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02-6788 - Robert v. The Central Intelligence Agency et al


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02-6788 - Robert v. The Central Intelligence Agency et al
February 28, 2017
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MEMORANDUM & ORDER: SO ORDERED that Plaintiff's motion for summary judgment (Docket Entry 91) and letter motion for hearing (Docket Entry 109), and Defendants' cross motion for summary judgment (Docket Entry 98) are DENIED. As set forth more fully above, Plaintiff is directed to provide the Court with documentary evidence establishing that he filed a FOIA request with the CIA prior to the commencement of this action within fourteen (14) days of the date of this Memorandum and Order. Defendants are granted leave to renew their motion for summary judgment as to Plaintiff's claim against the CIA and move for summary judgment on Plaintiff's claim against the DOJ within sixty (60) days of the date of this Memorandum and Order. The Clerk of the Court is directed to mail a copy of this Memorandum and Order to the pro se Plaintiff. Ordered by Judge Joanna Seybert on 2/28/2017. (cm to pro se plaintiff via ecf/nef and USPS mail) (Florio, Lisa)
March 31, 2018
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MEMORANDUM & ORDER granting 115 Motion for Summary Judgment. SO ORDERED that Defendants' motion for summary judgment (Docket Entry 115) is GRANTED. To the extent Plaintiff seeks the first page of the April 1990 Document from the CIA, that claim is DISMISSED WITH PREJUDICE. Plaintiff's remaining claims relating to the DOJ Request and the portion of the CIA request seeking documents withheld by the CIA pursuant to FOIA Exemption 3 are DISMISSED WITHOUT PREJUDICE. The Court notes that Plaintiff is required to obtain leave from Judge Garaufis before filing any future FOIA complaints. See Robert v. Dep't of Justice, 439 Fed. App'x at 34-35 (Here, the District Court [Judge Garaufis] did not err or abuse [his] discretion in enjoining Robert from filing further complaints raising FOIA claims without leave of the court, given Robert's history of filing vexatious, burdensome, and meritless FOIA complaints.). The Clerk of the Court is directed to enter judgment accordingly, mark this case CLOSED, and mail a copy of this Memorandum and Order to the pro se Plaintiff. Ordered by Judge Joanna Seybert on 3/31/2018. (CM to pro se plaintiff) (Florio, Lisa)