Case Detail

FOIA Project Annotation: Judge Richard Roberts has ruled that the Bureau of Alcohol, Tobacco and Firearms conducted an adequate search for records of a gun trace used to convict Earnest Wilson of possession of a firearm that had been shipped in interstate commerce and that the agency was prohibited from disclosing the gun trace under Exemption 3 (other statutes). Wilson was tried and convicted under Illinois state law for possession of a handgun that had been manufactured in Connecticut, shipped to Wisconsin, and then purchased by Wilson in Illinois. Wilson brought his suit under the Privacy Act claiming ATF's gun trace summary inaccurately inferred that his purchase of the gun in Illinois implicated him in interstate commerce. The agency processed his request as if it had been made under FOIA. Based on the statute that prohibits ATF from using any funds to process FOIA requests for gun trace records, the agency denied the request. Wilson challenged the agency's search. Roberts noted that "plaintiff is evaluating the adequacy of the search based on its results. Plaintiff's dissatisfaction with the results neither rebuts the presumption of good faith accorded to the ATF's supporting declaration nor demonstrates a genuine issue of material fact in dispute as to the ATF's compliance with the FOIA." Wilson claimed the agency failed to maintain fair and complete records under subsection (e)(5) of the Privacy Act. Roberts explained that because Wilson was attacking the validity of his sentence his appropriate remedy was to ask for a writ of habeas corpus. He then observed that "the Privacy Act is not the proper means by which a prisoner collaterally may attack his conviction or sentence. In other words, plaintiff cannot revise the underlying interstate nexus determination by means of this Privacy Act suit."
Issues: Exemption 3 - Limited agency discretion

Date Filed	Doc #	Docket Text
2013-04-04	1	COMPLAINT against All Defendants (Filing fee $ 0.00) filed by EARNEST WILSON. (Attachments: # 1 Civil Cover Sheet)(zmr, ) (Main Document 1 replaced on 4/15/2013 after darkening a page) (ztnr, ). (Entered: 04/09/2013)
2013-04-04	2	MOTION for Leave to Proceed in forma pauperis by EARNEST WILSON. (zmr, ) (Entered: 04/09/2013)
2013-04-04	3	PRISONER TRUST FUND ACCOUNT STATEMENT for period of six months by EARNEST WILSON. (zmr, ) (Entered: 04/09/2013)
2013-04-04	4	ORDER directing an initial partial filing fee in the amount of $24.33 from Prison Account of EARNEST WILSON, further ordered, granting MOTION for Leave to Proceed in forma pauperis. Signed by Judge James E. Boasberg on 4/3/2013. (zmr, ) . (Entered: 04/09/2013)
2013-04-04		SUMMONS Not Issued as to DEPARTMENT OF JUSTICE, BUREAU OF ALCOHOL TOBACCO FIREARMS AND EXPLOSIVES, UNITED STATES OF AMERICA (zmr, ) (Entered: 04/09/2013)
2013-04-16		SUMMONS (3) Issued as to DEPARTMENT OF JUSTICE, BUREAU OF ALCOHOL TOBACCO FIREARMS AND EXPLOSIVES, UNITED STATES OF AMERICA, U.S. Attorney and U.S. Attorney General (jf, ) (Entered: 04/17/2013)
2013-04-29	5	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 4/26/2013. Answer due for ALL FEDERAL DEFENDANTS by 5/26/2013. (jf, ) (Entered: 04/29/2013)
2013-05-01	6	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 4/28/13. (td, ) (Entered: 05/02/2013)
2013-05-02	7	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. DEPARTMENT OF JUSTICE, BUREAU OF ALCOHOL TOBACCO FIREARMS AND EXPLOSIVES served on 5/2/2013 (rdj) (Entered: 05/02/2013)
2013-05-10	8	NOTICE of Appearance by Nina Bafundo Crimm on behalf of DEPARTMENT OF JUSTICE, BUREAU OF ALCOHOL TOBACCO FIREARMS AND EXPLOSIVES, UNITED STATES OF AMERICA (Crimm, Nina) (Entered: 05/10/2013)
2013-05-21	9	MOTION for Extension of Time to File Answer or Otherwise Respond by DEPARTMENT OF JUSTICE, BUREAU OF ALCOHOL TOBACCO FIREARMS AND EXPLOSIVES, UNITED STATES OF AMERICA (Attachments: # 1 Text of Proposed Order)(Crimm, Nina) (Entered: 05/21/2013)
2013-05-22	10	ERRATA by DEPARTMENT OF JUSTICE, BUREAU OF ALCOHOL TOBACCO FIREARMS AND EXPLOSIVES, UNITED STATES OF AMERICA 9 MOTION for Extension of Time to File Answer or Otherwise Respond filed by UNITED STATES OF AMERICA, DEPARTMENT OF JUSTICE, BUREAU OF ALCOHOL TOBACCO FIREARMS AND EXPLOSIVES. (Attachments: # 1 Exhibit Exhibit 1)(Crimm, Nina) (Entered: 05/22/2013)
2013-06-03	11	RESPONSE re 9 MOTION for Extension of Time to File Answer or Otherwise Respond filed by EARNEST WILSON. (jf, ) (Entered: 06/05/2013)
2013-06-17	12	REPLY to opposition to motion re 9 MOTION for Extension of Time to File Answer or Otherwise Respond filed by DEPARTMENT OF JUSTICE, BUREAU OF ALCOHOL TOBACCO FIREARMS AND EXPLOSIVES, UNITED STATES OF AMERICA. (Crimm, Nina) (Entered: 06/17/2013)
2013-06-18		MINUTE ORDER: On consideration of the defendants' motion for an extension of time, which the plaintiff has opposed, it is hereby ordered that the defendants' motion 9 is granted. Their Answer or other response to the complaint is due by July 26, 2013. Signed by Judge Richard W. Roberts on 6/17/13. (ms, ) (Entered: 06/18/2013)
2013-07-01	13	WITHDRAWN PURSUANT TO MINUTE ORDER FILED ON 08/07/2013.....MOTION to supplement additional relevant information by EARNEST WILSON (Attachments: # 1 Exhibit)(jf, ) Modified on 8/8/2013 (jf, ). (Entered: 07/02/2013)
2013-07-18	14	MOTION to Strike 13 MOTION to supplement additional relevant information by DEPARTMENT OF JUSTICE, BUREAU OF ALCOHOL TOBACCO FIREARMS AND EXPLOSIVES, UNITED STATES OF AMERICA (Crimm, Nina) (Entered: 07/18/2013)
2013-07-18	15	MOTION to Stay Obligation to respond to Complaint pending resolution of Defendants' Motion to Strike by DEPARTMENT OF JUSTICE, BUREAU OF ALCOHOL TOBACCO FIREARMS AND EXPLOSIVES, UNITED STATES OF AMERICA (Crimm, Nina) (Entered: 07/18/2013)
2013-07-25	16	MOTION for Extension of Time to File Answer to Complaint by DEPARTMENT OF JUSTICE, BUREAU OF ALCOHOL TOBACCO FIREARMS AND EXPLOSIVES, UNITED STATES OF AMERICA (Crimm, Nina) (Entered: 07/25/2013)
2013-07-31	17	REPLY to opposition to re 16 MOTION for Extension of Time to File Answer to Complaint filed by EARNEST WILSON. "Leave to file GRANTED" signed by Chief Judge Richard W. Roberts on 07/26/2013 (jf, ) (Entered: 07/31/2013)
2013-08-05	18	MOTION to Withdraw 13 MOTION to supplement additional relevant information by EARNEST WILSON (jf, ) (Entered: 08/06/2013)
2013-08-07		MINUTE ORDER: It is hereby ordered that plaintiff's Motion to Withdraw the Motion to Supplement Additional Relevant Information 18 is granted, his Motion to Supplement Additional Relevant Information 13 is withdrawn, and Defendants' Motion to Strike Plaintiff's Motion to Supplement Additional Relevant Information 14 and to Stay Defendants' Obligation to Respond to Plaintiff's Complaint 15 is denied as moot. It is further ordered that Defendants' Motion for an Enlargement of Time to Answer or Otherwise Respond to Complaint 16 is granted, and defendants shall file their Answer or other response to the Complaint not later than August 27, 2013. Signed by Chief Judge Richard W. Roberts on 8/7/13. (ms, ) (Entered: 08/07/2013)
2013-08-07		Set/Reset Deadlines: Defendant's Response due by 8/27/2013 (hs) (Entered: 08/07/2013)
2013-08-27	19	NOTICE of Appearance by Peter Rolf Maier on behalf of DEPARTMENT OF JUSTICE, BUREAU OF ALCOHOL TOBACCO FIREARMS AND EXPLOSIVES, UNITED STATES OF AMERICA (Maier, Peter) (Entered: 08/27/2013)
2013-08-27	20	MOTION to Dismiss Or, In the Alternative, For Summary Judgment by DEPARTMENT OF JUSTICE, BUREAU OF ALCOHOL TOBACCO FIREARMS AND EXPLOSIVES, UNITED STATES OF AMERICA (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Text of Proposed Order)(Maier, Peter). Added MOTION for Summary Judgment on 8/28/2013 (jf, ). (Entered: 08/27/2013)
2013-08-28		NOTICE OF ERROR re 20 Motion to Dismiss; emailed to peter.maier2@usdoj.gov, cc'd 2 associated attorneys -- The PDF file you docketed contained errors: 1. Two-part docket entry, 2. Counsel is reminded to select all parts of their motion (jf, ) (Entered: 08/28/2013)
2013-09-09	21	Amended MOTION to Dismiss Or, In the Alternative, For Summary Judgment by DEPARTMENT OF JUSTICE, BUREAU OF ALCOHOL TOBACCO FIREARMS AND EXPLOSIVES, UNITED STATES OF AMERICA (Attachments: # 1 Declaration)(Maier, Peter). Added MOTION for Summary Judgment on 9/10/2013 (jf, ). (Entered: 09/09/2013)
2013-09-10		NOTICE OF ERROR re 21 Motion to Dismiss; emailed to peter.maier2@usdoj.gov, cc'd 2 associated attorneys -- The PDF file you docketed contained errors: 1. Two-part docket entry, 2. Counsel must select all reliefs for their Motion (jf, ) (Entered: 09/10/2013)
2013-09-13	22	Order advising plaintiff to respond by 10/14/2013 to defendants' 21 20 MOTION to Dismiss Or, In the Alternative, For Summary Judgment, or the Court may treat the motion as conceded. Signed by Chief Judge Richard W. Roberts on 9/13/13. (ms, ) (Entered: 09/13/2013)
2013-09-18	23	RESPONSE re 21 Amended MOTION to Dismiss Or, In the Alternative, For Summary Judgment filed by EARNEST WILSON. (jf, ) (Entered: 09/19/2013)
2013-09-25	24	REPLY to opposition to motion re 20 MOTION to Dismiss Or, In the Alternative, For Summary Judgment MOTION for Summary Judgment filed by DEPARTMENT OF JUSTICE, BUREAU OF ALCOHOL TOBACCO FIREARMS AND EXPLOSIVES, UNITED STATES OF AMERICA. (Maier, Peter) (Entered: 09/25/2013)
2013-10-18		MINUTE ORDER: From a document plaintiff attempted to file but for which leave to file was denied, it appears that plaintiff did not receive a copy of the Boucher declaration which was filed on September 9, 2013, with defendants' amended Motion to Dismiss Plaintiff's Complaint, or in the Alternative, for Summary Judgment [ECF No. 21]. It is hereby ORDERED that, by October 24, 2013, defendants send to plaintiff at his current address of record a duplicate of their amended motion and the supporting Boucher declaration. Plaintiff may supplement his opposition to defendants' motion by November 25, 2013.. Signed by Chief Judge Richard W. Roberts on 10/17/13. (ms, ) (Entered: 10/18/2013)
2013-10-18		Set/Reset Deadlines: Plaintiff's Supplemental Opposition due by 11/25/2013. (hs) (Entered: 10/18/2013)
2013-11-04	25	LEAVE TO FILE DENIED- EARNEST WILSON, Subpoena Duces Tecum. Leave to file DENIED", Signed by Chief Judge Richard W. Roberts on 10/17/2013. This document is unavailable as the Court denied its filing. (rdj) (Entered: 11/04/2013)
2013-11-12	26	RESPONSE to the declaration of Stephanie M. Boucher and defendant's statement of material facts re 21 Amended MOTION to Dismiss Or, In the Alternative, For Summary Judgment filed by EARNEST WILSON. (td, ) (Entered: 11/12/2013)
2014-03-12	27	MOTION for Joinder by FREDRICK DEGRAFFENREID (jf, ) (Entered: 03/13/2014)
2014-03-31	28	ENTERED IN ERROR.....Memorandum in opposition to re 27 MOTION for Joinder filed by DEPARTMENT OF JUSTICE, BUREAU OF ALCOHOL TOBACCO FIREARMS AND EXPLOSIVES, UNITED STATES OF AMERICA. (Maier, Peter) Modified on 4/1/2014 (jf, ). (Entered: 03/31/2014)
2014-03-31	29	Memorandum in opposition to re 27 MOTION for Joinder filed by DEPARTMENT OF JUSTICE, BUREAU OF ALCOHOL TOBACCO FIREARMS AND EXPLOSIVES, UNITED STATES OF AMERICA. (Maier, Peter) (Entered: 03/31/2014)
2014-04-01		NOTICE OF CORRECTED DOCKET ENTRY: Document No. re 28 Memorandum in Opposition was entered in error and was refiled by counsel with correct document. (See Docket Entry 28 to view document) (jf, ) (Entered: 04/01/2014)
2014-04-07	30	NOTICE of Change of Address by EARNEST WILSON (td, ) (Entered: 04/08/2014)
2015-03-31	31	ORDER denying 27 Motion for Joinder. Signed by Chief Judge Richard W. Roberts on 3/31/15. (ms, ) (Entered: 03/31/2015)
2015-03-31	32	MEMORANDUM AND OPINION. Signed by Chief Judge Richard W. Roberts on 3/31/15. (ms, ) (Entered: 03/31/2015)
2015-03-31	33	ORDER granting defendants' 20 20 21 Motion to Dismiss or in the Alternative for Summary Judgment. Signed by Chief Judge Richard W. Roberts on 3/31/15. (ms, ) (Entered: 03/31/2015)
2015-04-08	34	Mail Returned as undeliverable. sent to Frederrck DeGraffenreid; Type of Document Returned: Memorandum Order dated: 3/31/15; Resent at new address: Unknown. (hs) (Entered: 04/08/2015)
2015-04-15	35	Mail Returned as undeliverable: sent to Ernest Wilson released on 12/11/2014; Type of Document Returned: Memorandum Order and Opinion dated 3/31/2015; Resent at new address: Uknown. (hs) (Entered: 04/15/2015)
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