Case Detail

FOIA Project Annotation: A federal court in West Virginia has ruled that Terry Hughes failed to exhaust his administrative remedies in his FOIA suit against the Department of Justice concerning the investigations of Kevin Andrew Broyles and three other individuals by the FBI and DEA. Although the agency denied his request, Hughes did not file an administrative appeal, but instead asserted that he wanted to limit his request to records about Broyles. The FBI closed Hughes' request on Broyles because it did not include a third-party authorization. Hughes filed an administrative appeal to the Office of Information Policy, providing information confirming that Broyles had died. OIP remanded his request back to the FBI, which conducted a search, but found no records. Hughes argued that because he had already filed an administrative appeal with OIP, he had constructively exhausted his administrative remedies. The court noted that "however, constructive exhaustion permits a plaintiff to commence suit when, in certain circumstances, an agency fails to comply with FOIA's time-limit provisions. The plaintiff has not alleged or shown that the FBI failed to comply with FOIA's time limitations; thus, FOIA's provisions relating to constructive exhaustion have no application here. Further, the plaintiff cites no authority suggesting that FOIA's exhaustion requirement may be satisfied when a requester mistakenly believes that he has exhausted his administrative remedies, and the court is aware of none."
Issues: Litigation - Jurisdiction - Failure to Exhaust

Date Filed	Doc #	Docket Text
2019-07-25	1	LETTER-FORM COMPLAINT. (Attachment: # 1 Mailing Envelope) (kew) (Entered: 07/26/2019)
2019-07-25		CASE assigned to Judge John T. Copenhaver, Jr. (klc) (Entered: 07/29/2019)
2019-07-26	2	STANDING ORDER IN RE: ASSIGNMENT AND REFERRAL OF CIVIL ACTIONS AND MATTERS TO MAGISTRATE JUDGES ENTERED JANUARY 4, 2016. This case is referred to Magistrate Judge Dwane L. Tinsley for Findings of Fact and Recommendations for disposition. (cc: attys; any unrepresented party) (kew)
2019-08-05	3	MOTION by Terry Hughes for Appointment of Counsel and ADDITIONAL DOCUMENTATION in support of 1 Letter-Form Complaint. (Attachment: # 1 Mailing Envelope) Motion referred to Magistrate Judge Dwane L. Tinsley. (kew)
2019-08-26	4	APPLICATION by Terry Hughes to Proceed without Prepayment of Fees or Costs. (Attachment: # 1 Resident Transaction Details) Motion referred to Magistrate Judge Dwane L. Tinsley. (ts)
2019-08-26	5	LETTER from Terry Hughes dated 8/19/2019 requesting subpoena forms and enclosing documentation. (Attachment: # 1 Mailing Envelope) (ts)
2019-09-13	6	LETTER to Clerk of Court, from Terry Hughes dated 9/8/2019, re: status of financial affidavit. (Attachment: # 1 Envelope) (kew)
2019-09-16	7	LETTER to Terry Hughes, from Clerk of Court dated 9/16/2019, re: status of financial waiver. (kew)
2019-09-26	8	LETTER to Clerk of Court, from Terry Hughes dated 9/23/2019, re: request for docket sheet. (Attachment: # 1 Envelope) (kew)
2019-09-26	9	LETTER to Terry Hughes, from Clerk of Court dated 9/26/2019, re: enclosing copy of docket sheet. (kew)
2019-10-03	10	LETTER-FORM MOTION by Terry Hughes to Amend 1 Complaint. (Attachment: # 1 Envelope) Motion referred to Magistrate Judge Dwane L. Tinsley. (kew)
2019-12-13	11	ORDER directing this matter be transferred to Rory L. Perry II, Clerk of Court, for reassignment to another magistrate judge within this district. Signed by Magistrate Judge Dwane L. Tinsley on 12/13/2019. (cc: counsel of record; any unrepresented parties) (ts)
2019-12-13		ADDRESS UPDATE as to Terry Hughes: Mount Olive Correctional Center per DOC website. (ts)
2019-12-16	12	CLERK'S ORDER the referral of this civil action for Findings of Fact and Recommendations for disposition is transferred from Magistrate Judge Dwane L. Tinsley to Magistrate Judge Omar J. Aboulhosn. Signed by Clerk of Court Rory L. Perry II on 12/16/2019. (cc: Magistrate Judge Tinsley; Magistrate Judge Aboulhosn; counsel of record; any unrepresented party) (klc)
2019-12-17	13	ORDER granting 4 APPLICATION to Proceed Without Prepayment of Fees. Directing that the Clerk shall issue process in this case by preparing and serving a Summons and a copy of the letter-form complaint upon the United States Department of Justice. Signed by Magistrate Judge Omar J. Aboulhosn on 12/17/2019. (cc: plaintiff, counsel of record, officer at Mount Olive prisoner accounts) (lca)
2019-12-17	14	ORDER denying 3 MOTION to Appoint Counsel and denying 10 MOTION to Amend. Signed by Magistrate Judge Omar J. Aboulhosn on 12/17/2019. (cc: counsel of record; plaintiff) (lca)
2019-12-17	15	SUMMONS ISSUED by the Clerk for U.S. Department of Justice re: 1 Complaint, returnable 60 days. (lca) (Modified on 1/6/2020 to add certified mail receipt) (lca).
2019-12-23	16	SUMMONS RETURNED EXECUTED BY CERTIFIED MAIL for United States Department of Justice re: 1 Complaint. Return Receipt Card signed by M. Wallace with United States Attorney's Office. United States Department of Justice served on 12/19/2019, answer due 2/18/2020. (lca) (Modified on 12/31/2019 to convert event to summons returned as to USA and to set answer date) (ts).
2020-01-06	17	SUMMONS RETURNED EXECUTED for United States Department of Justice, Acting U.S. Attorney General re: 1 Complaint. (lca)
2020-01-30	18	MOTION by Terry Hughes to Continue. (Attachment: # 1 Envelope) Motion referred to Magistrate Judge Omar J. Aboulhosn. (kew)
2020-02-04	19	ORDER denying 18 MOTION by Terry Hughes to Continue. Signed by Magistrate Judge Omar J. Aboulhosn on 2/4/2020. (cc: Plaintiff; counsel of record) (kew)
2020-02-18	20	ANSWER TO 1 Complaint by United States Department of Justice.(Bailey, Jason)
2020-02-24	21	LETTER to Clerk of Court, from Terry Hughes dated 2/20/2020, re: requesting documents. (Attachment: # 1 Envelope) (kew)
2020-02-24	22	LETTER to Terry Hughes, from Rory L. Perry II dated 2/24/2020, re: 21 letter requesting documents. (klc)
2020-03-09	23	SCHEDULING ORDER directing the parties to comply with the following schedule: Discovery to close by 7/10/2020. Dispositive Motions except those filed under Rule 12(b) due by 8/10/2020, with responses due by 9/10/2020, and replies due by 9/24/2020. Signed by Magistrate Judge Omar J. Aboulhosn on 3/9/2020. (cc: plaintiff; counsel of record) (kew)
2020-03-25	24	MOTION by United States Department of Justice to Dismiss 1 Complaint. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2) Motion referred to Magistrate Judge Omar J. Aboulhosn. (Bailey, Jason)
2020-03-25	25	MEMORANDUM OF LAW by United States Department of Justice in support of 24 MOTION by United States Department of Justice to Dismiss 1 Complaint MOTION by United States Department of Justice to Dismiss With Prejudice re: 1 Complaint. (Bailey, Jason)
2020-03-25	26	MOTION by United States Department of Justice to Stay Discovery Pending the Disposition of the Motion to Dismiss. Motion referred to Magistrate Judge Omar J. Aboulhosn. (Bailey, Jason)
2020-03-25	27	MEMORANDUM by United States Department of Justice in support of 26 MOTION by United States Department of Justice to Stay Discovery Pending the Disposition of the Motion to Dismiss. (Bailey, Jason)
2020-03-26	28	ORDER, Plaintiff's response to 24 MOTION by United States Department of Justice to Dismiss 1 Complaint shall be filed with the Clerk on or before 05/21/2020; defendant will have 7 business days within which to file a reply. Signed by Magistrate Judge Omar J. Aboulhosn on 3/26/2020. (cc: Pro Se Plaintiff; counsel of record) (klc)
2020-04-03	29	MOTION by Terry Hughes For Enlargement of Time to File Response to 24 MOTION by United States Department of Justice to Dismiss. (Attachment: # 1 Envelope) Motion referred to Magistrate Judge Omar J. Aboulhosn. (lca)
2020-04-06	30	ORDER granting in part and denying in part 29 MOTION for Enlargement of Time; granting Plaintiff's motion to the extent that Plaintiff requests an extension of time; denying Plaintiff's request to the extent that he requests a 90-day continuance; directing Plaintiff to file a response to the 24 MOTION by United States Department of Justice to Dismiss 1 Complaint by 6/22/2020; directing Defendant to file any Reply to Plaintiff's Response within seven (7) business days following service of Plaintiff's response. Signed by Magistrate Judge Omar J. Aboulhosn on 4/6/2020. (cc: Plaintiff, pro se; counsel of record) (slr)
2020-06-08	31	LETTER to Clerk, from Terry Hughes (pro se) dated 6/4/2020, re: Request for documents and updated docket sheet. (Attachment: # 1 Envelope) (tmr) (Entered: 06/09/2020)
2020-06-12	32	LETTER to Terry Hughes, from Rory L. Perry II dated 6/12/2020, re: 31 letter requesting documents and updated docket sheet. (klc)
2020-06-19	33	MOTION by Terry Hughes for Enlargement of Time to Respond to 24 MOTION by United States Department of Justice to Dismiss 1 Complaint. (Attachments: # 1 Exhibits A-C, # 2 Cover Letter, # 3 Envelope) Motion referred to Magistrate Judge Omar J. Aboulhosn. (kew) (Entered: 06/22/2020)
2020-06-23	34	ORDER directing that Plaintiff's 33 MOTION for Enlargment of Time is GRANTED; Plaintiff shall file a Response to the Defendant's 24 MOTION to Dismiss for Lack of Subject Matter Jurisdiction by 7/22/2020; following service of Plaintiff's Response, the Defendant will have 7 business days within which to file a Reply to Plaintiff's Response. Signed by Magistrate Judge Omar J. Aboulhosn on 6/23/2020. (cc: Plaintiff - pro se; counsel of record) (btm)
2020-07-22	35	MOTION to Amend 1 Complaint by Dismissing Certain Requests by Terry Hughes. Motion referred to Magistrate Judge Omar J. Aboulhosn. (msa)
2020-07-22	36	RESPONSE by Terry Hughes to 24 MOTION by United States Department of Justice to Dismiss 1 Complaint. (msa)
2020-07-28	37	REPLY by United States Department of Justice to 36 Response In Opposition. (Bailey, Jason)
2020-10-08	38	Partial Filing Fee Received: $78.64, Receipt Number CHAR018165. (mms)
2020-10-21	39	Partial Filing Fee Received: $14.58, Receipt Number CHAR018208. (mfo)
2020-10-26	40	PROPOSED FINDINGS AND RECOMMENDATION It is RECOMMENDED that the District Court GRANT Defendant's 24 Motion to Dismiss, DENY Plaintiff's 35 Motion to Amend Complaint, and remove this matter from the Court's docket. This case is no longer referred to Magistrate Judge Omar J. Aboulhosn. If the PF&R was served electronically, Objections are due by 11/9/2020. If the PF&R was served by mail, Objections are due by 11/12/2020. Signed by Magistrate Judge Omar J. Aboulhosn on 10/26/2020. (cc: Plaintiff; counsel of record) (kew)
2020-10-26	41	ORDER denying as moot the 26 Motion to Stay Discovery Pending the Disposition of the Motion to Dismiss. Signed by Magistrate Judge Omar J. Aboulhosn on 10/26/2020. (cc: Plaintiff; counsel of record) (kew)
2020-11-16	42	MOTION by Terry Hughes for Enlargement of Time to File Objections to 40 Proposed Findings and Recommendations. (lca)
2020-11-16	43	NOTICE OF HEARING by Terry Hughes re: 42 MOTION by Terry Hughes for Extension of Time to File Objection re: 40 Proposed Findings and Recommendations. (lca)
2020-11-16	44	LETTER to Rory L. Perry II, from Terry Hughes dated 11/6/2020, re: requesting docket sheet. (lca)
2020-11-18	45	ORDER granting as more fully set forth herein 42 MOTION for Extension of Time to File Objection to 40 PROPOSED FINDINGS AND RECOMMENDATION; objections due 12/14/2020. Signed by Senior Judge John T. Copenhaver, Jr. on 11/18/2020. (cc: counsel of record; any unrepresented parties) (tmr)
2020-11-19	46	LETTER to Terry Hughes, from Rory L. Perry II dated 11/19/2020, re: enclosing docket sheet. (lca)
2020-12-16	47	OBJECTIONS to 40 Proposed Findings and Recommendations by Terry Hughes. (kew)
2020-12-16	48	MOTION by Terry Hughes Under Vaughn v. Rosen to Require Detailed Indexing, Justification, and Itemization. (kew)
2020-12-16	49	NOTICE OF HEARING ON MOTION by Terry Hughes for 48 MOTION by Terry Hughes Under Vaughn v. Rosen to Require Detailed Indexing, Justification, and Itemization. (kew)
2020-12-28	50	RESPONSE by United States Department of Justice to 47 Objection to Proposed Findings and Recommendations. (Bailey, Jason)
2020-12-28	51	RESPONSE by United States Department of Justice in opposition to 48 MOTION by Terry Hughes Under Vaughn v. Rosen to Require Detailed Indexing, Justification, and Itemization (Bailey, Jason)
2021-02-10	52	MOTION by Terry Hughes for Leave to Supplement the Affidavit of Exhibits in Support of the 47 Objections to Proposed Findings and Recommendations with proposed document attached (Attachments: # 1 Supplemental Affidavit, # 2 Cover Letter, # 3 Envelope) (kew)
2021-02-10	53	NOTICE OF HEARING by Terry Hughes for 52 MOTION by Terry Hughes for Leave to Supplement the Affidavit of Exhibits in Support of the 47 Objection to Proposed Findings and Recommendation. (kew)
2021-02-23	54	RESPONSE by United States Department of Justice in opposition to 52 MOTION by Terry Hughes for Leave to Supplement the Affidavit of Exhibits in Support of the 47 Objections to Proposed Findings and Recommendations (Bailey, Jason)
2021-02-24	55	MEMORANDUM OPINION AND ORDER granting plaintiff's 52 motion for leave to supplement his exhibits in support of his objection to the PF&R; overruling plaintiff's 47 objections to the PF&R; adopting the 40 Proposed Findings and Recommendation of Magistrate Judge; granting defendant's 24 motion to dismiss the plaintiff's complaint; denying plaintiff's 35 motion to amend his complaint; denying as moot all other 48 pending motions; and directing this action to be dismissed and stricken from the court's docket. Signed by Senior Judge John T. Copenhaver, Jr. on 2/24/2021. (cc: pro se plaintiff; counsel of record; any other unrepresented parties; Magistrate Judge Aboulhosn) (arb)
2021-02-24	56	JUDGMENT ORDER In accordance with the court's memorandum opinion and order entered this date, it is ORDERED and ADJUDGED that this civil action is dismissed without prejudice. Signed by Senior Judge John T. Copenhaver, Jr. on 2/24/2021. (cc: pro se plaintiff; counsel of record; any other unrepresented parties) (arb)
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