Documents
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Complaint
Complaint attachment 1
Complaint attachment 2
Opinion/Order [19]
FOIA Project Annotation: Judge Royce Lamberth has ruled that he does not have jurisdiction over Rodney Reep's claims against the FBI, the DEA, and the EOUSA because they were filed after the six-year statute of limitations had expired and that BATF properly withheld records under several exemptions. Reep requested records concerning himself. Reep claimed that because he was still receiving correspondence from the FBI, DEA, and EOUSA he should be entitled to use that time frame as the basis for filing suit. Lamberth pointed out, however, that "Plaintiff's argument fails because the relevant factor is when the plaintiff has constructively exhausted his remedies, not when the administrative appeal has been adjudicated or when the agency last corresponds with the plaintiff." BATF cited the Consolidated Appropriations Act of 2012, which prohibited the agency from expending funds responding to FOIA requests on gun traces, under Exemption 3 (other statutes). Lamberth agreed, noting that "the appropriations bill leaves the ATF with no discretion. And courts have previously held that Exemption 3 protects ATF firearms trace data." Under Exemption 7(C) (invasion of privacy concerning law enforcement records), Reep claimed there was a public interest in disclosure. Rejecting Reep's claim, Lamberth pointed out that "the plaintiff appears to be justifying disclosure based on a private, not a public, interest. Namely that the government failed to release to him exculpatory information which would be helpful in challenging his own conviction."
Issues: Litigation - Jurisdiction - Failure to State a Claim, Exemption 3 - Statutory prohibition of disclosure
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| Date Filed | Doc # | Docket Text |
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| 2016-06-23 | 1 | COMPLAINT against BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES, DRUG ENFORCEMENT ADMINISTRATION, FEDERAL BUREAU OF INVESTIGATION, UNITED STATES ATTORNEY'S OFFICE, UNITED STATES DEPARTMENT OF JUSTICE ( Filing fee $ 350, receipt number 4616078732) filed by RODNEY REEP. (Attachments: # 1 Exhibit, # 2 Civil Cover Sheet)(zrdj) (Entered: 06/24/2016) |
| 2016-06-23 | | SUMMONS Not Issued as to BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES, DRUG ENFORCEMENT ADMINISTRATION, FEDERAL BUREAU OF INVESTIGATION, UNITED STATES ATTORNEY'S OFFICE, UNITED STATES DEPARTMENT OF JUSTICE (zrdj) (Entered: 06/24/2016) |
| 2016-07-12 | | SUMMONS Issued as to BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES, DRUG ENFORCEMENT ADMINISTRATION, FEDERAL BUREAU OF INVESTIGATION, UNITED STATES ATTORNEY'S OFFICE, UNITED STATES DEPARTMENT OF JUSTICE, U.S. Attorney and U.S. Attorney General (zmd) (Entered: 07/12/2016) |
| 2016-08-03 | | SUMMONS REISSUED as to BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES. (md) (Entered: 08/03/2016) |
| 2016-08-10 | 2 | NOTICE of Appearance by Patricia K. McBride on behalf of All Defendants (McBride, Patricia) (Entered: 08/10/2016) |
| 2016-08-23 | 3 | MOTION to Continue by BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES, DRUG ENFORCEMENT ADMINISTRATION, FEDERAL BUREAU OF INVESTIGATION, UNITED STATES ATTORNEY'S OFFICE, UNITED STATES DEPARTMENT OF JUSTICE (McBride, Patricia) Modified on 8/24/2016 (zrdj). (Entered: 08/23/2016) |
| 2016-09-06 | 4 | RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES served on 8/17/2016; DRUG ENFORCEMENT ADMINISTRATION served on 7/24/2016; FEDERAL BUREAU OF INVESTIGATION served on 7/25/2016; UNITED STATES ATTORNEY'S OFFICE served on 7/22/2016; UNITED STATES DEPARTMENT OF JUSTICE served on 7/20/2016, RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 7/20/2016., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 7/22/2016. ( Answer due for ALL FEDERAL DEFENDANTS by 8/21/2016.) (zrdj) (Entered: 09/09/2016) |
| 2016-10-18 | 5 | MOTION for Extension of Time to December 12, 2016 by BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES, DRUG ENFORCEMENT ADMINISTRATION, FEDERAL BUREAU OF INVESTIGATION, UNITED STATES ATTORNEY'S OFFICE, UNITED STATES DEPARTMENT OF JUSTICE (McBride, Patricia) (Entered: 10/18/2016) |
| 2016-10-24 | 6 | ORDER. Upon consideration of Defendants 3 5 Motions for Enlargement of Time, it is ORDERED that the Motions are GRANTED. It is further ORDERED that Defendants shall have up to and including December 12, 2016, to file an Answer. Signed by Judge Royce C. Lamberth on 10/24/2016. (jth) (Entered: 10/25/2016) |
| 2016-12-07 | 7 | MOTION for Extension of Time to File Answer by BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES, DRUG ENFORCEMENT ADMINISTRATION, FEDERAL BUREAU OF INVESTIGATION, UNITED STATES ATTORNEY'S OFFICE, UNITED STATES DEPARTMENT OF JUSTICE (McBride, Patricia) (Entered: 12/07/2016) |
| 2016-12-22 | 8 | Memorandum in opposition to re 7 MOTION for Extension of Time to File Answer filed by RODNEY REEP. (zrdj) (Entered: 12/28/2016) |
| 2016-12-29 | 9 | ORDER granting 7 Motion for Extension of Time to Answer for All Defendants. Set/Reset Deadlines: Answer, or in the alternative, Dispositive Motions due by 2/15/2017. Signed by Judge Royce C. Lamberth on 12/28/16. (zlsj) (Entered: 12/29/2016) |
| 2017-02-14 | 10 | MOTION for Extension of Time to File Answer by BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES, DRUG ENFORCEMENT ADMINISTRATION, FEDERAL BUREAU OF INVESTIGATION, UNITED STATES ATTORNEY'S OFFICE, UNITED STATES DEPARTMENT OF JUSTICE (McBride, Patricia) (Entered: 02/14/2017) |
| 2017-02-17 | 11 | ORDER granting 10 Motion for Extension of Time to Answer. Signed by Judge Royce C. Lamberth on 2/17/2017. (lcrcl2) (Entered: 02/17/2017) |
| 2017-03-07 | 12 | MOTION for Summary Judgment by BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES, DRUG ENFORCEMENT ADMINISTRATION, FEDERAL BUREAU OF INVESTIGATION, UNITED STATES ATTORNEY'S OFFICE, UNITED STATES DEPARTMENT OF JUSTICE (Attachments: # 1 Statement of Facts, # 2 Declaration ATF-BOUCHER, # 3 Exhibit ATF-BOUCHER, # 4 Exhibit ATF-BOUCHER, # 5 Exhibit ATF-BOUCHER, # 6 Exhibit ATF-BOUCHER, # 7 Declaration FBI-HARDY, # 8 Declaration EOUSA-FRANCIS, # 9 Exhibit FBI-)(McBride, Patricia) (Entered: 03/07/2017) |
| 2017-04-27 | 13 | ORDER re 12 MOTION for Summary Judgment . The Court wishes to advise the Plaintiff that he must respond to the Defendant's Motion to Dismiss and for Summary Judgment within two weeks of the date of entry of this Order. If the Plaintiff does not respond, the Court will treat the Defendants' motion as conceded and dismiss the Complaint. Signed by Judge Royce C. Lamberth on 4/26/17. (lsj) (Entered: 04/27/2017) |
| 2017-05-15 | 14 | MOTION for Extension of Time to File Response/Reply as to 12 MOTION for Summary Judgment by RODNEY REEP (zrdj) (Entered: 05/17/2017) |
| 2017-05-30 | | MINUTE ORDER granting nunc pro tunc 14 Motion for Extension of Time to File Response/Reply. Signed by Judge Royce C. Lamberth on 5/30/2017. (lcrcl3,) (Entered: 05/30/2017) |
| 2017-05-30 | 15 | RESPONSE re 12 MOTION for Summary Judgment filed by RODNEY REEP. (Attachments: # 1 Declaration)(jf) (Entered: 05/31/2017) |
| 2017-06-12 | 16 | SUPPLEMENTAL re 15 Response to motion filed by RODNEY REEP. (zrdj) (Entered: 06/16/2017) |
| 2018-02-26 | 17 | ERRATA by BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES, DRUG ENFORCEMENT ADMINISTRATION, FEDERAL BUREAU OF INVESTIGATION, UNITED STATES ATTORNEY'S OFFICE, UNITED STATES DEPARTMENT OF JUSTICE. (Attachments: # 1 Declaration by Katherine Myrick)(McBride, Patricia) (Entered: 02/26/2018) |
| 2018-03-23 | 18 | ORDER granting 12 Motion for Summary Judgment. Signed by Judge Royce C. Lamberth on 3/22/18. (lsj) (Entered: 03/23/2018) |
| 2018-03-23 | 19 | MEMORANDUM OPINION re Order 18 . Signed by Judge Royce C. Lamberth on 3/22/18. (lsj) (Entered: 03/23/2018) |
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