Case Detail

FOIA Project Annotation: Judge Amy Berman Jackson has ruled that pro se prison litigator Munir Abdulkader failed to state a claim for jurisdiction in his suit alleging wrongful conviction and a vague request for documents related to his conviction. Abdulkader requested records from the clerk's office for the U.S. District Court for the Southern District of Ohio. He also submitted a FOIA/PA request to no particular agency asking for grand jury transcripts and other records related to his conviction. He then filed suit, naming President Donald Trump, Attorney General William Barr, and several senior officials in the Executive Office for U.S. Attorneys and the U.S. Marshals Service. Berman Jackson agreed with the government that she did not have jurisdiction over Abdulkader's challenge to his conviction. She then found that Abdulkader's had failed to state a claim in pertaining to his FOIA request. She noted that "apart from suing the wrong defendants, plaintiff has not alleged facts which the Court can find or reasonably infer that any federal agency has received a proper FOIA request, much less improperly withheld records in response. To trigger an agency's disclosure obligations under FOIA, the request must be 'made in accordance with published rules stating the time, place, fees (if any), and procedures to be followed.'" Abdulkader argued that he sent a request to U.S. Citizenship and Immigration Services and that request should serve as a request to all agencies with potentially relevant records. Berman Jackson disagreed, noting that "plaintiff's suggestion is incorrect. USCIS is a component of the Department of Homeland Security, not the Department of Justice, and neither that agency nor its component is a defendant in this action." She added that "a FOIA requester must follow the regulations of the agency from whom records are sought. So plaintiff, having shown no compliance with DOJ's regulations, has not 'nudged' his FOIA claim 'across the line from conceivable to plausible.'"
Issues: Litigation - Jurisdiction - Failure to Exhaust

Date Filed	Doc #	Docket Text
2019-07-18		Initiating Pleading & IFP Application Received on 07/18/2019. A copy of the docket sheet has been mailed to the address of record for the pro se party. (zmc) (Entered: 07/24/2019)
2019-07-18	1	COMPLAINT against WILLIAM P. BARR, WILLIAM E. BORDLEY, JOHN DOE(Director of the Bureau of Prisons, Department of Justice), JOHN DOE(Associate Director, Office of Information Policy), SUSAN B. GERSON, DAVID L. HARLOW, DONALD TRUMP filed by MUNIR ABDULKADER. (Attachment: # 1 Exhibit)(zmc) (Entered: 07/24/2019)
2019-07-18	2	MOTION for Leave to Proceed in forma pauperis by MUNIR ABDULKADER (zmc) (Entered: 07/24/2019)
2019-07-18	3	PRISONER TRUST FUND ACCOUNT STATEMENT for period of six months by MUNIR ABDULKADER (zmc) (Entered: 07/24/2019)
2019-08-13	4	ORDER directing an initial partial filing fee in the amount of $20.71 from Prison Account of Munir Abdulkader 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 08/12/2019. (zmc) (Entered: 08/19/2019)
2019-08-19		Case Assigned to Judge Amy Berman Jackson. (zmc) (Entered: 08/19/2019)
2019-08-19	5	SUMMONS (6) Issued as to WILLIAM P. BARR, WILLIAM E. BORDLEY, SUSAN B. GERSON, DAVID L. HARLOW, DONALD TRUMP, and U.S. Attorney (zmc) (Entered: 08/19/2019)
2019-09-06	6	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 9/5/2019., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 9/5/2019. ( Answer due for ALL FEDERAL DEFENDANTS by 10/5/2019.) (jf) (Entered: 09/09/2019)
2019-09-12	7	MOTION to Unseal Suit by MUNIR ABDULKADER. "Leave to file GRANTED" Signed by Amy B. Jackson, USDJ on 09/12/2019 (jf) (Entered: 09/16/2019)
2019-09-16		MINUTE ORDER denying as moot 7 Plaintiff's Motion to Unseal Case. This case is not, and never was, sealed. SO ORDERED. Signed by Judge Amy Berman Jackson on 9/16/19.(ah) (Entered: 09/16/2019)
2019-09-17	8	NOTICE of Appearance by Marsha Wellknown Yee on behalf of All Defendants (Yee, Marsha) (Entered: 09/17/2019)
2019-09-26	9	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. WILLIAM E. BORDLEY served on 9/26/2019 (jf) (Entered: 09/27/2019)
2019-10-01	10	Summons Returned Unexecuted as to SUSAN B. GERSON. (jf) (Entered: 10/02/2019)
2019-10-03	12	Summons Returned Unexecuted by MUNIR ABDULKADER as to DAVID L. HARLOW. (adh, ) (Entered: 10/25/2019)
2019-10-07	11	ANSWER to 1 Complaint, by WILLIAM P. BARR, WILLIAM E. BORDLEY, JOHN DOE(Director of the Bureau of Prisons, Department of Justice), JOHN DOE(Associate Director, Office of Information Policy), SUSAN B. GERSON, DAVID L. HARLOW, DONALD TRUMP. (Attachments: # 1 Certificate of Service)(Yee, Marsha) (Entered: 10/07/2019)
2019-10-08		MINUTE ORDER. Before the Court in this FOIA case are a complaint and an answer. The requirements of Local Civil Rule 16.3 and Rule 26(f) of the Federal Rules of Civil Procedure appear to be inapplicable. Defendant shall file a dispositive motion or, in the alternative, a report setting forth the schedule for the completion of its production of documents to plaintiff, on or before November 5, 2019. SO ORDERED. Signed by Judge Amy Berman Jackson on 10/8/19. (DMK) (Entered: 10/08/2019)
2019-10-08		Set/Reset Deadlines: Defendant's response to Order of the Court due by 11/5/2019. (tg) (Entered: 10/08/2019)
2019-10-25	13	Summons (1) Issued as to DAVID L. HARLOW. (adh, ) (Entered: 10/25/2019)
2019-11-04	14	MOTION for Extension of Time to File Defendants' Dispositive Motion by WILLIAM P. BARR, WILLIAM E. BORDLEY, JOHN DOE(Director of the Bureau of Prisons, Department of Justice), JOHN DOE(Associate Director, Office of Information Policy), SUSAN B. GERSON, DAVID L. HARLOW, DONALD TRUMP (Attachments: # 1 Text of Proposed Order, # 2 Certificate of Service)(Yee, Marsha) (Entered: 11/04/2019)
2019-11-04	15	Summons Returned Unexecuted as to DONALD TRUMP. (jf) (Entered: 11/06/2019)
2019-11-04	16	ENTERED IN ERROR AS A DUPLICATE ENTRY TO 15 .....Summons Returned Unexecuted as to DONALD TRUMP. (eg) Modified on 11/13/2019 (jf). (Entered: 11/13/2019)
2019-11-05		MINUTE ORDER granting 14 Motion for Extension of Time. Defendants must file their dispositive motion by December 10, 2019. SO ORDERED. Signed by Judge Amy Berman Jackson on 11/5/2019. (lcabj2) (Entered: 11/05/2019)
2019-12-10	17	MOTION to Dismiss or, Alternatively , MOTION for Summary Judgment by WILLIAM P. BARR, WILLIAM E. BORDLEY, JOHN DOE(Director of the Bureau of Prisons, Department of Justice), JOHN DOE(Associate Director, Office of Information Policy), SUSAN B. GERSON, DAVID L. HARLOW, DONALD TRUMP (Attachments: # 1 Statement of Facts, # 2 Ebony Griffin (EOUSA) Decl., # 3 Vanessa R. Brinkmann (OIP) Decl., # 4 Charlotte Luckstone (USMS) Decl., # 5 Kimberly Blow (BOP) Decl., # 6 Text of Proposed Order, # 7 Certificate of Service)(Yee, Marsha) (Entered: 12/10/2019)
2019-12-11	18	Order advising plaintiff to respond by January 31, 2020, to defendants' dispositive motion or risk dismissal or entry of judgment in defendants' favor based on defendants' assertions in support of the motion (see document for details). Signed by Judge Amy Berman Jackson on 12/11/19.(ah) (Entered: 12/11/2019)
2019-12-11		Set/Reset Deadlines: Plaintiff's Response to Defendants' Dispositive Motion is due by 1/31/2020. (jth) (Entered: 12/11/2019)
2020-01-31	19	MOTION to Strike 17 MOTION to Dismiss or, Alternatively MOTION for Summary Judgment by MUNIR ABDULKADER (jf) (Entered: 02/03/2020)
2020-02-07	20	REPLY to opposition to motion re 17 MOTION to Dismiss or, Alternatively MOTION for Summary Judgment filed by WILLIAM P. BARR, WILLIAM E. BORDLEY, JOHN DOE(Director of the Bureau of Prisons, Department of Justice), JOHN DOE(Associate Director, Office of Information Policy), SUSAN B. GERSON, DAVID L. HARLOW, DONALD TRUMP. (Attachments: # 1 Text of Proposed Order, # 2 Certificate of Service)(Yee, Marsha) (Entered: 02/07/2020)
2020-02-07	21	Memorandum in opposition to re 19 MOTION to Strike 17 MOTION to Dismiss or, Alternatively MOTION for Summary Judgment filed by WILLIAM P. BARR, WILLIAM E. BORDLEY, JOHN DOE(Director of the Bureau of Prisons, Department of Justice), JOHN DOE(Associate Director, Office of Information Policy), SUSAN B. GERSON, DAVID L. HARLOW, DONALD TRUMP. (Attachments: # 1 Text of Proposed Order, # 2 Certificate of Service)(Yee, Marsha) (Entered: 02/07/2020)
2020-02-10		ENTERED IN ERROR.....NOTICE OF CORRECTED DOCKET ENTRY: Document No. re 21 Memorandum in Opposition,, was entered in error and counsel was instructed to refile said pleading with corrected document. (jf); Modified on 2/18/2020 (ztth). (Entered: 02/10/2020)
2020-02-18		NOTICE OF CORRECTED DOCKET ENTRY: re Notice of Corrected Docket Entry was entered in error. Per Counsel, the pleading is a Memorandum in Opposition; Chambers was notified. (ztth) (Entered: 02/18/2020)
2020-08-06	22	ORDER granting 17 Defendants' Motion to Dismiss; denying 19 Plaintiff's Motion to Strike; and dismissing the case without prejudice, for the reasons stated in the Memorandum Opinion issued separately this day. Signed by Judge Amy Berman Jackson on 8/6/20.(psu1) (Entered: 08/06/2020)
2020-08-06	23	MEMORANDUM OPINION accompanying the final order issued separately this day. Signed by Judge Amy Berman Jackson on 8/6/20.(psu1) (Entered: 08/06/2020)
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