Case Detail

FOIA Project Annotation: A federal court in Michigan has ruled that Michael Kelly failed to state a claim when he filed a FOIA suit against Debra Hayes, the director of My Brother's Keeper, a homeless shelter for adult men in Flint. Kelly prepared a certified writing asking Hayes to what extent a third party subsidized the shelter. When Hayes refused to answer, Kelly filed suit, arguing that she was acting as an agent of the federal government. Dismissing Kelly's claim, the court noted that "the mere fact that a private organization receives federal funds and enjoys some control over their use does not render that organization an agency under FOIA. Plaintiff does not identify any statutory or regulatory source authorizing MBK to exercise independent governmental authority. Instead, MBK 'appears to be no different from any private [organization] which receives federal funds and enjoys some control over their use.'" The court concluded that "because MBK is not subject to the FOIA, Plaintiff Kelly's complaint fails to state a claim upon which relief can be granted."
Issues: Agency - Federal, Litigation - Jurisdiction - Failure to State a Claim

Date Filed	Doc #	Docket Text
2017-03-28	1	COMPLAINT filed by Michael A. Kelly against Debra Hayes (LHos) (Entered: 03/28/2017)
2017-03-28	2	APPLICATION to Proceed without prepaying fees or costs by Michael A. Kelly. (LHos) (Entered: 03/28/2017)
2017-03-29	3	Notice Regarding Parties' Responsibility to Notify Court of Address Changes (KCas) (Entered: 03/29/2017)
2017-03-29	4	Request for Service by the United States Marshal of the Initiating Document by Michael A. Kelly. (LHos) (Entered: 03/29/2017)
2017-04-03	5	ORDER Referring Pretrial Matters to Magistrate Judge Patricia T. Morris. Signed by District Judge Thomas L. Ludington. (Sian, M) (Entered: 04/03/2017)
2017-04-03	6	ORDER granting 2 Application to Proceed Without Prepaying Fees or Costs. Signed by Magistrate Judge Patricia T. Morris. (KCas) (Entered: 04/03/2017)
2017-04-03		TEXT-ONLY CERTIFICATE OF SERVICE re 6 Order on Application to Proceed Without Prepaying Fees or Costs on Michael A. Kelly at P.O. Box 441, Bay City, MI 48707. (KCas) (Entered: 04/03/2017)
2017-04-10	7	REPORT AND RECOMMENDATION re 1 Complaint filed by Michael A. Kelly. Signed by Magistrate Judge Patricia T. Morris. (KCas) (Entered: 04/10/2017)
2017-04-10		TEXT-ONLY CERTIFICATE OF SERVICE re 7 REPORT AND RECOMMENDATION re 1 Complaint filed by Michael A. Kelly on Michael A. Kelly at P.O. Box 441, Bay City, MI 48707. (KCas) (Entered: 04/10/2017)
2017-04-17	8	MOTION for Reconsideration re 7 REPORT AND RECOMMENDATION re 1 Complaint filed by Michael A. Kelly by Michael A. Kelly. (BGar) (Entered: 04/17/2017)
2017-05-23	9	ORDER Sustaining in Part and Overruling in Part 8 Objections, Rejecting 7 Report and Recommendation, and Dismissing Plaintiff's 1 Complaint Pursuant to 28 U.S.C. § 1915(e)(2)(B). Signed by District Judge Thomas L. Ludington. (KWin) (Entered: 05/23/2017)
2017-05-23	10	JUDGMENT. Signed by District Judge Thomas L. Ludington. (KWin) (Entered: 05/23/2017)
2017-05-23		TEXT-ONLY CERTIFICATE OF SERVICE re 10 Judgment and 9 Order on Report and Recommendation, Order on Motion for Reconsideration on Michael A. Kelly,P.O. Box 441, Bay City, MI 48707. (KWin) (Entered: 05/23/2017)
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