Case Detail

FOIA Project Annotation: Judge Reggie Walton has ruled that EOUSA conducted an adequate search for records pertaining to Torenda Whitmore's conviction for kidnapping. Since Whitmore had been tried in the Southern District of Mississippi, EOUSA referred the request to that office, which produced responsive records. Because her file had been purged of unnecessary and redundant records, most of the specific records she requested no longer existed in the file. EOUSA released the file with redactions of personal information under Exemption 7(C) (invasion of privacy concerning law enforcement records). Whitmore challenged the adequacy of the search, arguing that if records had been purged from the EOUSA files the agency should have searched for records at agencies involved in the investigation of the charges against her. Walton pointed out that "the EOUSA limited its search to the Southern District of Mississippi 'because that was the district identified by Plaintiff in her FOIA request letter.' And the plaintiff identified her criminal case by number and by courtâ€"the United States District Court for the Southern District of Mississippi. Based on this information, the EOUSA's decisions to refer the matter to the United States Attorney's Office for the Southern District of Mississippi, and to limit its searches to records maintained by this office, were reasonable. Furthermore, the EOUSA's obligation was to search for records it maintained at the time it received the plaintiff's FOIA request. Thus, it was not required to search for records maintained by other federal government agencies and therefore its failure to forward the plaintiff's request to the FBI or the BATFE does not render the searches inadequate."
Issues: Adequacy - Search

Date Filed	Doc #	Docket Text
2014-06-10	1	COMPLAINT against UNITED STATES DEPARTMENT OF JUSTICE EXECUTIVE OFFICE FOR UNITED STATES ATTORNEYS filed by TORENDA WHITMORE. (Attachments: # 1 Civil Cover Sheet)(td, ) (Entered: 06/12/2014)
2014-06-10		SUMMONS (4) Issued as to UNITED STATES DEPARTMENT OF JUSTICE EXECUTIVE OFFICE FOR UNITED STATES ATTORNEYS, U.S. Attorney and U.S. Attorney General (td, ) (Entered: 06/12/2014)
2014-06-10	2	MOTION for Leave to Proceed in forma pauperis by TORENDA WHITMORE (td, ) (Entered: 06/12/2014)
2014-06-10	3	PRISONER ACCOUNT STATEMENT by TORENDA WHITMORE (td, ) (Entered: 06/12/2014)
2014-06-10	4	ORDER directing an initial partial filing fee from Prison Account of Torenda Whitmore and granting plaintiff's application to proceed in forma pauperis 2 . Signed by Judge Beryl A. Howell on 5/27/14. (td, ) (Entered: 06/12/2014)
2014-06-25	5	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES DEPARTMENT OF JUSTICE EXECUTIVE OFFICE FOR UNITED STATES ATTORNEYS served on 6/20/2014, RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 6/20/2014., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 6/20/2014. ( Answer due for ALL FEDERAL DEFENDANTS by 7/20/2014.) (rdj) (Entered: 06/26/2014)
2014-07-17	6	MOTION for Extension of Time to Respond to Complaint by UNITED STATES DEPARTMENT OF JUSTICE EXECUTIVE OFFICE FOR UNITED STATES ATTORNEYS (Shy, Dionne) (Entered: 07/17/2014)
2014-07-21		MINUTE ORDER: Defendant's 6 Motion for Extension of Time is granted, and its response to the Complaint is due by August 29, 2014. Signed by Judge Reggie B. Walton on 7/21/14. (ms, ) (Entered: 07/21/2014)
2014-07-21	7	NOTICE regarding filing fee by TORENDA WHITMORE (td, ) (Entered: 07/29/2014)
2014-08-12		Filing fee: $ 350.00, receipt number 4616065236 (PAID IN FULL) (kb) Modified on 8/18/2014 (kb). (Entered: 08/18/2014)
2014-08-26	8	MOTION for Extension of Time to Respond to Complaint by UNITED STATES DEPARTMENT OF JUSTICE EXECUTIVE OFFICE FOR UNITED STATES ATTORNEYS (Shy, Dionne) (Entered: 08/26/2014)
2014-08-27		MINUTE ORDER granting 8 Motion for Enlargement of Time. For good cause shown, it is hereby ORDERED that the defendants' Motion for Enlargement of Time is GRANTED. It is further ORDERED that the defendants shall respond to the plaintiff's complaint on or before October 15, 2014. Signed by Judge Reggie B. Walton on August 27, 2014. (lcrbw2) (Entered: 08/27/2014)
2014-08-28		Set/Reset Deadlines: Answer or respond to complaint by 10/15/2014, (mpt, ) (Entered: 08/28/2014)
2014-08-29	9	NOTICE OF WITHDRAWAL OF APPEARANCE as to UNITED STATES DEPARTMENT OF JUSTICE EXECUTIVE OFFICE FOR UNITED STATES ATTORNEYS. Attorney Dionne S. Shy terminated. (Shy, Dionne) (Entered: 08/29/2014)
2014-09-23	10	NOTICE of Appearance by Jodi T. George on behalf of UNITED STATES DEPARTMENT OF JUSTICE EXECUTIVE OFFICE FOR UNITED STATES ATTORNEYS (George, Jodi) (Entered: 09/23/2014)
2014-10-08	11	MOTION for Extension of Time to File Dispositve Motion to Plaintiff's Complaint by UNITED STATES DEPARTMENT OF JUSTICE EXECUTIVE OFFICE FOR UNITED STATES ATTORNEYS (George, Jodi) (Entered: 10/08/2014)
2014-10-09		MINUTE ORDER: Defendant's 11 Motion for Extension of Time is granted, and the dispositive motion is due by October 31, 2014. Signed by Judge Reggie B. Walton on 10/9/14. (ms, ) (Entered: 10/09/2014)
2014-10-09		Set/Reset Deadlines/Hearings: Defendant's Dispositive Motion due by 10/31/2014. (cdw) (Entered: 10/10/2014)
2014-10-28	12	MOTION for Extension of Time to File Dispositve Motion by UNITED STATES DEPARTMENT OF JUSTICE EXECUTIVE OFFICE FOR UNITED STATES ATTORNEYS (George, Jodi) (Entered: 10/28/2014)
2014-11-03		MINUTE ORDER: Defendant's 12 Motion for Extension of Time is granted nunc pro tunc, and its dispositive motion is due by November 21, 2014. Signed by Judge Reggie B. Walton on 11/3/14. (ms, ) (Entered: 11/03/2014)
2014-11-04		Set/Reset Deadlines: Dispositive Motions due by 11/21/2014. (mpt, ) (Entered: 11/04/2014)
2014-11-20	13	MOTION for Summary Judgment by UNITED STATES DEPARTMENT OF JUSTICE EXECUTIVE OFFICE FOR UNITED STATES ATTORNEYS (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Declaration, # 4 Declaration)(George, Jodi) (Entered: 11/20/2014)
2014-11-24	14	Order advising plaintiff to respond by 12/31/2014 to defendants' 13 MOTION for Summary Judgment, or the Court may treat the motion as conceded. Signed by Judge Reggie B. Walton on 11/24/14. (ms, ) (Entered: 11/24/2014)
2014-11-25		Set/Reset Deadline: The Plaintiff shall respond by 12/31/2014 to defendants' 13 MOTION for Summary Judgment. (ad) (Entered: 11/25/2014)
2015-01-05	15	RESPONSE re 13 MOTION for Summary Judgment filed by TORENDA WHITMORE. (td, ) (Entered: 01/09/2015)
2015-01-13	16	MOTION for Extension of Time to File Reply to Plaintiff's Opposition to Defendant's Motion for Summary Judgment by UNITED STATES DEPARTMENT OF JUSTICE EXECUTIVE OFFICE FOR UNITED STATES ATTORNEYS (George, Jodi) (Entered: 01/13/2015)
2015-01-16		MINUTE ORDER: Defendant's Motion for Enlargement of Time 16 is granted, and its Reply is due by February 3, 2015. Signed by Judge Reggie B. Walton on 1/16/15. (ms, ) (Entered: 01/16/2015)
2015-01-20		Set/Reset Deadlines: Reply due by 2/3/2015. (mpt, ) (Entered: 01/20/2015)
2015-02-03	17	REPLY to opposition to motion re 13 MOTION for Summary Judgment filed by UNITED STATES DEPARTMENT OF JUSTICE EXECUTIVE OFFICE FOR UNITED STATES ATTORNEYS. (George, Jodi) (Entered: 02/03/2015)
2015-09-25	18	MEMORANDUM AND OPINION. Signed by Judge Reggie B. Walton on 9/25/15. (ms) (Entered: 09/25/2015)
2015-09-25	19	ORDER granting 13 defendants' Motion for Summary Judgment. This is a final appealable Order. Signed by Judge Reggie B. Walton on 9/25/15. (ms) (Entered: 09/25/2015)
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