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Case TitleMyers v. US Department of Justice
DistrictDistrict of South Carolina
CityGreenville
Case Number6:2014cv02541
Date Filed2014-06-23
Date Closed2015-08-17
JudgeHonorable Henry M Herlong, Jr
PlaintiffMichael F Myers
also known as Michael Frank Myers
Case DescriptionMichael Myers made a FOIA request to the Executive Office for U.S. Attorneys for records pertaining to evidence collected as part of his investigation and conviction. After appealing to the Office of Information Policy, which remanded the request to EOUSA for further processing, he filed suit.
Complaint issues: Failure to respond within statutory time limit

DefendantDavid C Stephens Assistant US Attorney
DefendantDavid C Stephens Assistant US Attorney
TERMINATED: 08/27/2014
DefendantWilliam N Nettles US Attorney for SC
DefendantWilliam N Nettles US Attorney for SC
TERMINATED: 08/27/2014
DefendantEric Holder, Jr. US Attorney General
DefendantEric Holder, Jr. US Attorney General
TERMINATED: 08/27/2014
DefendantUS Department of Justice
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Opinion/Order [19]
Opinion/Order [24]
FOIA Project Annotation: The court adopted the magistrate judge's recommendation that Attorney General Eric Holder, U.S. Attorney for the District of South Carolina William Nettles, and Assistant U.S. Attorney David Stephens be dismissed as defendants in the case.
Issues: Litigation - Jurisdiction - Proper Party
Opinion/Order [39]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2014-06-231COMPLAINT against Eric Holder, Jr, William N Nettles, David C Stephens, US Department of Justice, filed by Michael F Myers. Service due by 10/24/2014. (Attachments: # 1 Attachment Table of Contents, # 2 Supporting Documents, # 3 Envelope)(kmca) (Entered: 06/24/2014)
2014-06-233MOTION for Leave to Proceed in forma pauperis (Restricted Access) by Michael F Myers. Response to Motion due by 7/10/2014. No proposed order.Motions referred to Jacquelyn D Austin.(kmca) (Entered: 06/24/2014)
2014-06-234Local Rule 26.01 Answers to Interrogatories by Michael F Myers. (Attachments: # 1 Envelope)(kmca) (Entered: 06/24/2014)
2014-06-236Letter from Michael Myers requesting return of sealed self-addressed, stamped envelope. (Attachments: # 1 Envelope)(kmca) (Entered: 06/24/2014)
2014-06-247***DOCUMENT MAILED: sealed, self-addressed, stamped envelope per 6 Letter, placed in U.S. Mail to Michael F Myers (kmca) (Entered: 06/24/2014)
2014-07-0811PROPER FORM ORDER. Case to be brought into proper form by 8/1/2014. Signed by Magistrate Judge Jacquelyn D Austin on 7/8/14. (kmca) (Entered: 07/08/2014)
2014-07-0812TEXT ORDER granting 3 Motion for Leave to Proceed in forma pauperis per 11 order. Signed by Magistrate Judge Jacquelyn D Austin on 7/8/14.(kmca) (Entered: 07/08/2014)
2014-07-0813***DOCUMENT MAILED 11 Proper Form Order with summons and 6 USM-285s, 12 Order on Motion for Leave to Proceed in forma pauperis, and copy policy, placed in U.S. Mail to Michael F Myers (kmca) (Entered: 07/08/2014)
2014-08-0418ORDER authorizing service of process by clerk on US Department of Justice ONLY. Signed by Magistrate Judge Jacquelyn D Austin on 8/4/14. (kmca) (Entered: 08/04/2014)
2014-08-0419REPORT AND RECOMMENDATION that the District Court dismiss Defendants David C Stephens, Assistant US Attorney; William N Nettles, US Attorney for SC; and Eric Holder Jr, US Attorney General; from this action without prejudice and without issuance and service of process. Service is authorized for the Defendant United States Department of Justice. Objections to R&R due by 8/21/2014. Signed by Magistrate Judge Jacquelyn D Austin on 8/4/14. (kmca) (Entered: 08/04/2014)
2014-08-0420***DOCUMENT MAILED 18 Order Service, 19 REPORT AND RECOMMENDATION, placed in U.S. Mail to Michael F Myers (kmca) (Entered: 08/04/2014)
2014-08-0421Summons Issued as to US Department of Justice. Service due by 12/5/2014. (kmca) (Entered: 08/04/2014)
2014-08-2724OPINION and ORDER RULING ON REPORT AND RECOMMENDATION for 19 Report and Recommendation, DISMISSING Defendants David C. Stephens, Assistant US Attorney, William N. Nettles, US Attorney for S.C., and Eric Holder, Jr., US Attorney General without prejudice and without issuance and service of process. Signed by Honorable Henry M Herlong, Jr on 8/27/14. (sfla) (Entered: 08/27/2014)
2014-08-2725***DOCUMENT MAILED 24 Order Ruling on Report and Recommendation, placed in U.S. Mail to pro se plaintiff (sfla, ) (Entered: 08/27/2014)
2014-08-2727SUMMONS Returned Executed: US Department of Justice (via US Attorney for the District of SC) served on 8/13/2014, answer due 10/14/2014. (kmca) (Entered: 08/27/2014)
2014-10-1028MOTION for Extension of Time to File Answer re 1 Complaint, by US Department of Justice. Response to Motion due by 10/27/2014. Proposed order is being emailed to chambers with copy to opposing counsel.Motions referred to Jacquelyn D Austin.(Bowens, Barbara) (Entered: 10/10/2014)
2014-10-1429TEXT ORDER granting Defendant's 28 Motion for extension of time. A responsive pleading is due by October 28, 2014. Signed by Magistrate Judge Jacquelyn D Austin on 10/14/14.(kmca) (Entered: 10/14/2014)
2014-10-1430***DOCUMENT MAILED 29 Order on Motion for Extension of Time, placed in U.S. Mail to Michael F Myers (kmca) (Entered: 10/14/2014)
2014-10-2831MOTION for Summary Judgment and Memorandum in Support by US Department of Justice. Response to Motion due by 11/17/2014. (Attachments: # 1 Exhibit 1, Declaration of John F. Boseker, # 2 Exhibit 2, Declaration of Tammy Bott)No proposed order.Motions referred to Jacquelyn D Austin.(Bowens, Barbara) (Entered: 10/28/2014)
2014-10-2932ROSEBORO ORDER directing clerk to forward summary judgment explanation to the opposing party and directing that party to respond in 34 days. Response due to Defendant's 31 MOTION for Summary Judgment. (Response to 31 Motion due by 12/4/2014.) Signed by Magistrate Judge Jacquelyn D Austin on 10/29/14. (kmca) (Entered: 10/29/2014)
2014-10-2933***DOCUMENT MAILED 32 Roseboro Order, placed in U.S. Mail to Michael F Myers (kmca) (Entered: 10/29/2014)
2014-12-0134RESPONSE in Opposition re 31 MOTION for Summary Judgment.Response filed by Michael F Myers.Reply to Response to Motion due by 12/11/2014. (Attachments: # 1 Cover letter, # 2 Envelope)(kmca) (Entered: 12/01/2014)
2014-12-0135***DOCUMENT MAILED: Plaintiff's copy of 34 Response in Opposition to Motion, placed in U.S. Mail to Michael F Myers in SASE (kmca) (Entered: 12/01/2014)
2015-07-2737REPORT AND RECOMMENDATION recommending 31 Defendant's Motion for Summary Judgment be GRANTED. Objections to R&R due by 8/13/2015 Signed by Magistrate Judge Jacquelyn D Austin on 7/27/2015. (Attachments: # 1 Notice of Right to File Objection)(gpre, ) Modified on 8/13/2015 - edit text (sfla). (Entered: 07/27/2015)
2015-07-2738***DOCUMENT MAILED 37 REPORT AND RECOMMENDATION placed in U.S. Mail to Michael F. Myers (gpre, ) (Entered: 07/27/2015)
2015-08-1739ORDER adopting Report and Recommendations re 37 Report and Recommendation, granting 31 Motion for Summary Judgment. Signed by Honorable Henry M Herlong, Jr on 8/17/15.(sfla, ) (Entered: 08/17/2015)
2015-08-1740SUMMARY JUDGMENT in favor of defendant against plaintiff (sfla, ) (Entered: 08/17/2015)
2015-08-1741***DOCUMENT MAILED 40 Summary Judgment, 39 Order on Report and Recommendation, Order on Motion for Summary Judgment placed in U.S. Mail to pro se plaintiff (sfla, ) (Entered: 08/17/2015)
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by FOIA Project Staff
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