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Case TitleZakarneh v. United States Citizenship and Immigration Services
DistrictDistrict of Oregon
CityPortland
Case Number3:2022cv01812
Date Filed2022-11-18
Date Closed2024-03-11
JudgeJudge Michael H. Simon
PlaintiffTareq Zakarneh
Case DescriptionTareq Zakarneh submitted FOIA requests to U.S. Citizenship and Immigration Services for records about himself. The agencies acknowledged receipt of the requests but after hearing nothing further from the agencies, Zakarneh filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Recovery of Costs

DefendantUSCIS
TERMINATED: 01/17/2023
DefendantUSCIS
DefendantICE
TERMINATED: 01/17/2023
DefendantICE
DefendantCBP
DefendantCBP
TERMINATED: 01/17/2023
DefendantFBI
DefendantFBI
TERMINATED: 01/17/2023
DefendantDHS
DefendantDHS
TERMINATED: 01/17/2023
DefendantPamela Mark USCIS
DefendantPamela Mark USCIS
TERMINATED: 01/17/2023
DefendantAgent Benjamin Long FBI
DefendantAgent Benjamin Long FBI
TERMINATED: 01/17/2023
DefendantOfficer Tad Foy CBP
DefendantOfficer Tad Foy CBP
TERMINATED: 01/17/2023
DefendantOfficer Doug Emry Department of Homeland Security
DefendantOfficer Doug Emry Department of Homeland Security
TERMINATED: 01/17/2023
DefendantSara Bar ICE
DefendantSara Bar ICE
TERMINATED: 01/17/2023
DefendantXiao Yan Huan ICE
DefendantXiao Yan Huan ICE
TERMINATED: 01/17/2023
DefendantRichard L. Miller USCIS
DefendantRichard L. Miller USCIS
TERMINATED: 01/17/2023
DefendantErin Clifford
DefendantErin Clifford
TERMINATED: 01/17/2023
DefendantDean Emmons
DefendantDean Emmons
TERMINATED: 01/17/2023
DefendantMichelle Slayton
DefendantMichelle Slayton
TERMINATED: 01/17/2023
DefendantUnited States Citizenship and Immigration Services
Documents
Docket
Complaint
Complaint attachment 1
Opinion/Order [32]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2022-11-181Complaint. Jury Trial Requested: Yes. Filed by Tareq Zakarneh against Sara Bar, CBP, Erin Clifford, DHS, Dean Emmons, Doug Emry, FBI, Tad Foy, Xiao Yan Huan, ICE, Benjamin Long, Pamela Mark, Richard L. Miller, Michelle Slayton, USCIS (Attachments: # 1 Civil Cover Sheet). (dino) (Entered: 11/21/2022)
2022-11-182Application for Leave to Proceed IFP. Filed by Tareq Zakarneh. (dino) (Entered: 11/21/2022)
2022-11-183Motion for Appointment of Pro Bono Counsel. Filed by Tareq Zakarneh. (dino) (Entered: 11/21/2022)
2022-11-214Notice of Case Assignment: This case is assigned to Judge Michael H. Simon. (Deposited in outgoing mail to pro se party on 11/21/2022.) (dino) (Entered: 11/21/2022)
2022-12-135ORDER - The Court GRANTS Plaintiff's application to proceed in forma pauperis, ECF 2 . The Court DENIES Plaintiff's motion for appointment of pro bono counsel, ECF 3 . The Court DISMISSES Plaintiff's Complaint (ECF 1 ) for failure to state a claim upon which relief may be granted. Plaintiff may file an amended complaint on or before January 17, 2023, if Plaintiff believes he can cure the deficiencies identified in this Order. Signed on 12/13/2022 by Judge Michael H. Simon. (Deposited in outgoing mail to pro se party on 12/13/2022.) (mja) (Entered: 12/13/2022)
2022-12-296Motion to Extend. Filed by Tareq Zakarneh. (dino) (Entered: 12/30/2022)
2022-12-307ORDER - Plaintiff's motion to extend deadlines (ECF 6 ) is DENIED. If a proper Amended Complaint is not filed by January 17, 2023, this case will be dismissed without prejudice. Ordered by Judge Michael H. Simon (Deposited in outgoing mail to pro se party on 12/30/2022.) (mja) (Entered: 12/30/2022)
2023-01-178Amended Complaint. Filed by Tareq Zakarneh against United States Citizenship and Immigration Services. (ecp) (Entered: 01/17/2023)
2023-01-249ORDER: In his Amended Complaint, ECF 8, Plaintiff requests that the Court grant Plaintiff's request to proceed in forma pauperis (IFP), ECF 2. The Court, however, already has granted Plaintiff's application for leave to proceed IFP, ECF 5. This action may go forward without the payment of filing fees or costs associated with service. The Court directs the Court Clerk to send Plaintiff the forms and instructions for service of process. Ordered by Judge Michael H. Simon. (Deposited in outgoing mail to pro se party on 1/24/2023.) (jp) (Entered: 01/24/2023)
2023-02-0710Summons Issued as to United States Citizenship and Immigration Services., Service Papers Received. Summons as to United States Citizenship and Immigration Services. Summons, USM 285 form(s), and copies of the Complaint and Order to Proceed in forma pauperis forwarded to the U.S. Marshals Service for service. (fp) (Entered: 02/07/2023)
2023-02-2111Return of Service Executed as to United States Citizenship and Immigration Services and Attorney General served on 2/14/2023, answer due on 3/16/2023. Service specifically made upon Other Agency. (Attachments: # 1 Summons return) (ecp) (Entered: 02/22/2023)
2023-03-1612Answer to 8 Amended Complaint . Filed by United States Citizenship and Immigration Services. (Keller, Joshua) (Entered: 03/16/2023)
2023-05-0113Rule 26(f) Report and Discovery Plan . Filed by United States Citizenship and Immigration Services. (Keller, Joshua) (Entered: 05/01/2023)
2023-06-1414Motion for Extension of Time on Summary Judgment Briefing . Filed by United States Citizenship and Immigration Services. (Keller, Joshua) (Entered: 06/14/2023)
2023-06-2015Motion for Leave to Seek an Amended Complaint Freedom of Information Act and Declaratory of an Injunctive Relief. Filed by Tareq Zakarneh. (ecp) (Entered: 06/21/2023)
2023-06-2616Response to Motion for Extension of Time on Summary Judgment Briefing 14 . Filed by Tareq Zakarneh. (ecp) (Entered: 06/27/2023)
2023-07-0517Response in Opposition to Motion for Leave to File Amended Complaint/Petition 15 . Filed by United States Citizenship and Immigration Services. (Keller, Joshua) (Entered: 07/05/2023)
2023-07-1918Motion for Extension of Time to File a Reply to Motion for Leave to File Amended Complaint 15 . Filed by Tareq Zakarneh. (ecp) (Entered: 07/24/2023)
2023-07-2519ORDER - The Court GRANTS Plaintiff's Motion for Extension of Time to File a Reply in support of his motion for Leave to File Amended Complaint, ECF 18 . Plaintiff's reply is due on August 24, 2023. The Court will set a new schedule for summary judgment briefing after considering Plaintiff's reply. Ordered by Judge Michael H. Simon. (Deposited in outgoing mail to pro se party on 7/25/2023.) (mja) (Entered: 07/25/2023)
2023-08-2220Motion to Produce Discovery. Filed by Tareq Zakarneh. (ecp) (Entered: 08/23/2023)
2023-08-2221Motion to Disclose a Conversation Discovery between the Defendant attorney office and OIL Attorney as ICE attorney and other agencies. Filed by Tareq Zakarneh. (ecp) (Entered: 08/23/2023)
2023-08-2222Reply to Motion for Leave to File Amended Complaint 15 . Titled as "Motion to extend the time to reply in support of your Motion for Leave to Amend Complaint" Filed by Tareq Zakarneh. (ecp) (Entered: 08/23/2023)
2023-09-0523Response to Motion for Discovery and/or Inspection 20 , Motion 21 . Filed by United States Citizenship and Immigration Services. (Keller, Joshua) (Entered: 09/05/2023)
2023-09-1924Motion for Protective Order. Filed by Tareq Zakarneh. (dino) Modified on 10/11/2023 (mja). (Entered: 09/20/2023)
2023-09-2725SCHEDULING ORDER - On September 19, 2023, Plaintiff filed a motion for protective order (ECF 24 ). The Court construes Plaintiff's motion as a motion for temporary restraining order and preliminary injunction, and orders an expedited briefing schedule. The Government's response to Plaintiffs motion (ECF 24 ) is due by 5 p.m. on Friday, September 29, 2023. Ordered by Judge Michael H. Simon. (Deposited in outgoing mail and emailed to pro se party on 9/27/2023.) (mja) (Entered: 09/27/2023)
2023-09-2926Response to Motion for Protective Order 24 . Filed by United States Citizenship and Immigration Services. (Keller, Joshua) (Entered: 09/29/2023)
2023-09-2927Declaration of Joshua Keller . Filed by United States Citizenship and Immigration Services. (Related document(s): Response to Motion 26 .) (Attachments: # 1 Exhibit 1) (Keller, Joshua) (Entered: 09/29/2023)
2023-10-0228SCHEDULING ORDER - The Government filed an expedited response (ECF 26 ) to Plaintiffs motion (ECF 24 ) on September 29, 2023. Plaintiff's reply to the Government's response is due by October 6, 2023. Plaintiff may move for an extension of time to reply if necessary. Ordered by Judge Michael H. Simon. (Deposited in outgoing mail and emailed to pro se party on 10/2/2023.) (mja) (Entered: 10/02/2023)
2023-10-0229Reply of Support to the Defendant Response of the Plaintiff Motion to Produce a Protective Order against Ice and Other Defendant Agencies. ( Motion for Protective Order 24 ). Filed by Tareq Zakarneh. (ecp) (Entered: 10/03/2023)
2023-10-0230Declaration of Tareq Zakarneh. Filed by Tareq Zakarneh. (ecp) (Entered: 10/03/2023)
2023-10-1131ORDER - This Court lacks jurisdiction to grant the relief that Plaintiff seeks. The Court cannot interfere with Plaintiff's removal proceedings. Thus, Plaintiff cannot establish that he has a substantial likelihood of success on the merits of any claim that would provide the relief he requests. The Court DENIES Plaintiff's motion for temporary restraining order and preliminary injunction (ECF 24 ). Signed on 10/11/2023 by Judge Michael H. Simon. (Deposited in outgoing mail to pro se party on 10/11/2023.) (mja) (Entered: 10/11/2023)
2023-10-2532Opinion and Order - For the stated reasons, the Court DENIES Plaintiff's Motion for Leave to Amend (ECF 15 ). The Court DENIES Plaintiff's Motion to Compel Discovery (ECF 20 ). The Court DENIES Plaintiff's Motion to Compel Disclosure (ECF 21 ). Signed on 10/25/2023 by Judge Michael H. Simon. (Deposited in outgoing mail to pro se party on 10/25/2023.) (mja) (Entered: 10/25/2023)
2023-11-0933Motion to put the case in abeyance mode. Filed by Tareq Zakarneh. (ecp) (Entered: 11/09/2023)
2023-11-1034ORDER - The Court DENIES Plaintiff's Motion to Put the Case on an Abeyance Mode (ECF 33 ) but will dismiss this case without prejudice unless Plaintiff shows cause within two weeks from the date of this Order for why that should not be done. Ordered by Judge Michael H. Simon (Deposited in outgoing mail to pro se party on 11/13/2023 and emailed to pro se party 11/10/2023) (mja) (Entered: 11/10/2023)
2024-03-1135ORDER - On November 9, 2023, Plaintiff filed a motion requesting that the Court put this case into "abeyance." ECF 33 . The Court denied Plaintiff's motion and ordered that Plaintiff show cause why this case should not be dismissed without prejudice. ECF 34 . Plaintiff failed to comply with that Order. In light of Plaintiff's failure to comply with the Court's Order, the Court dismisses this case without prejudice. Signed on 3/11/2024 by Judge Michael H. Simon. (Deposited in outgoing mail to pro se party on 3/11/2024.) (mja) (Entered: 03/11/2024)
2024-03-1136JUDGMENT - Based on the Court's ORDER, IT IS ADJUDGED that this case is DISMISSED without prejudice. Signed on 3/11/2024 by Judge Michael H. Simon. (Deposited in outgoing mail to pro se party on 3/11/2024.) (mja) (Entered: 03/11/2024)
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