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Case TitleHooker v. Department of Veterans Affairs
DistrictMiddle District of Florida
CityTampa
Case Number8:2022cv00956
Date Filed2022-04-22
Date Closed2023-02-10
JudgeJudge Charlene Edwards Honeywell
PlaintiffCarlton Eugene Hooker, Jr.
Case DescriptionCarlton Hooker submitted a FOIA request to the Department of Veterans Affairs for records concerning a police investigation report pertaining to an incident in which he was unlawfully detained by VA police. The agency acknowledged receipt of the request. The agency located responsive records but refused to disclose them. Hooker filed an administrative appeal, but after hearing nothing further from the agency, Hooker filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Recovery of Costs

DefendantDepartment of Veterans Affairs
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Opinion/Order [14]
Opinion/Order [24]
Opinion/Order [31]
Opinion/Order [33]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2022-04-221COMPLAINT against Department of Veterans Affairs filed by Carlton Eugene Hooker, Jr. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Proposed Summons, # 4 Civil Cover Sheet) (No filing fee paid; No IFP)(BD) (Entered: 04/25/2022)
2022-04-272NOTICE of Local Rule 1.07(c), Local Rule 3.02(a)(2), and Local Rule 3.03. -Local Rule 1.07(c) requires lead counsel to promptly file a Notice of a Related Action that identifies and describes any related action pending in the Middle District or elsewhere. -Local Rule 3.02(a)(2) requires the parties in every civil proceeding, except those described in subsection (d), to file a case management report (CMR) using the uniform form at www.flmd.uscourts.gov. The CMR must be filed (1) within forty days after any defendant appears in an action originating in this court, (2) within forty days after the docketing of an action removed or transferred to this court, or (3) within seventy days after service on the United States attorney in an action against the United States, its agencies or employees. Judges may have a special CMR form for certain types of cases. These forms can be found at www.flmd.uscourts.gov under the Forms tab for each judge. -Local Rule 3.03 requires each party to file a disclosure statement with the first appearance that identifies (1) each person that has or might have an interest in the outcome, (2) each entity with publicly traded shares or debt potentially affected by the outcome, (3) each additional entity likely to actively participate, and (4) each person arguably eligible for restitution. The disclosure statement must include this certification - I certify that, except as disclosed, I am unaware of an actual or potential conflict of interest affecting the district judge or the magistrate judge in this action, and I will immediately notify the judge in writing within fourteen days after I know of a conflict. (Signed by Deputy Clerk). (BGS) (Entered: 04/27/2022)
2022-04-273NOTICE informing the parties that they may consent to the jurisdiction of a United States magistrate judge by filing Form AO 85 Notice, Consent, and Reference of a Civil Action to a Magistrate Judge using the event Consent to Jurisdiction of US Magistrate Judge . (Signed by Deputy Clerk). (BGS) (Entered: 04/27/2022)
2022-04-29FEES Paid by Carlton Eugene Hooker, Jr. (Filing fee $402.00, Receipt Number TPA066367). (ARC) Modified text on 5/2/2022 (JNB). (Entered: 04/29/2022)
2022-04-294SUMMONS issued as to Department of Veterans Affairs. (SEG) (Entered: 04/29/2022)
2022-05-025NOTICE of Pendency of Other Actions by Carlton Eugene Hooker, Jr. Related case(s): Yes (BD) (Entered: 05/02/2022)
2022-05-076NOTICE of a related action per Local Rule 1.07(c) by Carlton Eugene Hooker, Jr. Related case(s): Yes (BD) (Entered: 05/09/2022)
2022-05-077MOTION to Consolidate Cases by Carlton Eugene Hooker, Jr. (BD) (Entered: 05/09/2022)
2022-05-188PROOF of Service on 4/30/22 via Priority Mail as to U.S. Attorney's Office by Carlton Eugene Hooker, Jr. (BD) (Entered: 05/18/2022)
2022-05-189PROOF of Service on 5/2/22 via Priority Mail as to Department of Veterans Affairs by Carlton Eugene Hooker, Jr. (BD) (Entered: 05/18/2022)
2022-05-1810PROOF of Service on 5/2/22 via Priority Mail as to U.S. Attorney General by Carlton Eugene Hooker, Jr. (BD) (Entered: 05/18/2022)
2022-05-3111MOTION for Extension of Time to File Response to FOIA Complaint by Department of Veterans Affairs. (Harwell, Lacy) Motions referred to Magistrate Judge Sean P. Flynn. (Entered: 05/31/2022)
2022-06-0212ENDORSED ORDER granting 11 Motion for Extension of Time to File Answer. Defendant shall answer or otherwise respond to the Complaint by July 1, 2022. Signed by Magistrate Judge Sean P. Flynn on 6/2/2022. (Flynn, Sean) (Entered: 06/02/2022)
2022-06-0513MOTION to Recuse Judge and Response to 11 Motion for Extension of Time by Carlton Eugene Hooker, Jr. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(BD) (Entered: 06/06/2022)
2022-06-0814ORDER denying 13 Motion to Disqualify Judge. Signed by Magistrate Judge Sean P. Flynn on 6/8/2022. (Flynn, Sean) (Entered: 06/08/2022)
2022-06-0915MOTION to Disqualify Judge by Carlton Eugene Hooker, Jr. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(BD) (Entered: 06/09/2022)
2022-06-0916ENDORSED ORDER denying 15 Motion to Disqualify Judge for the reasons stated in its previous 14 order. Signed by Magistrate Judge Sean P. Flynn on 6/9/2022. (Flynn, Sean) (Entered: 06/09/2022)
2022-07-0117ANSWER and affirmative defenses to 1 Complaint by Department of Veterans Affairs.(Harwell, Lacy) (Entered: 07/01/2022)
2022-07-0118Case Reassigned to Magistrate Judge Mac R. McCoy. New case number: 8:22-cv-00956-CEH-MRM. Magistrate Judge Sean P. Flynn no longer assigned to the case. (SAO) (Entered: 07/01/2022)
2022-07-0819ORDERED: Defendant's Motion to Consolidate Cases 7 is DENIED. Signed by Judge Charlene Edwards Honeywell on 7/8/2022. (JDE) (Entered: 07/08/2022)
2022-07-0920MOTION for Court Order Demanding Release of Improperly Withheld Records by Carlton Eugene Hooker, Jr. (Attachments: # 1 Email, # 2 Letter from VA)(BD) (Entered: 07/11/2022)
2022-07-1921ORDERED: Plaintiff's Motion for Court Order Demanding Release of Improperly Withheld Records not Under FOIA Exemption 7(A) 20 is DENIED, without prejudice. Signed by Judge Charlene Edwards Honeywell on 7/19/2022. (JDE) (Entered: 07/19/2022)
2022-07-2322SECOND MOTION for Court Order Demanding Release of Improperly Withheld Records by Carlton Eugene Hooker, Jr. (Attachments: # 1 Email, # 2 Letter from VA)(BD) (Entered: 07/25/2022)
2022-07-2623CERTIFICATION re 22 SECOND MOTION for Court Order Demanding Release of Improperly Withheld Records by Carlton Eugene Hooker, Jr. (Attachments: # 1 Email)(BD) (Entered: 07/26/2022)
2022-07-2924ORDERED: Plaintiff's Second Motion for Court Order Demanding Release of Improperly Withheld Records Not Under FOIA Exemption 7(A) 22 is DENIED as moot. Per the email from counsel for the VA, the records have been produced. Signed by Judge Charlene Edwards Honeywell on 7/29/2022. (JDE) (Entered: 07/29/2022)
2022-08-0425MOTION for Miscellaneous Relief, specifically for court order demanding proof of compliance for release of improperly withheld records not under FOIA by Carlton Eugene Hooker, Jr. (Attachments: # 1 Proposed complaint, # 2 Exhibit)(JNB) (Entered: 08/04/2022)
2022-08-0727MOTION for relief of Order at Doc. 24 under Rule 60(b)(3) of the Federal Rules of Civil Procedures by Carlton Eugene Hooker, Jr. (Attachments: # 1 VHA 35 - Part 1, # 2 VhA 35 - Part 2)(AG) (Entered: 08/08/2022)
2022-08-0826ORDERED: Plaintiff's Third Motion for Court Order Demanding Proof of Compliance for Release of Improperly Withheld Records 25 is DENIED, without prejudice. Signed by Judge Charlene Edwards Honeywell on 8/8/2022. (JDE) (Entered: 08/08/2022)
2022-08-2228MOTION for Summary Judgment by Department of Veterans Affairs. (Attachments: # 1 Composite Exhibit A, # 2 Exhibit B)(Harwell, Lacy) (Entered: 08/22/2022)
2022-08-2229RESPONSE in Opposition re 27 MOTION for relief of Order at Doc. 24 under Rule 60(b)(3) of the Federal Rules of Civil Procedures filed by Department of Veterans Affairs. (Attachments: # 1 Exhibit A)(Harwell, Lacy) (Entered: 08/22/2022)
2022-08-2330SUMMARY JUDGMENT NOTICE (BGS) (Entered: 08/23/2022)
2022-11-1731ORDERED: Plaintiff's Motion for Relief from Order at Doc. 24 27 is DENIED. Signed by Judge Charlene Edwards Honeywell on 11/17/2022. (JDE) (Entered: 11/17/2022)
2022-11-2332ORDERED: Plaintiff shall file his response to 28 the VA's Motion for Summary Judgment on or before December 14, 2022. Failure to file a response within the time provided will result in the motion being treated as unopposed. See M.D. Fla. Local Rule 3.01(c). The Clerk is directed to accept and docket filings in this action from the Plaintiff, Carlton Eugene Hooker, Jr., including pro se filings. Signed by Judge Charlene Edwards Honeywell on 11/23/2022. (JDE) (Entered: 11/23/2022)
2023-02-1033ORDERED: Defendant's Motion for Summary Judgment 28 is GRANTED. The Clerk is directed to enter Judgement in favor of the Defendant Department of Veterans Affairs and close this case. Signed by Judge Charlene Edwards Honeywell on 2/10/2023. (JDE) (Entered: 02/10/2023)
2023-02-1034JUDGMENT in favor of Department of Veterans Affairs against Carlton Eugene Hooker, Jr. Signed by Deputy Clerk on 2/10/2023. (MCB) (Entered: 02/10/2023)
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by FOIA Project Staff
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