No. 22-5009

Larry Welenc v. Department of Justice, et al.

Lower Court: District of Columbia
Docketed: 2022-06-30
Status: Denied
Type: IFP
Response WaivedRelisted (2)IFP
Tags: civil-procedure civil-rights due-process exemptions foia foia-exemption freedom-of-information-act investigative-procedure judicial-review standing statute-of-limitations
Latest Conference: 2022-11-10 (distributed 2 times)
Question Presented (from Petition)

1.) Can a US District Court Judge determine that a an excised Document released under
The Freedom of Information Act, 5 U.S.C. § 552, consisting only of a blank sheet of
paper and a page number falls under a FOIA Exemption, without having been informed
of the contents of the document?

2.) Can a US District Court Judge determine that a response of the Respondent to a
FOIA request other than that before the court is inconsequential and decide on a Motion
for Summary Judgment based on that response to the incorrect FOIA?

3.) Can the FBI keep an unspecified alleged investigation of a citizen open for 32 years
based on an alleged surveillance photo of that person or any other basis or is this a
violation of the Statue of limitations and the citizens civil rights ?

4.) Is the FBI required or should they be required to release exonerating information in a
civil matter, here a FOIA suit, if they are the investigating agency in the matter to
which the exonerating evidence refers?

5.) Can the Appeals Court contrary to their own rules allow a tribunal to consist of 2
judges to decide on a Motion?

Question Presented (AI Summary)

Can a US District Court Judge determine that an excised document released under FOIA consists only of a blank sheet and page number falls under a FOIA exemption without knowing the contents?

Docket Entries

2022-11-14
Rehearing DENIED. Justice Jackson took no part in the consideration or decision of this petition.
2022-10-25
DISTRIBUTED for Conference of 11/10/2022.
2022-10-12
Petition for Rehearing filed.
2022-10-03
Petition DENIED. Justice Jackson took no part in the consideration or decision of this petition.
2022-08-04
DISTRIBUTED for Conference of 9/28/2022.
2022-08-01
Waiver of right of respondent Department of Justice, et al. to respond filed.
2022-06-06
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 1, 2022)

Attorneys

Department of Justice, et al.
Elizabeth B. PrelogarSolicitor General, Respondent
Larry Welenc
Larry Welenc — Petitioner