No. 18-8720

Rodney Reep v. Department of Justice, et al.

Lower Court: District of Columbia
Docketed: 2019-04-09
Status: Denied
Type: IFP
Response WaivedIFP
Tags: agency-records agency-referrals civil-procedure exemption-7(c) exemption-interpretation foia foia-request government-disclosure government-misconduct grand-jury improper-conduct judicial-procedure statute-of-limitations
Key Terms:
AdministrativeLaw Privacy
Latest Conference: 2019-05-30
Question Presented (from Petition)

1. Does 28 U.S.C. §2401 (a) apply to FOIA?" The government is using 28 U.S.C. §2401(a) to claim that Plaintiff passed the six (6) year statute of limitation. But 2401(a) is inaPplicable to FOIA.

2. Should the Grand Jury's meeting date and the date the Grand Jury convened fall under FOIA's exemption?
Unless the government can demonstrate the disclosure of the Jury's meeting date and the Grand Jury convened would tend to reveal the inner=workings of the Grand Jury investigation, that date is not exempt from disclosure under the FOIA's third exemption.

3. Can you expose the government's improper conduct under 5. U.S.C: §552€b)(7)(C), Exemption 7(c)? .
The purpose of the FOIA is to protect "The citizens" right to be informed about what their government is up to". United States Dept. of Justice v. Reports Comm. for Freedom of the Press, 749, , 772, 1095.Ct. 1468, 103 L.Ed2d 774 (1989), exposing improper conduct by agency officials in the interest that comports with the purpose of FOIA.

%. Should the defendant refer documents to other agencies after a final release? :
Plaintiff objects to the treatment of documents the E.0.U.S.A. subsequently referred to the ATF and the FBI for final disposition, rather than releasing them or citing exemptions directly, rather than engaging in "Consultation". After final release on October . 29, 2009, the defendants on December 1st, 2009, referencing material was located in these referred documents.

Question Presented (AI Summary)

Does 28 U.S.C. §2401(a) apply to FOIA?

Docket Entries

2019-06-03
Petition DENIED.
2019-05-15
DISTRIBUTED for Conference of 5/30/2019.
2019-05-09
Waiver of right of respondent Department of Justice, et al. to respond filed.
2019-03-18
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 9, 2019)

Attorneys

Department of Justice, et al.
Noel J. FranciscoSolicitor General, Respondent
Rodney Reep
Rodney Reep — Petitioner