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Case TitleBraun v. United States Post Office
DistrictDistrict of Montana
CityButte
Case Number2:2014cv00072
Date Filed2014-10-31
Date Closed2015-03-06
JudgeJudge Donald W. Molloy
PlaintiffDavid Steven Braun
Case DescriptionDavid Steven Braun believed his postal address showed several fictitious names. He submitted a complaint to the U.S. Postal Service and he switched his P.O. address. He submitted a FOIA request to the Postal Service for records concerning his hotline complaint. He received two pages with some redactions under Exemption 7(C) (invasion of privacy concerning law enforcement records). He ultimately filed suit, although most his claims were related to allegations that the government violated his privacy rather than pertaining to any FOIA claim.
Complaint issues: Exemption 7(C) - Invasion of privacy concerning law enforcement records

DefendantUnited States Post Office
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2014-10-311COMPLAINT against United States Post Office, filed by David Steven Braun. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibits) (ELL, ) (Entered: 10/31/2014)
2014-10-31Filing fee: $ 400.00 Paid by check. (Check to Msla for receipt) (ELL, ) (Entered: 10/31/2014)
2014-10-312Summons Issued as to United States Post Office. (3 Original to Braun for service) (ELL, ) (Entered: 10/31/2014)
2014-10-313MOTION for Preliminary Injunction by Plaintiff David Steven Braun Motions referred to Jeremiah C. Lynch. (Attachments: # 1 Exhibits) (ELL, ) (Entered: 10/31/2014)
2014-11-034NOTICE OF CASE OPENING (ELL, ) Modified on 11/3/2014 Cpy mailed to Braun (ELL, ). (Entered: 11/03/2014)
2014-11-035NOTICE TO PRO SE LITIGANTS AND CONSENT TO ELECTRONIC SERVICE (ELL, ) Modified on 11/3/2014 Cpy mailed to Braun (ELL, ). (Entered: 11/03/2014)
2014-11-04Filing fee: $ 400, receipt number MTX9-7752 (TAG, ) (Entered: 11/04/2014)
2014-11-106CONSENT TO ELECTRONIC SERVICE. (TAG, ) (Entered: 11/10/2014)
2014-11-107Proof of Service filed by David Steven Braun. (Attachments: # 1 Proof of Service) (TAG, ) (Additional attachment(s) added on 11/18/2014: # 2 Certified Receipts) (ELL, ). (Entered: 11/10/2014)
2014-11-128ORDER denying 3 Motion for Preliminary Injunction Signed by Judge Donald W. Molloy on 11/12/2014. (ELL, ) (Entered: 11/12/2014)
2014-11-209MOTION for Temporary Restraining Order by Plaintiff David Steven Braun. Motions referred to Jeremiah C. Lynch. (Attachments: # 1 Exhibits) (TAG, ) (Entered: 11/20/2014)
2014-11-2510ORDER denying 9 Motion for Temporary Restraining Order. Signed by Judge Donald W. Molloy on 11/25/2014. (NOS, ) (Entered: 11/25/2014)
2014-12-2311MOTION for Investigation by Plaintiff David Steven Braun. Motions referred to Jeremiah C. Lynch. (Attachments: # 1 Exhibit) (TAG, ) (Entered: 12/23/2014)
2014-12-2912TEXT ORDER. IT IS HEREBY ORDERED that Plaintiff's motion (doc. 11) requesting the Court to order a "tampering investigation" of two United States Post Office facilities is denied, there existing no basis in the law for the Court to grant the relief requested. Signed by Magistrate Judge Jeremiah C. Lynch on 12/29/2014. (Lynch, Jeremiah) (Entered: 12/29/2014)
2014-12-3113MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Victoria L. Francis appearing for Defendant United States Post Office Motions referred to Jeremiah C. Lynch. (Francis, Victoria) (Entered: 12/31/2014)
2014-12-3114Brief/Memorandum in Support re 13 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by United States Post Office. (Francis, Victoria) (Entered: 12/31/2014)
2015-01-0515MOTION to Appoint Counsel by Plaintiff David Steven Braun. Motions referred to Jeremiah C. Lynch. (TAG, ) (Entered: 01/05/2015)
2015-01-0616TEXT 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 circumstance 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)
2015-01-0717RESPONSE to Motion re 13 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by David Steven Braun. (Attachments: # 1 Brief, # 2 Exhibit) (TAG, ) (Entered: 01/07/2015)
2015-01-2018REPLY to Response to Motion re 13 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by United States Post Office. (Francis, Victoria) (Entered: 01/20/2015)
2015-01-2619Sur-reply re 13 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by David Steven Braun. (Attachments: # 1 Address) (TAG, ) (Entered: 01/26/2015)
2015-01-2920FINDINGS AND RECOMMENDATIONS re 13 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by United States Post Office. Signed by Magistrate Judge Jeremiah C. Lynch on 1/29/2015. (TCL, ) (Entered: 01/29/2015)
2015-01-3021NOTICE by David Steven Braun (Attachments: # 1 Letter) (TAG, ) (Entered: 01/30/2015)
2015-02-1022OBJECTION to 20 Findings and Recommendations filed by David Steven Braun. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5) (ELL, ) (Entered: 02/10/2015)
2015-02-1723MOTION for Preliminary Injunction by Plaintiff David Steven Braun Motions referred to Jeremiah C. Lynch. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3) (ELL, ) (Entered: 02/17/2015)
2015-02-1724NOTICE by David Steven Braun (ELL, ) (Entered: 02/17/2015)
2015-02-2425Reply to Objection to Findings and Recommendations re 20 FINDINGS AND RECOMMENDATIONS re 13 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by United States Post Office. filed by United States Post Office. (Francis, Victoria) (Entered: 02/24/2015)
2015-03-0626ORDER granting 13 Motion to Dismiss for Failure to State a Claim; adopting Findings and Recommendations re 20 Findings and Recommendations.; denying 23 Motion for Preliminary Injunction Signed by Judge Donald W. Molloy on 3/6/2015. (ELL, ) (Entered: 03/06/2015)
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