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Case TitleChristensen v. National Center for Missing and Exploited Children
DistrictWestern District of Oklahoma
CityOklahoma City
Case Number5:2023cv00097
Date Filed2023-01-27
Date Closed2024-03-22
JudgeChief Judge Timothy D. DeGiusti
PlaintiffStephen Randall Christensen, Jr
Case DescriptionStephen Christensen submitted FOIA requests to the National Center for Missing Children for 11 images uploaded to the system. The agency did not acknowledge receipt of the requests but after hearing nothing further from the agency, Christensen filed suit.
Complaint issues: Failure to respond within statutory time limit

DefendantNational Center for Missing and Exploited Children
DefendantUnited States
DefendantUnited States
TERMINATED: 09/27/2023
DefendantUnited States
TERMINATED: 10/04/2023
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Opinion/Order [10]
Opinion/Order [34]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2023-01-271COMPLAINT against National Center for Missing and Exploited Children, United States filed by Stephen Randall Christensen, Jr. (Attachments: # 1 Attachment 1 - Stipulation of Facts, # 2 Attachment 2 - Records Request, # 3 Attachment 3 - NMEC Response, # 4 Envelope)(ekw) (Entered: 01/30/2023)
2023-01-302PREVIOUS Cases (ekw) (Entered: 01/30/2023)
2023-01-303ENTER ORDER REFERRING CASE to Magistrate Judge Shon T. Erwin. Signed by the direction of Chief Judge Timothy D. DeGiusti on 1/30/2023. (ekw) (Entered: 01/30/2023)
2023-02-034ORDER -- In order for this action to proceed, Plaintiff must either pay the $402.00 filing fee or be granted leave to proceed without prepayment of fees. Plaintiff has neither paid the filing fee nor submitted a motion for leave to proceed in forma pauperis. Plaintiff shall cure the deficiencies designated above no later than February 20, 2023. Signed by Magistrate Judge Shon T. Erwin on 2/3/2023. (mc) (Entered: 02/03/2023)
2023-02-215MOTION for Leave to Proceed in forma pauperis by Stephen Randall Christensen, Jr. Motions referred to Shon T. Erwin. (Attachments: # 1 Attachment 1 - Inmate Account History, # 2 Attachment 2 - Offender Statement Report, # 3 Envelope)(ekw) (Entered: 02/21/2023)
2023-02-216NOTICE of Change of Address by Stephen Randall Christensen, Jr (Attachments: # 1 Envelope)(ekw) (Entered: 02/21/2023)
2023-02-247ORDER granting 5 Motion for Leave to Proceed in forma pauperis. However, pursuant to 28 U.S.C. § 1915(b)(1), Plaintiff shall be required to pay the full $350.00 filing fee as set forth. IT IS HEREBY ORDERED that on or before March 13, 2023, Plaintiff pay an initial partial filing fee of $12.07. See order as more fully set out. Signed by Magistrate Judge Shon T. Erwin on 3/24/2023. (mc) (Entered: 02/24/2023)
2023-03-238REPORT AND RECOMMENDATION -- it is recommended that this action be DISMISSED without prejudice for Plaintiff's failure to pay the initial filing fee as ordered by the Court. This report and recommendation terminates the referral to the undersigned magistrate judge unless and until the matter is re-referred. Objections to R&R due by 4/10/2023. Signed by Magistrate Judge Shon T. Erwin on 3/23/2023. (mc) (Entered: 03/23/2023)
2023-03-23Magistrate Judge Shon T. Erwin no longer assigned to case. (mc) (Entered: 03/23/2023)
2023-04-059OBJECTION to 8 Report and Recommendation by Stephen Randall Christensen, Jr. (Attachments: # 1 Exhibit 1 - Inmate/Offender Grievance Process Request to Staff, # 2 Exhibit 2 - Report and Recommendation, # 3 Exhibit 3 - Letter, # 4 Envelope)(ekw) (Entered: 04/05/2023)
2023-04-0710ORDER adopting Report and Recommendations to the extent that the recommended dismissal will be ordered if Plaintiff does not comply with the requirement to pay an initial partial filing fee of $12.07, or show cause in writing for nonpayment, by May 10, 2023 re 8 Report and Recommendation.. Signed by Chief Judge Timothy D. DeGiusti on 4/7/2023. (mb) (Entered: 04/07/2023)
2023-04-2711Receipt for Money Received from Stephen Randall Christensen, Jr in the amount of $12.07, receipt number 500001854 regarding 10 Order on Report and Recommendation. Remaining balance is $337.93. Receipt mailed to Stephen Randall Christensen, Jr #680526 LAWTON-LCF 7-DELTA-107 8607 SE Flower Mound Rd Lawton, OK 73501 (kb) (Entered: 04/27/2023)
2023-04-2812ORDER RE-REFERRING CASE to Magistrate Judge Shon T. Erwin. Signed by Chief Judge Timothy D. DeGiusti on 04/28/23. (rr) (Entered: 04/28/2023)
2023-06-2613ORDER REQUIRING SERVICE AND ANSWER . See Order as more fully set out. Signed by Magistrate Judge Shon T. Erwin on 6/26/2023. (mc) (Entered: 06/26/2023)
2023-07-0514PRO SE LITIGANT'S REQUEST FOR ISSUANCE OF 1 SUMMONS(ES) by Stephen Randall Christensen, Jr. (ekw) (Entered: 07/07/2023)
2023-07-0715Summons Issued Electronically as to National Center for Missing and Exploited Children. (ekw) (Entered: 07/07/2023)
2023-07-1316SUMMONS Returned Executed by Stephen Randall Christensen, Jr. National Center for Missing and Exploited Children served on 7/13/2023. (naa) (Entered: 07/13/2023)
2023-09-1117ENTRY of Appearance by Evan H Way on behalf of National Center for Missing and Exploited Children (Way, Evan) (Entered: 09/11/2023)
2023-09-1118MOTION for Summary Judgment and Brief in Support by National Center for Missing and Exploited Children. Motions referred to Shon T. Erwin. (Attachments: # 1 Exhibit 1-Affidavit of John Shehan, # 2 Exhibit 2-NCMEC Articles of Incorporation)(Way, Evan) (Entered: 09/11/2023)
2023-09-1919ORDER TO SHOW CAUSE -- Because Plaintiff has failed to submit proof of service on Defendant United States. He must show cause no later than October 6, 2023, why his claims as to this Defendant should not be dismissed without prejudice. Signed by Magistrate Judge Shon T. Erwin on 9/19/2023. (mc) (Entered: 09/19/2023)
2023-09-2720MOTION to Dismiss by Stephen Randall Christensen, Jr. Motions referred to Shon T. Erwin. (Attachments: # 1 Envelope)(rp) (Entered: 09/27/2023)
2023-10-0421ORDER granting 20 Motion to Dismiss United States of America. Plaintiff's claims against Defendant United States of America were dismissed without prejudice on September 27, 2023 when his Motion ECF No. 20 was filed, and the Clerk of Court is directed to terminate this defendant effective that date. Signed by Magistrate Judge Shon T. Erwin on 10/4/2023. (mc) (Entered: 10/04/2023)
2023-10-1222MOTION titled, "Motion for Leave to Amend Complaint of Non-Compliance with 5 U.S.C.A. 552 (F.O.I.A.)" by Stephen Randall Christensen, Jr. Motions referred to Shon T. Erwin. (Attachments: # 1 Envelope)(ekw) (Entered: 10/12/2023)
2023-10-2423MOTION for Leave to Appear Pro Hac Vice (Logan M. Rutherford) Filing fee $ 100, receipt number AOKWDC-4279079 by National Center for Missing and Exploited Children. Motions referred to Shon T. Erwin. (Attachments: # 1 Exhibit 1 - Request for Admission PHV)(Way, Evan) (Entered: 10/24/2023)
2023-10-2424MOTION for Leave to Appear Pro Hac Vice (Emma McEnery) Filing fee $ 100, receipt number AOKWDC-4279087 by National Center for Missing and Exploited Children. Motions referred to Shon T. Erwin. (Attachments: # 1 Exhibit 1 - Request for Admission PHV)(Way, Evan) (Entered: 10/24/2023)
2023-10-2625ORDER -- Plaintiff's Motion to Amend Complaint ECF No. 22 is DENIED. However, Plaintiff is GRANTED additional time to file a more thorough response. Plaintiff shall have until December 29, 2023, to file his response in opposition to the Defendant's Motion for Summary Judgment (ECF No. 18). Defendants will have ten (10) days from date of Plaintiff's filing to reply to any response filed by Plaintiff. Signed by Magistrate Judge Shon T. Erwin on 10/26/2023. (mc) (Entered: 10/26/2023)
2023-11-2726MOTION titled, "Plaintiff's RESPONSE to Defendant's" "Motion 18 for Summary Judgement and Brief in Support" and Combined Plaintiff's MOTION for Summary Judgement" by Stephen Randall Christensen, Jr. Motions referred to Shon T. Erwin. (Attachments: # 1 Envelope)(ekw) (Entered: 11/28/2023)
2023-11-2927ORDER granting 23 Motion to Appear Pro Hac Vice. The Court GRANTS the Motion for Admission Pro Hac Vice (ECF No. 23) filed in support of the Request for Admission Pro Hac Vice (ECF No. 23-1) signed by Attorney Logan M. Rutherford. Accordingly, it is ORDERED that on or before December 8, 2023, Mr. Rutherford shall electronically file an entry of appearance. See Order as more fully set out. Signed by Magistrate Judge Shon T. Erwin on 11/29/2023. (mc) (Entered: 11/29/2023)
2023-11-2928ORDER granting 24 Motion to Appear Pro Hac Vice. The Court GRANTS the Motion for Admission Pro Hac Vice (ECF No. 24) filed in support of the Request for Admission Pro Hac Vice (ECF No. 24-1) signed by Attorney Emma G. McEnery. Accordingly, it is ORDERED that on or before December 8, 2023, Ms. McEnery shall electronically file an entry of appearance. See Order as more fully set out. Signed by Magistrate Judge Shon T. Erwin on 11/29/2023. (mc) (Entered: 11/29/2023)
2023-12-0129ENTRY of Appearance by Logan Rutherford on behalf of National Center for Missing and Exploited Children (Rutherford, Logan) (Entered: 12/01/2023)
2023-12-0730REPLY by Defendant National Center for Missing and Exploited Children re 26 MOTION for Summary Judgment In Support of Its Motion for Summary Judgment filed by National Center for Missing and Exploited Children. (Rutherford, Logan) (Entered: 12/07/2023)
2023-12-1431MOTION to Appoint Counsel by Stephen Randall Christensen, Jr. Motions referred to Shon T. Erwin. (Attachments: # 1 Envelope)(ekw) (Entered: 12/14/2023)
2024-01-0332RESPONSE in Opposition re 31 MOTION to Appoint Counsel filed by National Center for Missing and Exploited Children. (Rutherford, Logan) (Entered: 01/03/2024)
2024-03-0133REPORT AND RECOMMENDATION -- it is recommended that Defendant's Motion for Summary Judgment ECF No. 18 be GRANTED. Adoption of this recommendation would render Plaintiff's Motion for the Appointment of Counsel ECF No. 31 moot. This Report and Recommendation terminates the referral by the District Judge in this matter. Objections to R&R due by 3/18/2024. Signed by Magistrate Judge Shon T. Erwin on 3/1/2024. (mc) (Entered: 03/01/2024)
2024-03-01Magistrate Judge Shon T. Erwin no longer assigned to case. (mc) (Entered: 03/01/2024)
2024-03-2234ORDER ADOPTING REPORT AND RECOMMENDATION. Defendants Motion for Summary Judgment 18 is GRANTED. All Plaintiffs motions are moot and, therefore, DENIED. A separate judgment shall be entered accordingly. Signed by Chief Judge Timothy D. DeGiusti on 3/22/2024. (jee) (Entered: 03/22/2024)
2024-03-2235JUDGMENT. Signed by Chief Judge Timothy D. DeGiusti on 3/22/2024. (jee) (Entered: 03/22/2024)
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by FOIA Project Staff
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