Case Detail

FOIA Project Annotation: Judge Carl Nichols has ruled that the FBI failed to show that pro se litigant Anthony Roberson failed to exhaust his administrative remedies or that his suit is barred by res judicata. Roberson, a Texas state prisoner, filed suit against the FBI to get records related to his criminal conviction. Roberson's first FOIA request consisted of 27 parts, which the FBI divided into three distinct subjects. Those were (1) the genetic loci showing the number of loci required to prove identity, (2) records of third parties, and (3) records pertaining to a laboratory file. Three days after receiving his request, the FBI responded with two letters informing Roberson that responsive records about the first subject were available on the FBI's public website and citing exemptions to justify nondisclosure of records related to the second request. Nineteen days later, the FBI disclosed 123 pages responsive to the third subject. When Roberson filed suit, the district court concluded that he failed to exhaust his administrative remedies. Several months later, Roberson submitted a second FOIA request. The FBI determined that request was for the same records he sought in his first request. As a result, the FBI acknowledged receipt of the second request, informed him that the records had been previously disclosed to him, and that an additional search did not locate any additional records. The agency administratively closed the second request but told Roberson that he could appeal the FBI's determination to the Office of Information Policy. OIP later told the FBI that it had no records of receiving Roberson's appeal regarding his second FOIA request. Roberson filed suit again and the FBI argued that he did not file an administrative appeal and that his first case precluded him from litigating the same issues again. Nichols found that Roberson had not failed to exhaust his administrative remedies. He noted that "here, the parties agree that the FBI responded to Roberson's FOIA request on August 6, 2020, which was more than 20 business days after it received the FOIA request on July2. The record supports (and the FBI does not dispute) that Roberson submitted his complaint to prison officials for mailing on August 4, 2020, which the Court treats as the relevant filing date under the mailbox rule. Because the FBI's August 6 response was neither within the 20-day statutory period nor before Roberson filed suit on August 4, the FBI has not shown that Roberson failed to constructively exhaust his administrative remedies." Nichols then found that res judicata did not apply either. He indicated that "although the two complaints at issue here raise similar causes of action based on the FBI's responses to similar FOIA requests, the FOIA requests were submitted â€" and deniedâ€"separately and years apart from each other. The lawsuits therefore challenge different agency determinations, and the current lawsuit challenges a determination that had not yet been made at the time of the first lawsuit."
Issues: Litigation - Jurisdiction - Failure to Exhaust

Date Filed	Doc #	Docket Text
2020-08-18		Initiating Pleading & IFP Application Received on 8/18/2020. A copy of the docket sheet has been mailed to the address of record for the pro se party. (adh, ) (Entered: 08/31/2020)
2020-08-18	1	COMPLAINT against FEDERAL BUREAU OF INVESTIGATION filed by ANTHONY ROBERSON. (Attachment: # 1 Exhibit)(adh, ) Modified on 11/10/2021 to edit docket text (znmg). (Entered: 08/31/2020)
2020-08-18	2	MOTION for Leave to Proceed in forma pauperis by ANTHONY ROBERSON (adh, ) Modified on 11/10/2021 to edit docket text (znmg). (Entered: 08/31/2020)
2020-09-29	3	PRO SE ORDER directing within 30 days of this Order, unless an extension of time is granted, plaintiff to provide a six month trust fund prisoner account statement and failure to comply will result in dismissal of case. Plaintiff shall provide the requested information specific within this order. Pro Se party has been notified by first class mail. Signed by Judge Rudolph Contreras on 9/29/2020. (adh, ) (Entered: 09/29/2020)
2020-10-27	4	PRISONER TRUST FUND ACCOUNT STATEMENT for period of six months by ANTHONY ROBERSON (Attachment: # 1 Exhibit) (adh, ) Modified on 11/10/2021 to edit docket text (znmg). (Entered: 10/30/2020)
2021-11-11	5	ORDER granting plaintiff's 2 motion for leave to proceed in forma pauperis and directing the Clerk of Court to assign this case randomly to a judge for further proceedings. Signed by Judge Colleen Kollar-Kotelly on 11/10/21. (psu2) (Entered: 11/11/2021)
2021-11-11		Case Assigned to Judge Carl J. Nichols. (znmg) (Entered: 11/17/2021)
2021-11-17	6	SUMMONS (3) Issued as to FEDERAL BUREAU OF INVESTIGATION, U.S. Attorney and U.S. Attorney General sent to the U.S. Marshal Service. (znmg) (Entered: 11/17/2021)
2021-11-29	7	NOTICE of Appearance by Patricia K. McBride on behalf of All Defendants (McBride, Patricia) (Entered: 11/29/2021)
2021-12-13	8	STANDING ORDER. Signed by Judge Carl J. Nichols on December 13, 2021. (lccjn1) (Entered: 12/13/2021)
2021-12-16	9	ENTERED IN ERROR.....MOTION for Extension of Time to by FEDERAL BUREAU OF INVESTIGATION. (McBride, Patricia) Modified on 12/16/2021 (zeg). (Entered: 12/16/2021)
2021-12-16		NOTICE OF CORRECTED DOCKET ENTRY: re 9 MOTION for Extension of Time to was entered in error and counsel was instructed to refile said pleading with correct case number. (zeg) (Entered: 12/16/2021)
2021-12-16	10	MOTION for Extension of Time to File Answer by FEDERAL BUREAU OF INVESTIGATION. (McBride, Patricia) (Entered: 12/16/2021)
2021-12-20		MINUTE ORDER. Upon consideration of Defendant's 10 Motion for an Extension of Time, it is ORDERED that the Motion is GRANTED. It is further ORDERED that the Defendant shall respond to the Complaint by February 16, 2022. Signed by Judge Carl J. Nichols on December 20, 2021. (lccjn1) (Entered: 12/20/2021)
2022-02-16	11	MOTION to Dismiss , MOTION for Summary Judgment by FEDERAL BUREAU OF INVESTIGATION. (Attachments: # 1 Exhibit 1-Seidel Declaration, # 2 Exhibit 2-Mem. Opinion, # 3 Exhibit 3-Appeal, # 4 Exhibit 4-Complaint 18-1993)(McBride, Patricia) (Entered: 02/16/2022)
2022-02-17	12	ORDER. Signed by Judge Carl J. Nichols on February 17, 2022. (lccjn1) (Entered: 02/17/2022)
2022-02-17		Set/Reset Deadlines: Response due by 3/16/2022. Summary Judgment Motion due by 3/16/2022. (zcal) (Entered: 02/18/2022)
2022-03-16	13	RESPONSE re 11 MOTION to Dismiss MOTION for Summary Judgment filed by ANTHONY ROBERSON. (Attachment: # 1 Exhibits)(zeg) (Entered: 03/23/2022)
2022-04-01	14	MOTION for Leave to File MTE by FEDERAL BUREAU OF INVESTIGATION. (McBride, Patricia) (Entered: 04/01/2022)
2022-04-05		MINUTE ORDER. Upon consideration of the Defendant's 14 Motion for Leave to File/For Extension of Time, it is ORDERED that the Motion is GRANTED. It is further ORDERED that Defendant's Reply is due on or before May 5, 2022. Signed by Judge Carl J. Nichols on April 5, 2022. (lccjn1) (Entered: 04/05/2022)
2022-04-22	15	RESPONSE re 14 MOTION for Leave to File MTE filed by ANTHONY ROBERSON. (zeg) (Entered: 04/28/2022)
2022-05-04	16	REPLY to opposition to motion re 11 MOTION to Dismiss MOTION for Summary Judgment filed by FEDERAL BUREAU OF INVESTIGATION. (McBride, Patricia) (Entered: 05/04/2022)
2022-10-10	17	ORDER denying 11 Motion for Summary Judgment. Signed by Judge Carl J. Nichols on October 10, 2022. (lccjn1) (Entered: 10/10/2022)
2022-10-10	18	MEMORANDUM OPINION. Signed by Judge Carl J. Nichols on October 10, 2022. (lccjn1) (Entered: 10/10/2022)
2023-05-05		MINUTE ORDER. On October 10, 2022, the Court denied Defendant's 11 Motion to Dismiss or in the Alternative for Summary Judgment, which the Court construed as a Motion for Summary Judgment. Defendant has not filed an answer to the Complaint, and there has been no other activity in this matter. It is therefore ORDERED that the Parties shall file, by June 5, 2023, a joint status report informing the Court of the status of this case, including a proposal for further proceedings, if any. Signed by Judge Carl J. Nichols on May 5, 2023. (lccjn1) (Entered: 05/05/2023)
2023-06-05	19	NOTICE by FEDERAL BUREAU OF INVESTIGATION (McBride, Patricia) (Entered: 06/05/2023)
2023-06-05	20	ANSWER to 1 Complaint by FEDERAL BUREAU OF INVESTIGATION.(McBride, Patricia) (Entered: 06/05/2023)
2023-06-05	21	RESPONSE TO ORDER OF THE COURT re Status Report Order filed by ANTHONY ROBERSON. (zed) (Entered: 06/07/2023)
2023-06-12		MINUTE ORDER. Before the Court are this incarcerated Plaintiff's pro se Complaint and the Defendant's Answer. The requirements of Local Civil Rule 16.3 and Federal Rule of Civil Procedure Rule 26(f) do not apply. It is hereby ORDERED that the Defendant shall file a status report by June 26, 2023 to include: (1) the status of Plaintiff's FOIA request; (2) the anticipated number of documents responsive to Plaintiff's FOIA request; (3) the anticipated dates for release of the documents requested by Plaintiff; (4) whether a motion for stay is likely under Open America v. Watergate Special Prosecution Force , 547 F.2d 605 (D.C. Cir. 1976); (5) the possibility of prioritizing documents responsive to Plaintiff's request and any discussions regarding whether Plaintiff's request can be narrowed; and (6) whether the Parties anticipate summary judgment briefing and, if so, a proposed briefing schedule. Signed by Judge Carl J. Nichols on June 12, 2023. (lccjn1) (Entered: 06/12/2023)
2023-06-22	22	STATUS REPORT by FEDERAL BUREAU OF INVESTIGATION. (McBride, Patricia) (Entered: 06/22/2023)
2023-06-28		MINUTE ORDER. Upon review of the Defendant's 22 Status Report, it is ORDERED that the Defendant shall file its Motion for Summary Judgment by August 26, 2023. Additional briefing deadlines will be set by further order of the Court. Signed by Judge Carl J. Nichols on June 28, 2023. (lccjn1) (Entered: 06/28/2023)
2023-08-22	23	MOTION for Extension of Time to file motion for summary judgment by FEDERAL BUREAU OF INVESTIGATION. (Attachments: # 1 Text of Proposed Order)(McBride, Patricia) (Entered: 08/22/2023)
2023-08-23		MINUTE ORDER: Upon consideration of Defendant's 23 MOTION for Extension of Time, it is ORDERED that the motion is GRANTED in part and DENIED in part. It is further ORDERED that Defendant shall file its motion for summary judgment by September 26, 2023. Additional briefing deadlines will be set by further order of the Court. Signed by Judge Carl J. Nichols on August 23, 2023. (lccjn1) Modified on 8/23/2023 to include Minute Order text (zcam). (Entered: 08/23/2023)
2023-09-21	24	MOTION for Extension of Time to File by FEDERAL BUREAU OF INVESTIGATION. (McBride, Patricia) (Entered: 09/21/2023)
2023-09-22		MINUTE ORDER. Upon consideration of the 24 Motion for Extension of Time, it is hereby ORDERED that the Motion is GRANTED. It is further ORDERED that Defendant shall file its motion for summary judgment by October 6, 2023. Signed by Judge Carl J. Nichols on September 22, 2023. (lccjn1) (Entered: 09/22/2023)
2023-10-05	25	MOTION for Extension of Time to File by FEDERAL BUREAU OF INVESTIGATION. (McBride, Patricia) (Entered: 10/05/2023)
2023-10-06		MINUTE ORDER. Upon consideration of Defendant's 25 Motion for Extension of Time, it is hereby ORDERED that the Motion is GRANTED. It is further ORDERED that Defendant shall file its Motion for Summary Judgment by October 12, 2023. The Court does not anticipate that it will grant another Motion for Extension of Time. So ORDERED by Judge Carl J. Nichols on October 6, 2023. (lccjn1) (Entered: 10/06/2023)
2023-10-12	26	MOTION for Summary Judgment by FEDERAL BUREAU OF INVESTIGATION. (Attachments: # 1 Declaration, # 2 Exhibit Index, # 3 Exhibit)(McBride, Patricia) Modified event on 10/16/2023 (mg). (Entered: 10/12/2023)
2023-10-13	27	ORDER advising Plaintiff to respond or Court may deem matter as conceded. Responses due by 11/13/2023. Signed by Judge Carl J. Nichols on October 13, 2023. (lccjn1) (Entered: 10/13/2023)
2023-11-13	28	Memorandum in opposition to re 26 Motion for Summary Judgment filed by ANTHONY ROBERSON. (Attachments: # 1 Exhibit)(mg) (Entered: 11/16/2023)
2023-11-27	29	MOTION for Leave to File by FEDERAL BUREAU OF INVESTIGATION. (McBride, Patricia) (Entered: 11/27/2023)
2023-11-29		MINUTE ORDER. Upon consideration of 29 the Government's Motion for Leave to File, it is hereby ORDERED that the Motion is GRANTED. It is further ORDERED that the Government shall file its Reply on or before January 18, 2024. So ORDERED by Judge Carl J. Nichols on November 29, 2023. (lccjn1) (Entered: 11/29/2023)
2024-01-18	30	MOTION for Extension of Time to File Response/Reply by FEDERAL BUREAU OF INVESTIGATION. (McBride, Patricia) (Entered: 01/18/2024)
2024-01-19		MINUTE ORDER. Upon consideration of the 30 Motion for Extension of Time, it is hereby ORDERED that the Motion is GRANTED nunc pro tunc. It is further ORDERED that Defendant shall file its reply on or before January 26, 2024. So ORDERED by Judge Carl J. Nichols on January 19, 2024. (lccjn1) (Entered: 01/19/2024)
2024-01-25	31	MOTION for Extension of Time to File Response/Reply by FEDERAL BUREAU OF INVESTIGATION. (McBride, Patricia) (Entered: 01/25/2024)
2024-01-26		MINUTE ORDER. Upon consideration of the 31 Motion for Extension of Time, it is hereby ORDERED that the Motion is GRANTED. It is further ORDERED that Defendant shall file its reply on or before February 8, 2024. The Court will not look favorably on further extension motions. So ORDERED by Judge Carl J. Nichols on January 26, 2024. (lccjn1) (Entered: 01/26/2024)
2024-02-08	32	REPLY to opposition to motion re 26 MOTION for Summary Judgment filed by FEDERAL BUREAU OF INVESTIGATION. (McBride, Patricia) (Entered: 02/08/2024)
2024-02-26	33	MOTION to Strike re 26 Motion for Summary Judgment filed by ANTHONY ROBERSON. (zdp) Modified even title on 3/29/2024 (znmw). (Entered: 02/29/2024)
2024-02-26	34	MOTION for Compensation by ANTHONY ROBERSON (zdp) Modified event on 3/29/2024 (znmw). (Entered: 02/29/2024)
2024-03-07	35	MOTION for Leave to File by FEDERAL BUREAU OF INVESTIGATION. (McBride, Patricia) (Entered: 03/07/2024)
2024-03-08		MINUTE ORDER. Upon consideration of the 35 Motion for Extension of Time, it is hereby ORDERED that the Motion is GRANTED. It is further ORDERED that Defendant shall respond to the 33 Motion to Strike and 34 Application for Compensation on or before March 29, 2024. So ORDERED by Judge Carl J. Nichols on March 8, 2024. (lccjn1) (Entered: 03/08/2024)
2024-03-28	36	RESPONSE re 33 Motion to Strike, 34 Motion for Compensation filed by FEDERAL BUREAU OF INVESTIGATION. (McBride, Patricia) Modified links on 3/29/2024 (znmw). (Entered: 03/28/2024)
2024-08-05	37	ORDER granting 26 Motion for Summary Judgment, denying 33 Motion to Strike, and denying 34 Motion for Compensation. Signed by Judge Carl J. Nichols on August 5, 2024. (lccjn1) (Entered: 08/05/2024)
2024-08-26	38	NOTICE of Change of Address by ANTHONY ROBERSON (zdp) (Entered: 08/27/2024)
Hide Docket Events