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Case TitleBraun v. Department of Justice
DistrictDistrict of Montana
CityButte
Case Number2:2014cv00070
Date Filed2014-10-22
Date Closed2015-04-03
JudgeJudge Donald W. Molloy
PlaintiffDavid Steven Braun
Case DescriptionDavid Braun submitted a FOIA request to the Civil Division of the Department of Justice concerning his lawsuit against the government that had been dismissed. The Civil Division located the file for his case and disclosed the entire file. Braun then appealed the decision and the agency responded to his appeal by indicating that to the extent that he was asking questions about the case the agency was not obligated under FOIA to explain the records. Braun then filed suit.
Complaint issues: Withholding not related to exemption claims

DefendantDepartment of Justice
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Opinion/Order [19]
Opinion/Order [20]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2014-10-221COMPLAINT against Department of Justice, filed by David Steven Braun. (Attachments: # 1 Exhibits 1, # 2 Exhibit 2, # 3 Civil Cover Sheet) (ELL, ) (Entered: 10/22/2014)
2014-10-222Summons Issued as to Department of Justice. (3 Originals to Braun for service) (ELL, ) (Entered: 10/22/2014)
2014-10-23Filing fee: $ 400.00, receipt number 7726 (ELL, ) (Entered: 10/23/2014)
2014-10-303NOTICE OF CASE OPENING re 1 Complaint. Mailed to Braun with docket sheet. (TAG, ) (Entered: 10/30/2014)
2014-10-304NOTICE TO PRO SE LITIGANTS AND CONSENT TO ELECTRONIC SERVICE. Mailed to Braun. (TAG, ) (Entered: 10/30/2014)
2014-11-055CONSENT TO ELECTRONIC SERVICE by David Steven Braun (TAG, ) (Entered: 11/05/2014)
2014-11-106Proof of Service filed by David Steven Braun. (Attachments: # 1 Proof of Service) (TAG, ) (Additional attachment(s) added on 11/18/2014: # 2 Certified Mail Returns) (ELL, ). (Entered: 11/10/2014)
2014-12-167MOTION for Investigation/Temporary Restraining Order by Plaintiff David Steven Braun Motions referred to Jeremiah C. Lynch. (Attachments: # 1 Exhibits) (ELL, ) (Entered: 12/16/2014)
2014-12-228MOTION to Dismiss for Lack of Jurisdiction and failure to state a claim Victoria L. Francis appearing for Defendant Department of Justice Motions referred to Jeremiah C. Lynch. (Francis, Victoria) (Entered: 12/22/2014)
2014-12-229Brief/Memorandum in Support re 8 MOTION to Dismiss for Lack of Jurisdiction and failure to state a claim filed by Department of Justice. (Francis, Victoria) (Entered: 12/22/2014)
2014-12-2310ORDER denying 7 Motion for Investigation/Temporary Restraining Order. Signed by Judge Donald W. Molloy on 12/23/2014. (NOS, ) (Entered: 12/23/2014)
2014-12-3111MOTION for Extension of Time to File Response/Reply as to 8 MOTION to Dismiss for Lack of Jurisdiction and failure to state a claim by Plaintiff David Steven Braun. Motions referred to Jeremiah C. Lynch. (TAG, ) (Entered: 12/31/2014)
2015-01-0512MOTION for the Court to Unseal and Disclose any Records or Cases in Butte or the Montana Federal Systems by Plaintiff David Steven Braun Motions referred to Jeremiah C. Lynch. (ELL, ) (Entered: 01/05/2015)
2015-01-0513MOTION to Appoint Counsel by Plaintiff David Steven Braun Motions referred to Jeremiah C. Lynch. (Attachments: # 1 Exhibit 1) (ELL, ) (Entered: 01/05/2015)
2015-01-0614TEXT ORDER. Plaintiff David Braun, appearing pro se, moves for the appointment of counsel to assist him in the prosecution of this case. A plaintiff does not have a right to court appointed counsel in a civil case. Palmer v. Valdez, 560 F.3d 965, 970 (9th Cir.2009). A court does, however, have the discretion to appoint counsel where "exceptional circumstances" exist that warrant the appointment of counsel. Terrell v. Brewer, 935 F.2d 1015,1017 (9th Cir. 1991). Having reviewed the record in detail, the Court does not find the requisite exceptional circumstances exist in this case that would justify the appointment of counsel for Mr. Braun. Therefore, Mr. Braun's motion is appropriately denied. IT IS SO ORDERED. Signed by Magistrate Judge Jeremiah C. Lynch on 1/6/2015. (Lynch, Jeremiah) (Entered: 01/06/2015)
2015-01-0615TEXT ORDER. Plaintiff David Braun, appearing pro se, has filed a cursory and largely indiscernible motion generally requesting that any cases relating to Mr. Braun that have been filed in the United States District Court for the District of Montana under seal be unsealed. Because no such cases exist, the motion is denied. IT IS SO ORDERED. Signed by Magistrate Judge Jeremiah C. Lynch on 1/6/2015. (Lynch, Jeremiah) (Entered: 01/06/2015)
2015-01-0616TEXT ORDER. Plaintiff David Braun requests an extension of time until March 31, 2015, to file a response to the Defendant's pending Fed. R. Civ. P. 12(b) (1) and (6) motion to dismiss that was filed on December 22, 2014. The requested extension is extraordinarily long and will unnecessarily delay resolution of the motion. Mr. Braun will be afforded additional time to file his response but only until February 20, 2015. IT IS SO ORDERED. Signed by Magistrate Judge Jeremiah C. Lynch on 1/6/2015. (Lynch, Jeremiah) (Entered: 01/06/2015)
2015-02-1717RESPONSE to Motion re 8 MOTION to Dismiss for Lack of Jurisdiction and failure to state a claim filed by David Steven Braun. (Attachments: # 1 Exhibits) (ELL, ) (Entered: 02/17/2015)
2015-02-1718NOTICE by David Steven Braun (ELL, ) (Entered: 02/17/2015)
2015-02-2319FINDINGS AND RECOMMENDATIONS re 8 MOTION to Dismiss for Lack of Jurisdiction and failure to state a claim filed by Department of Justice. Signed by Magistrate Judge Jeremiah C. Lynch on 2/23/2015. (TCL, ) (Entered: 02/23/2015)
2015-04-0320ORDER ADOPTING FINDINGS AND RECOMMENDATIONS 19 in full; granting 8 Motion to Dismiss for Lack of Jurisdiction. Plaintiff's Complaint 1 is DISMISSED without leave to amend. Signed by Judge Donald W. Molloy on 4/3/2015. (TAG, ) (Entered: 04/03/2015)
2015-04-0321CLERK'S JUDGMENT. (TAG, ) (Entered: 04/03/2015)
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by FOIA Project Staff
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