Case Detail

FOIA Project Annotation: Judge Emmet Sullivan has ruled that the Bureau of Prisons has not yet justified its search for records pertaining to a Special Investigative Service report of a prison incident involving Martin Sanchez-Alaniz or its claim that Exemption 7(F) (harm to an individual) applies to parts of the records. Sanchez-Alaniz requested the records pertaining to an incident at Atwater Penitentiary. BOP said the SIS records remained at the originating institution and searched it Western Regional Counsel's Office and disclosed the five pages it found to Sanchez-Alaniz. Sullivan found the agency had so far failed to describe the search sufficiently. He noted that "missing from the declaration is any description of the search itself. The declarant neither identifies which files were searched, nor explains why particular files were searched, nor describes how the files were searched. The declaration is vague and conclusory, and it does not explain adequately the scope and method of the BOP's search." In invoking Exemption 7(F), the agency explained that "a reasonable likelihood that there was a threat of harm to BOP SIS employees and inmates could be inferred from the facts and circumstances evident in the document in question." Sullivan indicated that "this description is vague and conclusory. Based on BOP's declaration and review of the redacted Inmate Investigation Report, there is no apparent connection between disclosure and possible harm to SIS employees or to inmates."
Issues: Adequacy - Search, Exemption 7(F)

FOIA Project Annotation: Judge Emmet Sullivan has ruled that the Bureau of Prisons properly responded to several requests submitted by prisoner Martin Sanchez-Alaniz for various records about his incarceration. Sanchez-Alaniz requested records about a tort claim he made for damage to his locker. BOP indicated that it could find no record of having received the request. Sanchez-Alaniz also requested records concerning his security assessment at the federal penitentiary at Atwater, California. BOP disclosed five redacted pages in response to the request. His third request was for medical, commissary, and use of force records from his time at the federal penitentiary at Yazoo City, Mississippi. The agency estimated the fees would be $96.60, which Sanchez-Alaniz declined to pay. Sullivan dismissed Sanchez-Alaniz's FOIA claim for his first request for failure to exhaust his administrative remedies. He observed that Sanchez-Alaniz "offers no support for his assertion that the Office of the Counsel at BOP's Central Office in Washington, D.C. actually received this FOIA request. At any rate, plaintiff waives this claim." Sullivan also found Sanchez-Alaniz had failed to exhaust his administrative remedies as to his third request for which the agency had required fees. Sullivan noted that "Plaintiff does not demonstrate that he actually paid any part of his requested fees. Nor does plaintiff show that he challenged the calculation of the fees at the administrative level, and the Court will not entertain his arguments in the context of this litigation." As to the second request, Sullivan found the agency had properly redacted information under Exemption 7(C) (invasion of privacy concerning law enforcement records) and Exemption 7(F) (harm to any person). Sanchez-Alaniz argued that he had gotten the same report as the result of two other FOIA requests and those records had been redacted differently. But BOP insisted the reports were not the same and that Sanchez-Alaniz's connection to the incidents was different. Sullivan agreed with the agency, explaining that "BOP staff saw fit to release certain information from one report and to withhold similar information from the other."
Issues: Litigation - Jurisdiction - Failure to Exhaust

Date Filed	Doc #	Docket Text
2013-11-19	1	COMPLAINT against FEDERAL BUREAU OF PRISONS, UNITED STATES OF AMERICA (Filing fee $ 0) filed by MARTIN SANCHEZ-ALANIZ. (Attachments: # 1 Civil Cover Sheet)(rj, ) (Entered: 11/26/2013)
2013-11-19	2	MOTION for Leave to Proceed in forma pauperis by MARTIN SANCHEZ-ALANIZ. (rj, ) (Entered: 11/26/2013)
2013-11-19	3	PRISONER TRUST FUND ACCOUNT STATEMENT for period of six months by MARTIN SANCHEZ-ALANIZ. (rj, ) (Entered: 11/26/2013)
2013-11-19	4	ORDER directing an initial partial filing fee in the amount of $20.83 be made from the Prison Account of MARTIN SANCHEZ-ALANIZ; further ordered, granting 2 Motion for Leave to Proceed in forma pauperis. Signed by Judge Ketanji Brown Jackson on 10/3/2013. (rj, ) (Entered: 11/26/2013)
2013-11-22		SUMMONS (3) ISSUED as to FEDERAL BUREAU OF PRISONS, UNITED STATES OF AMERICA, U.S. Attorney and U.S. Attorney General (md, ) (Entered: 12/02/2013)
2013-11-26		NOTICE: Order 4 mailed to MARTIN SANCHEZ-ALANIZ at court's address of record. (mac) (Entered: 11/26/2013)
2013-12-02	5	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 11/27/013. (jf, ) (Entered: 12/03/2013)
2013-12-04	6	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 12/2/2013. Answer due for ALL FEDERAL DEFENDANTS by 1/1/2014. (jf, ) (Entered: 12/05/2013)
2013-12-06	7	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. FEDERAL BUREAU OF PRISONS served on 12/4/2013 (rdj) (Entered: 12/09/2013)
2013-12-23	8	NOTICE of Appearance by Wenqiong Fu on behalf of All Defendants (Attachments: # 1 Certificate of Service)(Fu, Wenqiong) (Entered: 12/23/2013)
2013-12-26	9	MOTION for Extension of Time to File Answer or dispositive motion by FEDERAL BUREAU OF PRISONS, UNITED STATES OF AMERICA (Attachments: # 1 Certificate of Service, # 2 Text of Proposed Order)(Fu, Wenqiong) (Entered: 12/26/2013)
2013-12-30		MINUTE ORDER: Defendants' 9 Motion for Extension of Time is granted, and their Answer or dispositive motion is due by February 3, 2014. Signed by Judge Emmet G. Sullivan on 12/30/13. (ms, ) (Entered: 12/30/2013)
2014-01-06		Set/Reset Deadlines: Answer or Dispositive Motion due by 2/3/2014. (mac) (Entered: 01/06/2014)
2014-01-06		NOTICE: Minute Order dated 12/30/13 mailed to MARTIN SANCHEZ-ALANIZ at court's address of record. (mac) (Entered: 01/06/2014)
2014-01-29	10	MOTION for Extension of Time to file an Answer to complaint by FEDERAL BUREAU OF PRISONS, UNITED STATES OF AMERICA (Attachments: # 1 Certificate of Service, # 2 Text of Proposed Order)(Fu, Wenqiong) (Entered: 01/29/2014)
2014-01-31		MINUTE ORDER: Defendants' 10 Motion for Extension of Time is granted, and their response to the Complaint is due by March 3, 2014. Signed by Judge Emmet G. Sullivan on 1/31/14. (ms, ) (Entered: 01/31/2014)
2014-02-04		Set/Reset Deadlines: Answer due by 3/3/2014. (mac) (Entered: 02/04/2014)
2014-02-04		NOTICE: Minute Order dated 1/31/14 mailed to MARTIN SANCHEZ-ALANIZ at court's address of record. (mac) (Entered: 02/04/2014)
2014-02-10	11	MOTION to Compel by MARTIN SANCHEZ-ALANIZ. "Leave to file GRANTED" signed by Judge Emmet G. Sullivan on 02/10/2014 (jf, ) (Entered: 02/10/2014)
2014-02-19	12	Memorandum in opposition to re 11 MOTION to Compel filed by FEDERAL BUREAU OF PRISONS, UNITED STATES OF AMERICA. (Attachments: # 1 Certificate of Service)(Fu, Wenqiong) (Entered: 02/19/2014)
2014-02-27	13	MOTION for Extension of Time to File Answer by FEDERAL BUREAU OF PRISONS, UNITED STATES OF AMERICA (Attachments: # 1 Certificate of Service, # 2 Text of Proposed Order)(Fu, Wenqiong) (Entered: 02/27/2014)
2014-02-28	14	ORDER denying 11 plaintiff's Motion to Compel and granting 13 defendant's Motion for Extension of Time. Defendant's Answer or other response to the Complaint is due by 4/3/14. Signed by Judge Emmet G. Sullivan on 2/28/14. (ms, ) (Entered: 02/28/2014)
2014-02-28		Set/Reset Deadlines: Answer due by 4/3/2014. (mac) (Entered: 02/28/2014)
2014-02-28		NOTICE: Minute Order dated 02/28/14 mailed to MARTIN SANCHEZ-ALANIZ at court's address of record. (mac) (Entered: 02/28/2014)
2014-03-25	15	MOTION for Summary Judgment or in the alternative Motion to Dismiss by FEDERAL BUREAU OF PRISONS, UNITED STATES OF AMERICA (Attachments: # 1 Certificate of Service, # 2 Declaration Vickers Declaration, # 3 Exhibit 1, # 4 Exhibit 2, # 5 Exhibit 3, # 6 Exhibit 4, # 7 Exhibit 5, # 8 Exhibit 6, # 9 Exhibit 7, # 10 Exhibit 8, # 11 Exhibit 9, # 12 Exhibit 10)(Fu, Wenqiong). Added MOTION to Dismiss on 3/25/2014 (jf, ). (Entered: 03/25/2014)
2014-03-25		NOTICE OF ERROR re 15 Motion for Summary Judgment; emailed to wenqiong.fu@usdoj.gov, cc'd 1 associated attorneys -- The PDF file you docketed contained errors: 1. Two-part docket entry, 2. DO NOT REFILE---Counsel is reminded to select all parts of their motion (jf, ) (Entered: 03/25/2014)
2014-03-28	16	NOTICE OF SUBSTITUTION OF COUNSEL by Dionne S. Shy on behalf of All Defendants Substituting for attorney Wenqiong Fu (Shy, Dionne) (Entered: 03/28/2014)
2014-03-28	17	Order advising plaintiff to respond by 4/30/2014 to the defendants' 15 MOTION to Dismiss or for Summary Judgment, or the Court will treat the motion as conceded. Signed by Judge Emmet G. Sullivan on 3/27/14. (ms, ) (Entered: 03/28/2014)
2014-03-31		Set/Reset Deadlines: Plaintiff Response to Motion to Dismiss due by 4/30/2014 (mac) (Entered: 03/31/2014)
2014-03-31		NOTICE: 17 Order mailed to MARTIN SANCHEZ-ALANIZ at court's address of record. (mac) (Entered: 03/31/2014)
2014-04-07	18	NOTICE of Intent to Reply to Defendants Motion to Dismiss by MARTIN SANCHEZ-ALANIZ re 15 MOTION for Summary Judgment or in the alternative Motion to Dismiss (td, ) (Entered: 04/08/2014)
2014-05-06	19	MOTION for Leave to File Supplemental Pleading to Petition by MARTIN SANCHEZ-ALANIZ. (Document Illegible) (Attachments: # 1 Exhibit Motion to Strike)(jf, ) (Entered: 05/07/2014)
2014-05-08		MINUTE ORDER: It is hereby ORDERED that plaintiff's Motion for Leave of Court to File Supplemental Pleading to Petition 19 is DENIED. It is FURTHER ORDERED that plaintiff's Motion to Strike the Defendants' Response and Motion for Summary Judgment" is DENIED, and, instead, the Court treats the submission as plaintiff's opposition to defendants' Motion to Dismiss, or, in the Alternative, Motion for Summary Judgment 15 . Signed by Judge Emmet G. Sullivan on 5/8/14. (ms, ) (Entered: 05/08/2014)
2014-05-13	20	MOTION for Extension of Time to File Reply and Opposition by FEDERAL BUREAU OF PRISONS, UNITED STATES OF AMERICA (Shy, Dionne) (Entered: 05/13/2014)
2014-05-16		MINUTE ORDER: Defendants' 20 Motion for Extension of Time is granted, and their Reply is due by May 28, 2014. Signed by Judge Emmet G. Sullivan on 5/16/14. (ms, ) (Entered: 05/16/2014)
2014-05-16		Set/Reset Deadlines: Defendant Reply due by 5/28/2014. (mac) (Entered: 05/16/2014)
2014-05-16		NOTICE: Minute Order dated 5/16/14 mailed to MARTIN SANCHEZ-ALANIZ at court's address of record. (mac) (Entered: 05/16/2014)
2014-05-28	21	REPLY to opposition to motion re 19 MOTION for Leave to File Supplemental Pleading to Petition filed by FEDERAL BUREAU OF PRISONS, UNITED STATES OF AMERICA. (Attachments: # 1 Exhibit 1 (Declaration of Beth Ochoa dated 5/21/2014))(Shy, Dionne) Modified on 5/28/2014 (jf, ). (Entered: 05/28/2014)
2014-05-28	22	Memorandum in opposition to re 19 MOTION for Leave to File (Defendants' Reply to Plaintiff's Opposition to Dispositive Motion and Defendants' Opposition to Plaintiff's Cross Motion for Summary Judgment) filed by FEDERAL BUREAU OF PRISONS, UNITED STATES OF AMERICA. (Attachments: # 1 Exhibit 1 (Declaration of Beth Ochoa dated 5/21/2014))(Shy, Dionne) (Entered: 05/28/2014)
2014-08-29	23	NOTICE OF WITHDRAWAL OF APPEARANCE as to FEDERAL BUREAU OF PRISONS, UNITED STATES OF AMERICA. Attorney Dionne S. Shy terminated. (Shy, Dionne) (Entered: 08/29/2014)
2014-09-19	25	NOTICE of Change of Address by MARTIN SANCHEZ-ALANIZ (td, ) (Entered: 09/23/2014)
2014-09-23	24	NOTICE of Appearance by Jodi T. George on behalf of All Defendants (George, Jodi) (Entered: 09/23/2014)
2014-10-30	26	MOTION for Order to Rule by MARTIN SANCHEZ-ALANIZ (td, ) (Entered: 10/31/2014)
2014-11-06	27	NOTICE of Intent by MARTIN SANCHEZ-ALANIZ (jf, ) (Entered: 11/07/2014)
2014-12-01	28	MOTION for Leave to File by MARTIN SANCHEZ-ALANIZ (jf, ) (Entered: 12/03/2014)
2015-01-05	29	NOTICE of Change of Address by MARTIN SANCHEZ-ALANIZ (jf, ) (Entered: 01/07/2015)
2015-03-30	30	MEMORANDUM OPINION and Order denying defendant's Motion to Dismiss, or in the Alternative, Motion for Summary Judgment 15 without prejudice; denying plaintiff's Motion to Rule 26 and granting plaintiff's motion for leave to file 28 . Signed by Judge Emmet G. Sullivan on 3/28/15. (ms, ) (Entered: 03/30/2015)
2015-04-09	31	MOTION for Extension of Time to File Motion for Renewed Summary Judgment by FEDERAL BUREAU OF PRISONS, UNITED STATES OF AMERICA (George, Jodi) (Entered: 04/09/2015)
2015-04-13		MINUTE ORDER: Defendants' 31 Motion for Extension of Time is granted and the renewed motion is due by April 24, 2015. Signed by Judge Emmet G. Sullivan on 4/13/15. (ms, ) (Entered: 04/13/2015)
2015-04-14		Set/Reset Deadlines: Defendants Renewed Motions due by 4/24/2015. (mac) (Entered: 04/14/2015)
2015-04-14		NOTICE: Minute Order Filed 4/13/15 mailed to MARTIN SANCHEZ-ALANIZ at court's address of record. (mac) (Entered: 04/14/2015)
2015-04-24	32	RenewedcMOTION for Summary Judgment by UNITED STATES OF AMERICA (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Declaration Vickers, # 4 Declaration Ochoa)(George, Jodi) . (Entered: 04/24/2015)
2015-05-01	33	Order advising plaintiff to respond by 6/9/2015 to defendant's 32 MOTION for Summary Judgment, or the Court will treat the motion as conceded. Signed by Judge Emmet G. Sullivan on 5/1/15. (ms, ) (Entered: 05/01/2015)
2015-05-01		NOTICE: The Court's Order dated May 1, 2015 has been mailed by first class mail to Plaintiff: MARTIN SANCHEZ-ALANIZ, No. 31293-177 LEE, U.S. PENITENTIARY, Inmate Mail/Parcels, P.O. BOX 305 JONESVILLE, VA 24263 on 5/1/2015 (tcr) (Entered: 05/01/2015)
2015-06-08	34	Cross MOTION for Summary Judgment by MARTIN SANCHEZ-ALANIZ (Attachments: # 1 Exhibits (various pages are illegible)(jf) (Entered: 06/09/2015)
2015-06-16	35	MOTION for Extension of Time to File Response/Reply and/or Opposition to Plaintiff's Cross Motion for Summary Judgment by UNITED STATES OF AMERICA (George, Jodi) (Entered: 06/16/2015)
2015-06-29		MINUTE ORDER: Defendants' 35 Motion for Extension of Time is granted, and the Reply and opposition to plaintiff's cross-motion 34 for summary judgment is due by 7/24/2015. Signed by Judge Emmet G. Sullivan on 6/29/15. (psc) (Entered: 06/29/2015)
2015-06-29		Set/Reset Deadlines: Reply to Opposition to Plaintiff's Cross Motion For Summary Judgment due by 7/24/2015. (mac) (Entered: 06/29/2015)
2015-07-23	36	Memorandum in opposition to re 34 MOTION for Summary Judgment filed by UNITED STATES OF AMERICA. (Attachments: # 1 Statement of Facts)(George, Jodi) (Entered: 07/23/2015)
2015-07-28	37	ERRATA by UNITED STATES OF AMERICA 36 Memorandum in Opposition filed by UNITED STATES OF AMERICA. (Attachments: # 1 Declaration)(George, Jodi) (Entered: 07/28/2015)
2015-07-28	38	REPLY to opposition to motion re 34 MOTION for Summary Judgment filed by UNITED STATES OF AMERICA. (Attachments: # 1 Statement of Facts, # 2 Declaration Beth Ochoa)(George, Jodi) (Entered: 07/28/2015)
2015-08-06	39	MOTION to Strike 38 Reply to opposition to Motion by MARTIN SANCHEZ-ALANIZ (jf) (Entered: 08/07/2015)
2015-08-13	40	Memorandum in opposition to re 39 MOTION to Strike 38 Reply to opposition to Motion filed by UNITED STATES OF AMERICA. (Attachments: # 1 Exhibit ECF No. 32, # 2 Exhibit ECF No. 36, # 3 Exhibit ECF No. 37, # 4 Exhibit ECF No. 38)(George, Jodi) (Entered: 08/13/2015)
2015-08-28	41	MOTION for Extension of Time to File Response as to 32 Renewed MOTION for Summary Judgment by MARTIN SANCHEZ-ALANIZ (jf) (Entered: 08/31/2015)
2015-08-31		MINUTE ORDER: It is hereby ordered that plaintiff's Motion to Strike 39 is DENIED, and it is further ordered that his request for an extension of time 41 is granted. Plaintiff shall file his reply by September 14, 2015. Signed by Judge Emmet G. Sullivan on 8/31/15. (ms) (Entered: 08/31/2015)
2015-09-01		Set/Reset Deadlines: Plaintiff Reply due by 9/14/2015. (mac) (Entered: 09/01/2015)
2015-09-01		NOTICE: Minute Order Filed 8/31/15 mailed to MARTIN SANCHEZ-ALANIZ at court's address of record. (mac) (Entered: 09/01/2015)
2015-09-21	42	REPLY in support re 34 MOTION for Summary Judgment filed by MARTIN SANCHEZ-ALANIZ. (jf) (Entered: 09/25/2015)
2015-09-21	43	Memorandum in opposition to re 32 MOTION for Summary Judgment filed by MARTIN SANCHEZ-ALANIZ. (See Docket Entry 42 to view document) (jf) (Entered: 09/25/2015)
2015-10-05	44	REPLY to opposition to motion re 32 MOTION for Summary Judgment filed by FEDERAL BUREAU OF PRISONS. (George, Jodi) (Entered: 10/05/2015)
2015-10-05	45	MOTION for Leave to File Amended Reply by MARTIN SANCHEZ-ALANIZ (jf) (Entered: 10/07/2015)
2015-10-19	46	MOTION for Leave to File Supplemental Pleading by MARTIN SANCHEZ-ALANIZ (jf) (Entered: 10/21/2015)
2015-11-02	47	Memorandum in opposition to re 46 MOTION for Leave to File Supplemental Reply filed by UNITED STATES OF AMERICA. (George, Jodi) (Entered: 11/02/2015)
2015-11-13	48	NOTICE of Amended Certificate of Service by UNITED STATES OF AMERICA re 44 Reply to opposition to Motion (George, Jodi) (Entered: 11/13/2015)
2015-12-07	49	REPLY to opposition to motion re 46 MOTION for Leave to File filed by MARTIN SANCHEZ-ALANIZ. (td) (Entered: 12/09/2015)
2015-12-28	50	NOTICE OF SUBSTITUTION OF COUNSEL by Britney Berry on behalf of All Defendants Substituting for attorney Jodi George (Berry, Britney) (Entered: 12/28/2015)
2016-03-28	51	MEMORANDUM AND OPINION. Signed by Judge Emmet G. Sullivan on 3/25/16. (ms) (Entered: 03/28/2016)
2016-03-28	52	ORDER granting 32 defendants' renewed Motion for Summary Judgment; denying 34 plaintiff's cross-motion for Summary Judgment; granting 45 plaintiff's Motion for Leave to File; denying 46 plaintiff's Motion for Leave to File. This is a final appealable Order. Signed by Judge Emmet G. Sullivan on 3/25/16. (ms) (Entered: 03/28/2016)
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