau of Prisons, Office of Legal Counsel, Office of the Judge Advocate General, Office of the President, Executive Office for the United States Attorneys and 39 Motion for Summary Judgment filed by Eric Martin Matthews. Signed by Judge Susan Hightower. (cc3) (Entered: 05/11/2021)
2021-05-11	50	Certified Mail Receipt of 49 Report and Recommendations sent to Eric Martin Matthews. (cc3) (Entered: 05/11/2021)
2021-06-02	51	OBJECTION to 49 Report and Recommendations filed by Eric Martin Matthews. (cc3) (Entered: 06/02/2021)
2021-06-02	52	Certified mail acknowledgment receipt for magistrate report and recommendations as to Eric Matthews. (cc3) (Entered: 06/02/2021)
2021-06-14	53	RESPONSE Defendants' Opposition to Plaintiff's Objection to Magistrate's Report and Recommendation to 51 Objection to Report and Recommendations by Executive Office for the United States Attorneys, Federal Bureau of Prisons, Office of Legal Counsel, Office of the Judge Advocate General, Office of the President. (Dingivan, James) (Entered: 06/14/2021)
2021-07-07	54	ORDER ADOPTING REPORT AND RECOMMENDATIONS; GRANTING 43 Motion to Dismiss for Lack of Subject Matter Jurisdiction and for Summary Judgment; ADOPTING 49 Report and Recommendations and DISMISSING AS MOOT 39 Motion for Summary Judgment. Signed by Judge Robert Pitman. (cc3) (Entered: 07/08/2021)
2021-07-07	55	FINAL JUDGMENT. Signed by Judge Robert Pitman. (cc3) (Entered: 07/08/2021)
Hide Docket Events