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Case TitleMARTIN v. GARLAND et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2022cv01594
Date Filed2022-05-31
Date Closed2023-09-05
JudgeJudge Tanya S. Chutkan
PlaintiffDONALD LYNN MARTIN
DefendantMERRICK GARLAND in his Official Capacity as Attorney General of the United States
DefendantMERRICK B. GARLAND in his Official Capacity as Attorney General of the United States
DefendantUNITED STATES DEPARTMENT OF JUSTICE
Documents
Docket
Complaint
Complaint attachment 1
Opinion/Order [35]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2022-05-31Initiating Pleading & IFP Application Received on 05/31/2022. A copy of the docket sheet has been mailed to the address of record for the pro se party. (znmg) (Entered: 06/08/2022)
2022-05-311COMPLAINT against MERRICK GARLAND, UNITED STATES DEPARTMENT OF JUSTICE filed by DONALD LYNN MARTIN. (Attachment: # 1 Exhibit)(znmg) (Entered: 06/08/2022)
2022-05-312MOTION for Leave to Proceed in forma pauperis by DONALD LYNN MARTIN. (znmg) (Entered: 06/08/2022)
2022-05-313PRISONER TRUST FUND ACCOUNT STATEMENT for period of six months by DONALD LYNN MARTIN (znmg) (Entered: 06/08/2022)
2022-06-104ORDER directing an initial partial filing fee in the amount of $43.37 from Prison Account of DONALD LYNN MARTIN 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 Dabney L. Friedrich on 06/10/2022. (znmg) (Entered: 06/13/2022)
2022-06-10Case Randomly Assigned to Judge Tanya S. Chutkan. (znmg) (Entered: 06/13/2022)
2022-06-135SUMMONS (3) Issued as to MERRICK GARLAND, UNITED STATES DEPARTMENT OF JUSTICE, U.S. Attorney and U.S. Attorney General sent to the U.S. Marshals Service. (znmg) (Entered: 06/13/2022)
2022-07-296RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 7/14/2022. ( Answer due for ALL FEDERAL DEFENDANTS by 8/13/2022.), RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 7/14/2022., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. MERRICK GARLAND served on 7/14/2022; UNITED STATES DEPARTMENT OF JUSTICE served on 7/14/2022 (znmw) (Entered: 08/01/2022)
2022-08-057ORDER: Advising pro se Plaintiff of his obligation to follow the FRCP, Local Rules and orders of the court. Failure to adhere to these rules or orders may result in sanctions, up to and including dismissal of this action. The Clerk of the Court shall mail a copy of this order to Plaintiff at his address of record. Signed by Judge Tanya S. Chutkan on 8/5/22. (DJS) (Entered: 08/05/2022)
2022-08-088NOTICE of Appearance by Anna Davis Walker on behalf of MERRICK GARLAND, UNITED STATES DEPARTMENT OF JUSTICE (Walker, Anna) (Entered: 08/08/2022)
2022-08-099First MOTION for Extension of Time to File Answer by MERRICK GARLAND, UNITED STATES DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order, # 2 Certificate of Service)(Walker, Anna) (Entered: 08/09/2022)
2022-08-09MINUTE ORDER: It is hereby ORDERED that Defendants' 9 Motion for Extension of Time is GRANTED, and the Answer or other response the 1 Complaint is due by September 14, 2022. Signed by Judge Tanya S. Chutkan on 8/9/22. (psu2) (Entered: 08/09/2022)
2022-08-10Set/Reset Deadlines: Answer due by 9/14/2022. (tb) (Entered: 08/10/2022)
2022-08-1210MOTION to Compel Discovery by DONALD LYNN MARTIN. (Attachments: # 1 Affidavit, # 2 Exhibits)(znmw) (Entered: 08/17/2022)
2022-08-2512Memorandum in opposition to re 9 Motion for Extension of Time to File Answer filed by DONALD LYNN MARTIN. (znmw) (Entered: 08/31/2022)
2022-08-3011Memorandum in opposition to re 10 Motion to Compel Discovery filed by MERRICK B. GARLAND, UNITED STATES DEPARTMENT OF JUSTICE. (Attachments: # 1 Certificate of Service)(Walker, Anna) (Entered: 08/30/2022)
2022-09-1413Partial MOTION to Dismiss and Memorandum in Support Thereof by MERRICK B. GARLAND, UNITED STATES DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order, # 2 Certificate of Service)(Walker, Anna) (Entered: 09/14/2022)
2022-09-2014Order advising Plaintiff to respond by 10/14/2022 to 13 Defendants' Partial MOTION to Dismiss. Signed by Judge Tanya S. Chutkan on 9/19/22. (psu2) (Entered: 09/20/2022)
2022-09-2015ORDER denying 10 Plaintiff's motion to compel discovery. Signed by Judge Tanya S. Chutkan on 9/19/22. (psu2) (Entered: 09/20/2022)
2022-09-2216MOTION for Entry of Default by DONALD LYNN MARTIN. (zjm) (Entered: 09/28/2022)
2022-09-29Set/Reset Deadlines: Response due by 10/14/2022. (tb) (Entered: 09/29/2022)
2022-10-1217RESPONSE re 16 MOTION for Entry of Default filed by MERRICK B. GARLAND, UNITED STATES DEPARTMENT OF JUSTICE. (Attachments: # 1 Certificate of Service)(Walker, Anna) (Entered: 10/12/2022)
2022-10-13MINUTE ORDER: denying 16 Plaintiff's Motion for Entry of Default. "A default judgment is appropriate when a defendant is a totally unresponsive party and its default [is] plainly willful, reflected by its failure to respond to the summons and complaint, the entry of default, or the motion for default judgment." Mohammadi v. Islamic Republic of Iran, 947 F. Supp. 2d 48, 61 (D.D.C. 2013) aff'd, 782 F.3d 9 (D.C. Cir. 2015) (citation and internal quotations omitted). The Attorney General of the United States has responded to the Complaint by filing a Motion to Dismiss, see ECF No. 13 , and therefore default is not warranted. The Clerk of the court shall mail a copy of this order to Plaintiff at their address of record. Signed by Judge Tanya S. Chutkan on 10/13/2022. (lcja) (Entered: 10/13/2022)
2022-10-1918MOTION to Amend/Correct the Record Clerk to Enter Pursuant to FRCP 5(d) re 16 MOTION for Entry of Default by DONALD LYNN MARTIN. (zjm) (Entered: 10/20/2022)
2022-10-2819MOTION for Reconsideration re Order on Motion for Entry of Default by DONALD LYNN MARTIN. (zjm) (Entered: 11/01/2022)
2022-11-1420ORDER GRANTING Defendants' Partial Motion to Dismiss 13 and DENYING Plaintiff's 18 Motion to Amend/Correct and 19 Motion for Reconsideration. Signed by Judge Tanya S. Chutkan on 11/14/22. (psu2) (Entered: 11/14/2022)
2022-11-2821ANSWER to 1 Complaint by UNITED STATES DEPARTMENT OF JUSTICE. (Attachments: # 1 Certificate of Service)(Walker, Anna) (Entered: 11/28/2022)
2022-11-29MINUTE ORDER: Before the Court in this FOIA case are a complaint filed by an incarcerated plaintiff and an answer. The requirements of LCvR 16.3 and Rule 26(f) of the Federal Rules of Civil procedure appear to be inapplicable. IT IS HEREBY ORDERED that Government Defendants shall file a status report and proposed schedule that includes: the status of Plaintiff's FOIA request, the anticipated number of documents responsive to Plaintiff's FOIA request, the anticipated date(s) for release of the documents requested by Plaintiff, whether a Vaughn index will be required in this case, any other pertinent issues and a proposed schedule for filing dispositive motions. Government Defendants shall file the report and proposed schedule, along with a proposed order not later than December 23, 2022. The Clerk of the Court shall mail a copy of this order to: DONALD LYNN MARTIN, R#19080-033, FEDERAL CORRECTIONAL INSITUTION, PO BOX 6001, Ashland, KY 41105. Signed by Judge Tanya S. Chutkan on 11/29/2022. (lcja) (Entered: 11/29/2022)
2022-11-29Set/Reset Deadlines: Government Defendants shall file the report and proposed schedule, along with a proposed order not later than 12/23/2022. (dot) (Entered: 11/29/2022)
2022-12-2322STATUS REPORT by UNITED STATES DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order, # 2 Certificate of Service)(Walker, Anna) (Entered: 12/23/2022)
2022-12-27MINUTE ORDER: On consideration of Defendant's Status Report 22 it is hereby ORDERED that Defendant shall file its dispositive motion by March 23, 2023; Plaintiff shall file his opposition and cross-motion, if any, by May 23, 2023; Defendant shall file its reply and opposition to Plaintiffs cross-motion by June 23, 2023; and Plaintiff shall file his cross-motion reply by July 24, 2023. Signed by Judge Tanya S. Chutkan on 12/27/22. (psu2) (Entered: 12/27/2022)
2022-12-28Set/Reset Deadlines: Cross Motion due by 5/23/2023. Response to Cross Motion due by 6/23/2023. Reply to Cross Motion due by 7/24/2023. Dispositive Motion due by 3/23/2023. Response to Dispositive Motion due by 5/23/2023. Reply to Dispositive Motion due by 6/23/2023. (tb) (Entered: 12/28/2022)
2023-03-2023MOTION for Extension of Time to File Summary Judgment Motion , MOTION to Modify Briefing Schedule by UNITED STATES DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order, # 2 Certificate of Service)(Walker, Anna) (Entered: 03/20/2023)
2023-03-21MINUTE ORDER: For good cause shown, Defendant's Motions to Extend Time 23 and to Modify Briefing Schedule 23 are GRANTED. The briefing schedule set forth in the December 27, 2022, Minute Order is VACATED. Defendant shall file its dispositive motion by April 6, 2023; Plaintiff shall file his opposition and cross-motion, if any, by June 6, 2023; Defendant shall file its reply and opposition to Plaintiffs cross-motion by July 7, 2023; and Plaintiff shall file his cross-motion reply by August 7, 2023. Signed by Judge Tanya S. Chutkan on 3/20/23. (psu2) (Entered: 03/21/2023)
2023-03-29Set/Reset Deadlines: Cross Motion due by 6/6/2023. Response to Cross Motion due by 7/7/2023. Reply to Cross Motion due by 8/7/2023. Dispositive Motion due by 4/6/2023. Response to Dispositive Motion due by 6/6/2023. Reply to Dispositive Motion due by 7/7/2023. (tb) (Entered: 03/29/2023)
2023-04-0624MOTION for Summary Judgment by UNITED STATES DEPARTMENT OF JUSTICE. (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Decl. of Tricia Francis with Attachments, # 4 Decl. of Robin Brown with Exhibit, # 5 Text of Proposed Order, # 6 Certificate of Service)(Walker, Anna) (Entered: 04/06/2023)
2023-04-0725Order advising Plaintiff to respond by 6/6/2023 to 24 Defendant's Motion for Summary Judgment. Signed by Judge Tanya S. Chutkan on 4/7/23. (psu2) (Entered: 04/07/2023)
2023-04-10Set/Reset Deadlines: Response to Motion for Summary Judgment due by 6/6/2023. (tb) (Entered: 04/10/2023)
2023-04-1226NOTICE of Objection to DOJ's Letter by DONALD LYNN MARTIN (Attachment: # 1 Exhibits)(zjm) Modified on 4/19/2023 to correct docket text (zjm). (Entered: 04/19/2023)
2023-05-2227RESPONSE re 24 MOTION for Summary Judgment filed by DONALD LYNN MARTIN. (Attachment: # 1 Exhibits A - E)(ztth) (Entered: 05/23/2023)
2023-05-2428MOTION for Extension of Time to File Response/Reply as to 24 MOTION for Summary Judgment by UNITED STATES DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order, # 2 Certificate of Service)(Walker, Anna) (Entered: 05/24/2023)
2023-05-26MINUTE ORDER: Defendants' 28 Motion for Extension of Time, to June 30, 2023, to file its Reply is DENIED WITHOUT PREJUDICE, as the briefing schedule set forth in the March 21, 2023, Minute Order, sets July 7, 2023, as the deadline for Defendant's Reply. Signed by Judge Tanya S. Chutkan on 5/26/23. (psu2) (Entered: 05/26/2023)
2023-06-0529Memorandum in opposition to re 28 Motion for Extension of Time to File Response/Reply filed by DONALD LYNN MARTIN. (zjm) (Entered: 06/08/2023)
2023-07-0630Second MOTION for Extension of Time to File Response/Reply as to 24 MOTION for Summary Judgment by UNITED STATES DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order, # 2 Certificate of Service)(Walker, Anna) (Entered: 07/06/2023)
2023-07-06MINUTE ORDER: It is hereby ORDERED that Defendants' 30 Motion for Extension of Time is GRANTED, and the Reply is due by July 21, 2023. Signed by Judge Tanya S. Chutkan on 7/6/23. (psu2) (Entered: 07/06/2023)
2023-07-06Set/Reset Deadlines: Defendants' 30 Motion for Extension of Time is GRANTED, and the Reply is due by 7/21/2023. (jth) (Entered: 07/06/2023)
2023-07-2131REPLY to opposition to motion re 24 MOTION for Summary Judgment filed by UNITED STATES DEPARTMENT OF JUSTICE. (Attachments: # 1 Suppl. Decl. of Robin Brown, # 2 Certificate of Service)(Walker, Anna) (Entered: 07/21/2023)
2023-07-2132RESPONSE re 30 Second MOTION for Extension of Time to File Response/Reply as to 24 MOTION for Summary Judgment filed by DONALD LYNN MARTIN. (zjm) (Entered: 07/25/2023)
2023-08-0733NOTICE of Change of Address by DONALD LYNN MARTIN (zjm) (Entered: 08/11/2023)
2023-08-0734MOTION for Extension of Time to by DONALD LYNN MARTIN. (zjm) (Entered: 08/11/2023)
2023-08-14MINUTE ORDER: Per the court's March 21, 2023, Minute Order, Plaintiff's opposition and cross-motion were due by June 6, 2023, and Plaintiff timely filed only an opposition on May 22, 2023. Plaintiff's request for an extension of time to file a cross-motion 34 is DENIED. Signed by Judge Tanya S. Chutkan on 8/11/23. (psu2) (Entered: 08/14/2023)
2023-09-0135MEMORANDUM AND OPINION. Signed by Judge Tanya S. Chutkan on 9/1/23. (psu2) (Entered: 09/01/2023)
2023-09-0136ORDER granting 24 Defendant's Motion for Summary Judgment. This is a final appealable Order. Signed by Judge Tanya S. Chutkan on 9/1/23. (psu2) (Entered: 09/01/2023)
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