Case Detail

FOIA Project Annotation: Judge Colleen Kollar-Kotelly has ruled that the Bureau of Prisons conducted an adequate search in response to federal prisoner Isaac Allen's FOIA request for records concerning why he was characterized as a security threat by BOP, and properly withheld records primarily under Exemption 7 (law enforcement records). The agency also used Exemption 6 (invasion of privacy) to withhold personally identifying information about third parties. Allen challenged the agency's search, arguing that it had not yielded all potentially responsive records. But Kollar-Kotelly noted that "plaintiff misunderstands BOP's obligations under FOIA. BOP does not run afoul of FOIA because its searches did not result in the discovery of particular information of interest to plaintiff. Nor does BOP violate FOIA by refusing to identify and verify each [Security Threat Group] BOP may have assigned plaintiff. FOIA does not require an agency to answer a requester's questions." Rejecting Allen's claims that the agency's searches were insufficient, Kollar-Kotelly observed that "BOP's searches were not perfect, but perfection is not the standard." Although Allen was entitled to see his pre-sentence report, the agency, citing a regulation focusing on inmate safety concerns, had told Allen that he could review his PSR in person but could not have a copy of it. Kollar-Kotelly upheld that policy, noting that "in this circuit, as long as an inmate is afforded a meaningful opportunity to review and take notes about his PSR, he has no recourse under FOIA for release of his PSR. BOP is not obligated to release plaintiff's PSR in response to his FOIA request." BOP withheld identifying information of third parties in disciplinary reports. Allen argued that he knew the identify of at least one individual whose information had been redacted. Kollar-Kotelly pointed out that made no difference, noting that "unless disclosure of third parties' names or identifying information about them in law enforcement records 'is necessary in order to confirm or refute compelling evidence that the agency is engaged in illegal activity, such information is exempt from disclosure.'" Although the agency withheld security threat assessments under Exemption 7(E) (investigative methods and techniques) and Exemption 7(F) (harm to safety of any person), Allen only challenged the 7(E) justifications, arguing that not all security threat assessments revealed procedures or techniques. Kollar-Kotelly disagreed, noting that "plaintiff's assertions are unsupported, however, and cannot overcome BOP's showing." She also pointed out that since Allen had not challenged the agency's Exemption 7(F) claims, both exemptions applied to protect the withheld information.
Issues: Adequacy - Search, Exemption 7 - Law enforcement records, Exemption 7(E) - Investigative methods or techniques, Exemption 7(F) - Harm to safety of any person

Date Filed	Doc #	Docket Text
2017-06-16		Initiating Pleading & IFP Application Received on 6/16/2017. (js) (Entered: 06/20/2017)
2017-06-16	1	COMPLAINT against BUREAU OF PRISONS, DEPARTMENT OF JUSTICE filed by ISAAC KELVIN ALLEN. (Attachments: # 1 Attachment to Complaint)(js) (Entered: 06/20/2017)
2017-06-16	2	MOTION for Leave to Proceed in forma pauperis by ISAAC KELVIN ALLEN. (js) (Entered: 06/20/2017)
2017-06-16	3	PRISONER TRUST FUND ACCOUNT STATEMENT for period of six months by ISAAC KELVIN ALLEN. (js) (Entered: 06/20/2017)
2017-07-17	4	PRO SE ORDER directing within 30 days of this Order, unless an extension of time is granted, plaintiff to provide a six month trust fund prisoner account statement and failure to comply will result in dismissal of case. Plaintiff shall provide the requested information specific within this order. Signed by Judge Tanya S. Chutkan on 07/13/2017. (zsb) (Entered: 07/21/2017)
2017-08-17	5	NOTICE OF PRISONER TRUST FUND ACCOUNT STATEMENT for period of six months by ISAAC KELVIN ALLEN. (md) (Entered: 08/25/2017)
2017-11-09	6	ORDER GRANTING 2 Motion for Leave to Proceed in forma pauperis. Signed by Judge Amit P. Mehta on 10/25/2017. (md) (Entered: 11/09/2017)
2017-11-09		Case Reassigned to Judge Colleen Kollar-Kotelly. Unassigned is no longer assigned to the case. (md) (Entered: 11/09/2017)
2017-11-09	7	NOTICE OF RELATED CASE by ISAAC KELVIN ALLEN. Case related to Case No. 16-cv-708. (md) (Entered: 11/09/2017)
2017-12-01	8	SUMMONS (4) Issued as to BUREAU OF PRISONS, DEPARTMENT OF JUSTICE, U.S. Attorney and U.S. Attorney General (jd) (Entered: 12/04/2017)
2018-01-19	9	NOTICE of Appearance by Marina Utgoff Braswell on behalf of BUREAU OF PRISONS, DEPARTMENT OF JUSTICE (Braswell, Marina) (Entered: 01/19/2018)
2018-01-19	10	ANSWER to 1 Complaint by BUREAU OF PRISONS, DEPARTMENT OF JUSTICE.(Braswell, Marina) (Entered: 01/19/2018)
2018-02-08	11	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. BUREAU OF PRISONS served on 2/2/2018 (td) (Entered: 02/09/2018)
2018-02-12	13	NOTICE of Transfer by ISAAC KELVIN ALLEN (td) (Entered: 02/15/2018)
2018-02-13	12	NOTICE OF SUBSTITUTION OF COUNSEL by Claire M. Whitaker on behalf of BUREAU OF PRISONS, DEPARTMENT OF JUSTICE Substituting for attorney Marina Utgoff Braswell (Whitaker, Claire) (Entered: 02/13/2018)
2018-03-08	14	NOTICE of Change of Address by ISAAC KELVIN ALLEN (td) (Entered: 03/12/2018)
2018-03-13		MINUTE ORDER: Plaintiff brings this action under the Freedom of Information Act ("FOIA"), see 5 U.S.C. § 552, for the release of records allegedly maintained by the Executive Office for United States Attorneys and the Federal Bureau of Prisons. Now that defendant has filed an Answer, and because Local Civil Rule 16.3(b) exempts FOIA actions from its meet-and-confer requirements, the Court hereby ORDERS defendant to file a report by April 20, 2018 on the status of the agency's responses to plaintiff's FOIA requests, and a proposed schedule for dispositive motions. Signed by Judge Colleen Kollar-Kotelly on 3/13/18. (ms) (Entered: 03/13/2018)
2018-03-13		Set/Reset Deadlines: Defendant to file a Status Report by 4/20/2018 on the status of the agency's responses to plaintiff's FOIA requests, and a proposed schedule for dispositive motions. (dot) (Entered: 03/13/2018)
2018-04-06	15	ORDER ESTABLISHING PROCEDURES FOR CASES ASSIGNED TO JUDGE COLLEEN KOLLAR-KOTELLY. Signed by Judge Colleen Kollar-Kotelly on 04/6/2018. (DM) (Entered: 04/06/2018)
2018-04-20	16	STATUS REPORT and briefing schedule by BUREAU OF PRISONS, DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order)(Whitaker, Claire) (Entered: 04/20/2018)
2018-05-24		MINUTE ORDER: On consideration of defendants' 16 Status Report it is hereby ORDERED that defendants shall file a dispositive motion by June 15, 2018; plaintiff shall file his opposition and cross-motion for summary judgment by July 16, 2018; defendants shall file their reply and opposition to plaintiff's cross-motion by August 15, 2018; plaintiff shall file his reply by September 14, 2018. Signed by Judge Colleen Kollar-Kotelly on 5/24/18. (ms) (Entered: 05/24/2018)
2018-05-24		Set/Reset Deadlines: Defendants' dispositive motion due by 6/15/2018; Plaintiff's opposition and cross-motion for summary judgment due by 7/16/2018; Defendants' reply and opposition to plaintiff's cross-motion due by 8/15/2018; Plaintiff's reply due by 9/14/2018. (kt) (Entered: 05/24/2018)
2018-06-06	17	NOTICE of Appearance by Marina Utgoff Braswell on behalf of BUREAU OF PRISONS, DEPARTMENT OF JUSTICE (Braswell, Marina) (Entered: 06/06/2018)
2018-06-06	18	MOTION for Extension of Time to File Dispositive Motion by BUREAU OF PRISONS, DEPARTMENT OF JUSTICE (Braswell, Marina) (Entered: 06/06/2018)
2018-06-22		MINUTE ORDER: Defendants' motion for an extension of time 18 is granted for good cause shown. Defendants shall file their dispositive motion by July 18, 2018; plaintiff shall file his opposition and cross-motion for summary judgment by August 16, 2018; defendants shall file their reply to plaintiff's opposition and opposition to plaintiff's cross-motion for summary judgment by September 17, 2018; and plaintiff shall file his reply by October 17, 2018. Signed by Judge Colleen Kollar-Kotelly on 6/22/18. (ms) (Entered: 06/22/2018)
2018-06-22		Set/Reset Deadlines: Plaintiff's Cross Motion due by 8/16/2018. Response to Cross Motion due by 9/17/2018. Reply to Cross Motion due by 10/17/2018. Defendant's Dispositive Motion due by 7/18/2018. Response to Dispositive Motion due by 8/16/2018. Reply to Dispositive Motion due by 9/17/2018. (dot) (Entered: 06/22/2018)
2018-07-18	19	MOTION for Summary Judgment and Motion to Dismiss by BUREAU OF PRISONS, DEPARTMENT OF JUSTICE (Attachments: # 1 Francis Declaration, # 2 Pineda-Saavedra Declaration, # 3 Mack declaration, # 4 Mack Declaration Attachments)(Braswell, Marina). Added MOTION to Dismiss on 7/26/2018 (zrdj). (Entered: 07/18/2018)
2018-07-20	20	Order advising plaintiff to respond to 19 defendants' MOTION for Summary Judgment and to Dismiss by 8/16/2018. Signed by Judge Colleen Kollar-Kotelly on 7/20/18. (ms) (Entered: 07/20/2018)
2018-07-20		Set/Reset Deadlines: Plaintiff's Response to 20 due by 8/16/2018. (dot) (Entered: 07/24/2018)
2018-07-26	21	NOTICE of Filing of Table of Authorities In Support Of Defendants' Motion to Dismiss and For Summary Judgment by BUREAU OF PRISONS, DEPARTMENT OF JUSTICE re 19 MOTION for Summary Judgment and Motion to Dismiss MOTION to Dismiss (Attachments: # 1 (Table of Authorities))(Braswell, Marina) Modified text on 7/27/2018 (ztd). (Entered: 07/26/2018)
2018-08-03	22	MOTION for Extension of Time to Response by ISAAC KELVIN ALLEN (jf). Added MOTION for Additional copy on 8/9/2018 (zrdj). (Entered: 08/07/2018)
2018-08-03	23	NOTICE by ISAAC KELVIN ALLEN (See docket entry 22 to view document)(zrdj) . (Entered: 08/09/2018)
2018-08-10		MINUTE ORDER: On consideration of plaintiff's Notice of Non-Receipt, Motion for Additional Copy and Request for Time to File Response, construed by the Court as a motion for an extension of time to file an opposition to Defendant's Motion to Dismiss and for Summary Judgment, ECF No. 19, it is hereby ORDERED that plaintiff's motion 22 22 is GRANTED, and the briefing schedule set forth in the Court's June 22, 2018 Minute Order is VACATED. It is further ORDERED that defendant shall send a copy of its motion, with exhibits, to plaintiff at his current address of record by August 17, 2018; plaintiff shall file his opposition and cross-motion by September 17, 2018; defendant shall file its reply and opposition to plaintiff's cross-motion by October 17, 2018; plaintiff shall file his reply by November 19, 2018. Signed by Judge Colleen Kollar-Kotelly on 8/9/18. (ms) (Entered: 08/10/2018)
2018-08-10		Set/Reset Deadlines: Plaintiff's Cross Motion due by 9/17/2018. Response to Cross Motion due by 10/17/2018. Reply to Cross Motion due by 11/19/2018. Plaintiff's Response to 19 due by 9/17/2018. Reply due by 10/17/2018. (dot) (Entered: 08/10/2018)
2018-08-17	24	ENTERED IN ERROR.....NOTICE (Notice to the Court of Second Service of Dispositive Motion) by BUREAU OF PRISONS, DEPARTMENT OF JUSTICE re 19 MOTION for Summary Judgment and Motion to Dismiss MOTION to Dismiss, 21 Notice (Other), 23 Notice (Other) (Nebeker, William) Modified on 8/24/2018 (tth). (Entered: 08/17/2018)
2018-08-24		NOTICE OF CORRECTED DOCKET ENTRY: re 24 Notice (Other), was entered in error and counsel was instructed to refile said pleading. (tth) (Entered: 08/24/2018)
2018-08-24	25	NOTICE (Notice to the Court of Second Service of Dispositive Motion) by BUREAU OF PRISONS, DEPARTMENT OF JUSTICE re 19 MOTION for Summary Judgment and Motion to Dismiss MOTION to Dismiss, 21 Notice (Other), 23 Notice (Other) (Braswell, Marina) (Entered: 08/24/2018)
2018-08-24	26	NOTICE OF WITHDRAWAL OF APPEARANCE as to BUREAU OF PRISONS, DEPARTMENT OF JUSTICE. Attorney Claire M. Whitaker terminated. (Whitaker, Claire) (Entered: 08/24/2018)
2018-09-25	27	Memorandum in opposition to re 19 MOTION for Summary Judgment and Motion to Dismiss MOTION to Dismiss filed by ISAAC KELVIN ALLEN. (ztd) (Additional attachment(s) added on 9/27/2018: # 1 Statement of Facts) (ztd). (Entered: 09/27/2018)
2018-10-11	28	MOTION for Extension of Time to File Response/Reply as to 19 MOTION for Summary Judgment and Motion to Dismiss MOTION to Dismiss by BUREAU OF PRISONS, DEPARTMENT OF JUSTICE (Braswell, Marina) (Entered: 10/11/2018)
2018-10-18		MINUTE ORDER: Defendants' 28 Motion for Extension of Time is granted, and its Reply is due by October 25, 2018. Signed by Judge Colleen Kollar-Kotelly on 10/18/18. (ms) (Entered: 10/18/2018)
2018-10-18		Set/Reset Deadlines: Reply to 19 due by 10/25/2018. (dot) (Entered: 10/19/2018)
2018-10-25	29	REPLY to opposition to motion re 19 MOTION for Summary Judgment and Motion to Dismiss MOTION to Dismiss filed by BUREAU OF PRISONS, DEPARTMENT OF JUSTICE. (Attachments: # 1 Mack Declaration, # 2 Exhibit to Mack Declaration, # 3 Supplemental Pineda Saavedra Declaration)(Braswell, Marina) (Entered: 10/25/2018)
2019-02-07	32	SURREPLY to re 19 MOTION for Summary Judgment and Motion to Dismiss MOTION to Dismiss filed by ISAAC KELVIN ALLEN. (Attachments: # 1 Attachments 1 & 2); ("Leave to file Granted" signed 2/7/19 by Judge Colleen Kollar-Kotelly)(ztd) (Entered: 02/11/2019)
2019-02-08	30	***ENTERED IN ERROR*** ORDER granting in part and denying in part 19 19 defendants' Motion for Summary Judgment; and directing defendants to file renewed motion by March 21, 2019. Signed by Judge Colleen Kollar-Kotelly on 2/8/19. (ms) Modified on 2/8/2019 (ms). (Entered: 02/08/2019)
2019-02-08	31	ORDER granting in part and denying in part 19 19 Defendants' Motion for Summary Judgment; and directing defendants to file a renewed motion for summary judgment by March 21, 2019. Signed by Judge Colleen Kollar-Kotelly on 2/8/19. (ms) (Entered: 02/08/2019)
2019-02-08		Set/Reset Deadlines: Defendants' Renewed Summary Judgment Motion due by 3/21/2019. (dot) (Entered: 02/08/2019)
2019-03-11	33	MOTION for Reconsideration re 31 Order on Motion for Summary Judgment, Order on Motion to Dismiss by ISAAC KELVIN ALLEN (Attachments: # 1 Attachments 1-3)(ztd) (Entered: 03/13/2019)
2019-03-21	34	MOTION for Summary Judgment by BUREAU OF PRISONS, DEPARTMENT OF JUSTICE (Attachments: # 1 Second Supplemental Mack Declaration)(Braswell, Marina) (Entered: 03/21/2019)
2019-03-22	35	Order advising plaintiff to respond to the 34 MOTION for Summary Judgment filed by DEPARTMENT OF JUSTICE by 4/30/2019. Signed by Judge Colleen Kollar-Kotelly on 3/22/19. (ms) (Entered: 03/22/2019)
2019-03-22		Set/Reset Deadlines: Plaintiff's Response to 34 Motion for Summary Judgment due by 4/30/2019. (dot) (Entered: 03/22/2019)
2019-03-25	36	Memorandum in opposition to re 33 MOTION for Reconsideration re 31 Order on Motion for Summary Judgment, Order on Motion to Dismiss filed by BUREAU OF PRISONS, DEPARTMENT OF JUSTICE. (Attachments: # 1 Third Supplemental Mack Declaration)(Braswell, Marina) (Entered: 03/25/2019)
2019-05-03	37	Memorandum in opposition to re 34 MOTION for Summary Judgment filed by ISAAC KELVIN ALLEN. (Attachments: # 1 Exhibit)(ztd) (Entered: 05/06/2019)
2019-05-06	38	MOTION for Extension of Time to File Response/Reply as to 34 MOTION for Summary Judgment by BUREAU OF PRISONS, DEPARTMENT OF JUSTICE (Braswell, Marina) (Entered: 05/06/2019)
2019-05-07		MINUTE ORDER: Defendants' Motion for an Enlargement of Time to File Reply Brief 38 is GRANTED. Defendants shall file their reply by May 15, 2019. Signed by Judge Colleen Kollar-Kotelly on 5/7/19. (ms) (Entered: 05/07/2019)
2019-05-07		Set/Reset Deadlines: Defendants' Reply to 34 due by 5/15/2019. (dot) (Entered: 05/07/2019)
2019-05-15	39	REPLY to opposition to motion re 34 MOTION for Summary Judgment filed by BUREAU OF PRISONS, DEPARTMENT OF JUSTICE. (Attachments: # 1 3rd Supplemental Mack Declaration, # 2 Attachment 1, # 3 Attachment 2)(Braswell, Marina) (Entered: 05/15/2019)
2019-05-15	40	Supplemental MOTION for Summary Judgment by BUREAU OF PRISONS, DEPARTMENT OF JUSTICE (Attachments: # 1 3rd Supplemental Mack Declaration, # 2 Attachment 1, # 3 Attachment 2)(Braswell, Marina) (Entered: 05/15/2019)
2019-05-20	41	ERRATA by BUREAU OF PRISONS, DEPARTMENT OF JUSTICE 40 Supplemental MOTION for Summary Judgment filed by DEPARTMENT OF JUSTICE, BUREAU OF PRISONS. (Attachments: # 1 (Defendant Bureau of Prisons Supplemental Renewed Motion for Summary Judgment), # 2 Declaration (Third Supplemental Declaration of Violet Mack), # 3 (Attachment 1), # 4 (Attachment 2), # 5 (Table of Authorities), # 6 Text of Proposed Order)(Braswell, Marina) (Entered: 05/20/2019)
2019-05-29	42	Order advising plaintiff to respond to 40 BOP's supplemental renewed motion for Summary Judgment by 6/28/2019. Signed by Judge Colleen Kollar-Kotelly on 5/28/19. (ms) (Entered: 05/29/2019)
2019-07-05	43	Memorandum in opposition to re 40 Supplemental MOTION for Summary Judgment filed by ISAAC KELVIN ALLEN. (Attachments: # 1 Exhibit)(ztd) (Entered: 07/11/2019)
2019-07-12	44	REPLY to opposition to motion re 40 Supplemental MOTION for Summary Judgment filed by BUREAU OF PRISONS, DEPARTMENT OF JUSTICE. (Attachments: # 1 Table of Authorities)(Braswell, Marina) (Entered: 07/12/2019)
2019-10-11	45	MOTION filed by ISAAC KELVIN ALLEN (ztd);("Leave to file GRANTED" signed 10/11/19 by Judge Coleen Kollar-Kotelly) Modified on 11/1/2019 (ztd). ( Not sealed per Pro Se Staff Counsel) (Entered: 10/16/2019)
2020-01-29	46	ORDER denying plaintiff's 33 Motion for Reconsideration and 45 Request for Court to Conduct an "In Camera" Review; and granting 34 Defendant Bureau of Prisons' Renewed Motion for Summary Judgment and 40 Defendant Bureau of Prisons' Renewed Supplemental Renewed Motion for Summary Judgment. This is a final appealable Order. Signed by Judge Colleen Kollar-Kotelly on 1/29/20. (ms) (Entered: 01/29/2020)
2020-01-29	47	MEMORANDUM AND OPINION. Signed by Judge Colleen Kollar-Kotelly on 1/29/20. (ms) (Entered: 01/29/2020)
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