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Case TitleMartinez v. U.S. Department of Homeland Security
DistrictMiddle District of Tennessee
CityNashville
Case Number3:2014cv00751
Date Filed2014-03-13
Date Closed2014-07-22
JudgeMagistrate Judge Joe Brown
PlaintiffAvelino Cruz Martinez
Case DescriptionAvelino Cruz Martinez, a naturalized U.S. citizen, was detained to be extradited to Mexico on criminal charges. He made a FOIA request to U.S. Citizenship and Immigration Services for his immigration file. USCIS provided Martinez with most of his immigration file, but withheld five pages under Exemption 7(C) (invasion of privacy concerning law enforcement records) and Exemption 7(E) (investigative methods and techniques). Martinez filed an administrative appeal which was denied by the agency. He then filed suit.
Complaint issues: Exemption 7(C) - Invasion of privacy concerning law enforcement records, Exemption 7(E) - Investigative methods or techniques

DefendantU.S. Department of Homeland Security
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2014-03-131COMPLAINT against U.S. Department of Homeland Security, filed by Avelino Cruz Martinez. (Attachments: # 1 Exhibit 1- Letter to Ligia G. Botts, # 2 Exhibit 2- Letter from Michael Holley, # 3 Exhibit 3- Letter to Ligia G. Botts, # 4 Exhibit 4- Wilson Co. man granted citizenship despite murder claim, # 5 Civil Cover Sheet)(eh) (Entered: 03/13/2014)
2014-03-132APPLICATION for Leave to Proceed In Forma Pauperis by Avelino Cruz Martinez. (eh) (Entered: 03/14/2014)
2014-03-143NOTICE of Initial Case Management Conference set for 5/6/2014 at 10:00 AM in Courtroom 783 before Magistrate Judge Joe Brown. (eh) (Entered: 03/14/2014)
2014-03-14Bar status for attorney Michael C. Holley of TN verified as active on this date. (eh) (Entered: 03/14/2014)
2014-05-024ORDER granting 2 Application for Leave to Proceed in forma pauperis. Signed by District Judge Kevin H. Sharp on 5/2/2014. (eh) (Entered: 05/02/2014)
2014-05-025ORDER: The Initial Case Management Conference previously set for May 6, 2014, is hereby CONTINUED to Tuesday, June 17, 2014, at 10:00 a.m. in Courtroom 783, to allow time for the Defendant to be served in this matter. It is so ORDERED. Signed by Magistrate Judge Joe Brown on 5/2/2014. (eh) (Entered: 05/02/2014)
2014-05-056Summons issued as to U.S. Department of Homeland Security. (eh) (Entered: 05/05/2014)
2014-05-067NOTICE OF HEARING: The Initial Case Management Conference is reset for 10:00 a.m. on 6/16/2014 in Courtroom 783 before Magistrate Judge Joe Brown. (rd) (Entered: 05/06/2014)
2014-06-048MOTION for Summary Judgment amd Memorandum In Support of Motion for Summary Judgment by U.S. Department of Homeland Security. (Attachments: # 1 Attachment Brian Welsh Declaration, # 2 Exhibit Government Exhibits)(Ingram, Lynne) (Entered: 06/04/2014)
2014-06-119RESPONSE in Opposition re 8 MOTION for Summary Judgment amd Memorandum In Support of Motion for Summary Judgment filed by Avelino Cruz Martinez. (Attachments: # 1 Exhibit Permanent Resident Card, # 2 Exhibit Mexico's Extradition Packet)(Holley, Michael) Modified on 6/17/2014 (rd). (Entered: 06/11/2014)
2014-06-1110Additional Attachments to Main Document re: 9 Response in Opposition to Motion,. (Attachments: # 1 Exhibit Visa Application for Omar Flores, # 2 Exhibit Landlord letter, # 3 Exhibit Head, Second Bail Hearing Transcript)(Holley, Michael) (Entered: 06/11/2014)
2014-06-1111Additional Attachments to Main Document re: 9 Response in Opposition to Motion,. (Attachments: # 1 Exhibit Sample Tax Return, # 2 Exhibit Consular Quarterly, # 3 Exhibit American Citizen Services, # 4 Exhibit Signature Page of Naturalization Application, # 5 Exhibit Order of Permanent Injunction, # 6 Exhibit Nashville Scene, Lost in Translation, # 7 Exhibit Diplomatic Note, # 8 Exhibit Cruz, Third Bail Hearing Transcript, # 9 Exhibit Arrest Warrant, # 10 Exhibit FOIA Disclosure Excerpt, # 11 Exhibit WSMV Story, # 12 Exhibit Naturalization Certificate)(Holley, Michael) (Entered: 06/11/2014)
2014-06-1112MOTION Regarding Proposed Case Management Order and Report on Rule 16 Conference by Avelino Cruz Martinez. (Holley, Michael) (Entered: 06/11/2014)
2014-06-1113MOTION to Continue Case Management Conference by Avelino Cruz Martinez. (Holley, Michael) (Entered: 06/11/2014)
2014-06-1214ORDER: Presently pending are two motions. The first is a motion regarding the proposed case management order (Docket Entry 12 ). This motion is GRANTED and the Magistrate Judge will accept the report as being sufficient for the initial case management conference. The parties have advised in paragraph 7 of the report that they are willing to consent to proceed before the Magistrate Judge for all aspects of the case. Subject to the approval of Judge Sharp, the Magistrate Judge will issue a final decision on the cross motions for summary judgment (Docket Entries 8 and 9). The motion to continue the case management conference (Docket Entry 13 ) is also GRANTED as it does not appear that there is a need for such a conference. Given that there are only two pages in dispute, the parties should anticipate that if the matter is assigned to me for a final decision, I will request the two documents be provided for an in camera examination. It is so ORDERED. Signed by Magistrate Judge Joe Brown on 6/12/2014. (eh) (Entered: 06/12/2014)
2014-06-1315ORDER on Consent of the Parties to Jurisdiction by US Magistrate Judge. (Case reassigned to Magistrate Judge Magistrate Judge Joe Brown). Signed by District Judge Kevin H. Sharp on 6/13/14. (af) (Entered: 06/13/2014)
2014-06-1716ORDER: This matter has now been assigned to me for a decision by Judge Sharp pursuant to the consent of the parties (Docket Entry 15). The United States Department of Homeland Security is directed to provide the Court under seal the two pages in question for an in camera inspection, by June 30, 2014, if possible. The issue appears to be well briefed by the parties and the undersigned anticipates that he should be able to reach a prompt decision on the issue at hand. It is so ORDERED. Signed by Magistrate Judge Joe Brown on 6/17/2014. (eh) (Entered: 06/17/2014)
2014-06-3017RESPONSE in Opposition re 9 MOTION for Summary Judgment and Memorandum in Support filed by U.S. Department of Homeland Security. (Ingram, Lynne) (Entered: 06/30/2014)
2014-06-3018MOTION for Leave to File Document Under Seal by U.S. Department of Homeland Security. (Ingram, Lynne) (Entered: 06/30/2014)
2014-06-3019Sealed Document filed by U.S. Department of Homeland Security. (Attachments: # 1 Attachment 4 Pages from A-file)(Ingram, Lynne) (Entered: 06/30/2014)
2014-07-01Note to Filer re DE# 17 : Pursuant to Local Rule 5.01, Certificates of Service shall identify by name the person served, what was served, the method of service, and date of service. Please FILE a conformed Certificate of Service for this document. (eh) (Entered: 07/01/2014)
2014-07-0120CERTIFICATE OF SERVICE by U.S. Department of Homeland Security re 17 Response in Opposition to Motion, Docket Annotation, (Ingram, Lynne) (Entered: 07/01/2014)
2014-07-0121ORDER granting 18 Motion for Leave to File Document Under Seal. Documents are for in camera review by court and will not be sent to any other party absent further order of the court. (Brown, Joe) (Entered: 07/01/2014)
2014-07-0322NOTICE of Hearing: Motion Hearing set for 7/16/2014 10:00 AM in Courtroom 783 before Magistrate Judge Joe Brown. (eh) (Entered: 07/03/2014)
2014-07-16Minute Entry for proceedings held before Magistrate Judge Joe Brown: Oral Argument held on 7/16/2014 re 9 MOTION for Summary Judgment filed by Avelino Cruz Martinez, 8 MOTION for Summary Judgment filed by U.S. Department of Homeland Security. Order to enter. (Digital Audio: 16jul2014) (rd) (Entered: 07/16/2014)
2014-07-2223MOTION to Dismiss Complaint by Avelino Cruz Martinez. (Holley, Michael) (Entered: 07/22/2014)
2014-07-2224ORDER: Pending before the Court is the Plaintiff's Motion to Dismiss Complaint (Docket Entry 23 ). The motion is GRANTED. This case is hereby dismissed and the Clerk is directed to close the file. It is so ORDERED. Signed by Magistrate Judge Joe Brown on 7/22/2014. (eh) (Entered: 07/23/2014)
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by FOIA Project Staff
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