Case Detail

FOIA Project Annotation: Judge Amit Mehta has ruled that the FBI properly responded to federal prisoner Anthony Roberson's three-part request for records and that he failed to exhaust his administrative remedies. After receiving Roberson's request, the FBI divided it into three separate requests. The first request asked for the genetic loci required to prove identity. Within three days, the FBI told Roberson the information was available on the agency's public website and provided a link. The second request asked for records on Charlie Scott, a third party. The agency issued a Glomar response neither confirming nor denying the existence of records and referred Roberson to sections of its website addressing requests for third-party information. The third request asked for a laboratory file. Within eight days, the FBI told Roberson it was considering his request for a fee waiver, and within 19 days, the agency disclosed 123 pages of previously processed documents without charge. All three responses included information on Roberson's right to appeal. Roberson admitted that he did not appeal any of the three responses but argued instead that the agency's processing of his requests constituted constructive exhaustion. Mehta pointed out that "in this case, Defendant has shown that it received Plaintiff's request on May 23, 2018. With respect to two categories of Plaintiff's requests, the FBI answered them on May 29, 2018, a mere three business days after receipt. As for the third category of Plaintiff's requests, the FBI answered them by producing 123 pages of records on June 20, 2018, 19 work days after receipt. Thus, the agency's determination with respect to Plaintiff's requests all came not only within the 20-day timeframe but also the latest of the three issued five days before Plaintiff filed suit on June 25, 2018. Therefore, Plaintiff's constructive exhaustion argument is unfounded."
Issues: Litigation - Jurisdiction - Failure to Exhaust

Date Filed	Doc #	Docket Text
2018-06-25	1	COMPLAINT against All Defendants with Jury Demand filed by ANTHONY ROBERSON.(ztl) (Entered: 07/06/2018)
2018-06-25	2	MOTION for Leave to Proceed in forma pauperis by ANTHONY ROBERSON. (ztl) (Additional attachment(s) added on 7/6/2018: # 1 Attachment) (ztl). (Entered: 07/06/2018)
2018-06-25		Initiating Pleading & IFP Application Received on 6/25/18. A copy of the docket sheet has been mailed to the address of record for the pro se party. (ztl) (Entered: 07/06/2018)
2018-07-19	3	PRO SE ORDER directing within 30 days of this Order, unless an extension of time is granted, plaintiff to provide a six month trust fund prisoner account statement and failure to comply will result in dismissal of case. Plaintiff shall provide the requested information specific within this order. Pro Se party has been notified by first class mail. Signed by Judge Amy Berman Jackson on 7/19/18. (zsth) (Entered: 07/20/2018)
2018-08-07	4	PRISONER TRUST FUND ACCOUNT STATEMENT for period of six months by ANTHONY ROBERSON (zsb) (zsb). (Entered: 08/09/2018)
2018-08-20	5	ORDERED that defendant, Christopher Wray, is hereby DISMISSED as a party defendant, and it is FURTHER ORDERED that the Clerk of Court shall assign this action randomly to a judge for further proceedings. Signed by Judge Rudolph Contreras on 8/17/18. (zsth) (Entered: 08/22/2018)
2018-08-20	6	ORDER directing an initial partial filing fee in the amount of $8.33 from Prison Account of Anthony Roberson and granting MOTION for Leave to Proceed In Forma Pauperis (see order for full details). Pro Se party has been notified by first class mail. Signed by Judge Rudolph Contreras on 8/17/18. (zsth) (Entered: 08/22/2018)
2018-08-20		Case Reassigned to Judge Amit P. Mehta. Unassigned is no longer assigned to the case. (zsth) (Entered: 08/22/2018)
2018-09-21	7	SUMMONS (3) Issued as to FBI, U.S. Attorney and U.S. Attorney General (zmd) (Entered: 09/21/2018)
2018-09-24		Filing fee received: $ 350, receipt number: 4616094703. (jf) (Entered: 09/25/2018)
2018-10-17	8	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 10/17/2018. (jf) (Entered: 10/18/2018)
2018-10-18	9	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 10/17/2018. Answer due for ALL FEDERAL DEFENDANTS by 11/16/2018. (jf) (Entered: 10/19/2018)
2018-11-15	10	MOTION for Extension of Time to File Answer by FBI (Attachments: # 1 Text of Proposed Order)(McBride, Patricia) (Entered: 11/15/2018)
2018-11-16	11	MOTION for Extension of Time to File Answer by FBI (Attachments: # 1 Text of Proposed Order)(McBride, Patricia) (Entered: 11/16/2018)
2018-11-16		MINUTE ORDER granting Defendant's 10 and 11 Motions for Extension of Time to Answer. Defendant shall submit an Answer in this case on or before December 17, 2018. Signed by Judge Amit P. Mehta on 11/16/2018. (lcapm2) (Entered: 11/16/2018)
2018-11-16		Set/Reset Deadlines: Answer due by 12/17/2018. (zjd) (Entered: 11/21/2018)
2018-11-29	12	RESPONSE re 11 MOTION for Extension of Time to File Answer filed by ANTHONY ROBERSON. (jf) (Entered: 12/03/2018)
2018-12-13	13	MOTION for Extension of Time to File Answer by FBI (Attachments: # 1 Text of Proposed Order)(McBride, Patricia) (Entered: 12/13/2018)
2018-12-13		MINUTE ORDER granting Defendant's 13 Motion for Extension of Time to Answer. Defendant shall file an answer no later than February 8, 2019. Signed by Judge Amit P. Mehta on 12/13/2018. (lcapm2) (Entered: 12/13/2018)
2018-12-13		Set/Reset Deadlines: Answer due by 2/8/2019. (zjd) (Entered: 12/14/2018)
2018-12-26	14	Memorandum in opposition to re 13 MOTION for Extension of Time to File Answer filed by ANTHONY ROBERSON. (jf) (Entered: 01/02/2019)
2018-12-31	15	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. FBI served on 12/21/2018 (jf) (Entered: 01/02/2019)
2019-01-16	16	MOTION to Appoint Counsel by ANTHONY ROBERSON (jf) (Entered: 01/18/2019)
2019-01-22		MINUTE ORDER denying 16 Plaintiff's Motion to Appoint Counsel. Plaintiff is not entitled to court-appointed counsel in a civil proceedings. Plaintiff offers no reason that would warrant appointing counsel at this early stage in a Freedom of Information Act case. Signed by Amit P. Mehta 1/22/2019. (lcapm2) (Entered: 01/22/2019)
2019-02-08	17	MOTION for Extension of Time to Respond to Plaintiff's Complaint by FBI (Attachments: # 1 Text of Proposed Order)(McBride, Patricia) (Entered: 02/08/2019)
2019-02-11		MINUTE ORDER granting Defendant's 17 Motion for Extension of Time. Defendant shall respond to the Complaint on or before February 22, 2019. Signed by Judge Amit P. Mehta on 2/11/2019. (lcapm2) (Entered: 02/11/2019)
2019-02-11		Set/Reset Deadlines: Answer due by 2/22/2019. (gdf) (Entered: 02/11/2019)
2019-02-22	19	MOTION to Compel by ANTHONY ROBERSON (jf) (Entered: 02/26/2019)
2019-02-25	18	MOTION for Extension of Time to by FBI (Attachments: # 1 Text of Proposed Order)(McBride, Patricia) (Entered: 02/25/2019)
2019-02-25		MINUTE ORDER granting Defendant's 18 Motion for Extension of Time to file Answer. Defendant's Answer is due on or before March 21, 2019. Signed by Judge Amit P. Mehta on 2/25/2019. (lcapm2) (Entered: 02/25/2019)
2019-02-25		Set/Reset Deadlines: Answer due by 3/21/2019. (zjd) (Entered: 03/10/2019)
2019-02-26		MINUTE ORDER denying as moot Plaintiff's 19 Motion to Compel. Under the present schedule, Defendant shall respond to Plaintiff's complaint no later than March 21, 2019. Signed by Judge Amit P. Mehta on 2/26/2019. (lcapm2) (Entered: 02/26/2019)
2019-03-21	20	MOTION to Dismiss Or In The Alternative Motion For Summary Judgment by FBI (Attachments: # 1 Declaration, # 2 Text of Proposed Order)(McBride, Patricia). Added MOTION for Summary Judgment on 3/21/2019 (ztd). (Entered: 03/21/2019)
2019-03-22	21	Order advising Plaintiff to respond by April 22, 2019 to Defendant's 20 Motion to Dismiss or risk dismissal of the case. See the attached Order for additional details. Signed by Judge Amit P. Mehta on 3/22/2019. (lcapm2) (Entered: 03/22/2019)
2019-03-22	22	ENTERED IN ERROR.....ORDER. Both a Complaint and an Answer are now before the court in this FOIA case. It is hereby ordered that the parties shall meet and confer and file a Joint Status Report on or before April 5, 2019. The Joint Status Report shall include (1) the status of Plaintiffs FOIA request; (2) the anticipated number of documents responsive to Plaintiffs FOIA request; (3) the anticipated date(s) for release of the documents requested by Plaintiff; (4) whether a motion for stay is likely under Open America v. Watergate Special Prosecution Force, 547 F.2d 605 (D.C. Cir. 1976); and (5) whether the parties anticipate summary judgment briefing and, if so, a proposed briefing schedule. Please see the attached Order for details. Signed by Judge Amit P. Mehta on 3/22/2019. (lcapm2) Modified on 3/22/2019 (zjd, ). (Entered: 03/22/2019)
2019-03-22		NOTICE OF CORRECTED DOCKET ENTRY: 22 Order was erroneously filed. (zjd) (Entered: 03/22/2019)
2019-03-22		Set/Reset Deadlines: Plaintiff's Response due by 4/22/2019. (zjd) (Entered: 03/25/2019)
2019-04-03	23	Revised Order vacating April 22, 2019 deadline and advising Plaintiff to respond by May 13, 2019 to Defendant's 20 Motion or risk dismissal of the case. See the attached Order for additional details. Signed by Judge Amit P. Mehta on 4/3/2019. (lcapm2) (Entered: 04/03/2019)
2019-04-03		Set/Reset Deadlines: Plaintiff's Response due by 5/13/2019. (zjd) (Entered: 04/04/2019)
2019-04-18	24	Memorandum in opposition to re 20 MOTION to Dismiss Or In The Alternative Motion For Summary Judgment filed by ANTHONY ROBERSON. (jf) (Entered: 04/22/2019)
2019-11-12	25	ORDER granting 20 Defendant's Motion to Dismiss or in the Alternative Motion for Summary Judgment and dismissing the case without prejudice, for the reasons stated in the Memorandum Opinion issued separately this day. Signed by Judge Amit P. Mehta on 11/12/19.(ah) (Entered: 11/12/2019)
2019-11-12	26	MEMORANDUM OPINION accompanying final order issued separately this day. Signed by Judge Amit P. Mehta on 11/12/19.(ah) (Entered: 11/12/2019)
2019-12-02	27	NOTICE OF APPEAL as to 25 Order on Motion to Dismiss,, Order on Motion for Summary Judgment, by ANTHONY ROBERSON. Fee Status: IFP. (eg) (Entered: 12/05/2019)
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