USCA Case #12-5414

Document #1413363

APPEAL,PROSENP,TYPEI Filed: 12/28/2012 Page 1 of 29

U.S. District Court District of Columbia (Washington, DC) CIVIL DOCKET FOR CASE #: 1:08cv02234RJL
STRUNK v. U.S. DEPARTMENT OF STATE Assigned to: Judge Richard J. Leon Case: 1:09cv01295RJL Case in other court: 1005092 Cause: 05:552 Freedom of Information Act Plaintiff CHRISTOPHER EARL STRUNK Date Filed: 12/29/2008 Jury Demand: Plaintiff Nature of Suit: 895 Freedom of Information Act Jurisdiction: U.S. Government Defendant

represented by CHRISTOPHER EARL STRUNK 593 Vanderbilt Avenue Apartment 281 Brooklyn, NY 11238 (845) 9016767 PRO SE

V. Defendant U.S. DEPARTMENT OF STATE represented by Brigham John Bowen U.S. DEPARTMENT OF JUSTICE 20 Massachusetts Avenue, NW Washington, DC 20530 (202) 5146289 Fax: (202) 6168460 Email: brigham.bowen@usdoj.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED Wynne Patrick Kelly U.S. Attorney's Office Civil Division 555 Fourth St., N.W. Washington, DC 20530 (202) 3072332 Fax: (202) 5148780 Email: wynne.kelly@usdoj.gov TERMINATED: 02/02/2009 LEAD ATTORNEY Defendant U.S. DEPARTMENT OF HOMELAND SECURITY represented by Brigham John Bowen (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

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Date Filed 12/29/2008 # 1

Document #1413363

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Page Docket Text COMPLAINT against U.S. DEPARTMENT OF STATE (Filing fee $ 0.00) filed by CHRISTOPHER EARL STRUNK. (Attachments: # 1 Exhibit, # 2 Civil Cover Sheet)(jf, ) (Entered: 01/03/2009) SUMMONS Not Issued as to U.S. DEPARTMENT OF STATE (jf, ) (Entered: 01/03/2009)

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MOTION for Leave to Proceed in forma pauperis by CHRISTOPHER EARL STRUNK (jf, ) (Entered: 01/03/2009) FIAT ORDER granting 2 Motion for Leave to Proceed in forma pauperis. Signed by Judge Henry H. Kennedy on 12/23/08. "Leave to file without prepayment of cost granted" (jf, ) (Entered: 01/03/2009)

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SUMMONS Returned Executed U.S. Attorney served on 12/31/2008, answer due 1/30/2009. (tg, ) (Entered: 01/05/2009) NOTICE of Appearance by Wynne Patrick Kelly on behalf of U.S. DEPARTMENT OF STATE (Kelly, Wynne) (Entered: 01/05/2009) SUMMONS Returned Executed U.S. DEPARTMENT OF STATE served on 1/9/2009, answer due 2/9/2009. (jf, ) (Entered: 01/14/2009) RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on Attorney General. Date of Service Upon Attorney General 1/8/09. (jf, ) (Entered: 01/26/2009) First MOTION for Extension of Time to File Answer or otherwise respond to Plaintiff's complaint by U.S. DEPARTMENT OF STATE (Attachments: # 1 Text of Proposed Order)(Kelly, Wynne) (Entered: 01/27/2009) ORDER granting 7 Motion for Extension of Time to Answer. U.S. DEPARTMENT OF STATE answer due 3/31/2009. Signed by Judge Richard J. Leon on 1/28/09. (lcrjl2) (Entered: 01/28/2009) Set/Reset Deadlines: US Department of State Answer due by 3/31/2009, (kc) (Entered: 01/28/2009)

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NOTICE OF SUBSTITUTION OF COUNSEL by Brigham John Bowen on behalf of U.S. DEPARTMENT OF STATE Substituting for attorney Wynne Patrick Kelly (Bowen, Brigham) (Entered: 02/02/2009) AMENDED COMPLAINT against U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. DEPARTMENT OF STATE filed by CHRISTOPHER EARL STRUNK. (received on 2/10/09 )(jf, ) (Entered: 02/11/2009) MOTION for Reconsideration re ORDER granting 7 Motion for Extension of Time to Answer. U.S. DEPARTMENT OF STATE answer due 3/31/2009 by CHRISTOPHER EARL STRUNK (Attachments: # 1 Exhibit) "Leave to file granted" by Judge Richard J. Leon(jf, ) (Entered: 02/13/2009) Memorandum in opposition to re 10 MOTION for Reconsideration re Order on Motion for Extension of Time to Answer filed by U.S. DEPARTMENT OF STATE, U.S. DEPARTMENT OF HOMELAND SECURITY.

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(Attachments: # 1 Text of Document #1413363 Proposed Order)(Bowen, Brigham) (Entered:29 Filed: 12/28/2012 Page 3 of 02/19/2009) ORDER denying 10 Motion for Reconsideration. Signed by Judge Richard J. Leon on 02/22/09. (lcrjl2) (Entered: 02/22/2009) SUMMONS (4) Issued as to U.S. DEPARTMENT OF STATE, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. Attorney and U.S. Attorney General (jf, ) (Entered: 03/03/2009) Leave to File Denied by Richard J. Leon. Plaintiff's Surreply Declaration in support of plaintiff's notice of motion for reconsideration of the order granting defendant's first motion for extension of time to answer or otherwise respond to the complaint. (jf) (Entered: 03/06/2009)

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SUMMONS Returned Executed U.S. DEPARTMENT OF STATE served on 3/10/2009, answer due 4/9/2009; U.S. DEPARTMENT OF HOMELAND SECURITY served on 3/10/2009, answer due 4/9/2009, RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the US Attorney, served on 3/10/2009, answer due 4/9/2009 (jf, ) (Entered: 03/12/2009) Leave to File Denied by Judge Richard J. Leon. Plaintiff's Notice of Motion for Recusal. (jf) (Entered: 03/19/2009)

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RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on Attorney General. Date of Service Upon Attorney General 5/13/09. (jf, ) (Entered: 03/20/2009) Second MOTION for Extension of Time to File Answer or Otherwise Respond by U.S. DEPARTMENT OF STATE, U.S. DEPARTMENT OF HOMELAND SECURITY (Attachments: # 1 Text of Proposed Order)(Bowen, Brigham) (Entered: 03/25/2009) ORDER granting 14 Motion for Extension of Time to Answer or Otherwise Respond to Plaintiff's Amended Complaint. Signed by Judge Richard J. Leon on 04/02/09. (lcrjl2) (Entered: 04/02/2009)

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Consent MOTION for Extension of Time to File Answer re 9 Amended Complaint by U.S. DEPARTMENT OF STATE, U.S. DEPARTMENT OF HOMELAND SECURITY (Attachments: # 1 Text of Proposed Order)(Bowen, Brigham) (Entered: 04/09/2009) MINUTE ORDER granting 15 Motion for Extension of Time to Answer or Otherwise to Respond to Plaintiff's Amended Complaint. Answer or Response due 4/23/2009. Signed by Judge Richard J. Leon on 04/16/09. (lcrjl2) (Entered: 04/16/2009) Set/Reset Deadlines: Answer or response due by 4/23/2009, (kc) (Entered: 04/17/2009)

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MOTION to Dismiss (Partial) by U.S. DEPARTMENT OF STATE, U.S. DEPARTMENT OF HOMELAND SECURITY (Attachments: # 1 Exhibit A (Oct. 16, 2008 FOIA Request), # 2 Exhibit B (Nov. 22, 2008 FOIA Request), # 3 Exhibit C (Dec. 25, 2008 FOIA Request), # 4 Exhibit D (1st DOS Ltr., Jan. 12, 2009), # 5 Exhibit E (2nd DOS Ltr., Jan. 12, 2009), # 6 Exhibit F

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(Pl.'s Decl., #1413363 Document Nov. 22, 2009), # 7 Text of Proposed Order)(Bowen, Brigham) Filed: 12/28/2012 Page 4 of 29 (Entered: 04/23/2009) ANSWER to 9 Amended Complaint by U.S. DEPARTMENT OF STATE, U.S. DEPARTMENT OF HOMELAND SECURITY. Related document: 9 Amended Complaint filed by CHRISTOPHER EARL STRUNK.(Bowen, Brigham) (Entered: 04/23/2009) ORDERED that, on or before June 1, 2009, the plaintiff shall file his opposition or response to the defendants' partial motion to dismiss. If the plaintiff fails to respond timely, the Court may grant the defendants' motion as conceded. Signed by Judge Richard J. Leon on 4/27/09. (kc) (Entered: 04/28/2009) Memorandum in opposition to re 16 MOTION to Dismiss (Partial) filed by CHRISTOPHER EARL STRUNK. (Attachments: # 1 Exhibit)(jf, ) (Entered: 06/05/2009) DEMAND for Trial by Jury by CHRISTOPHER EARL STRUNK. (See Docket Entry 19 to view document) (jf, ) (Entered: 06/05/2009)

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REPLY to opposition to motion re 16 MOTION to Dismiss (Partial) MOTION to Dismiss (Partial) filed by U.S. DEPARTMENT OF STATE, U.S. DEPARTMENT OF HOMELAND SECURITY. (Attachments: # 1 Text of Proposed Order)(Bowen, Brigham) (Entered: 06/08/2009) MOTION to Stay Discovery by U.S. DEPARTMENT OF STATE, U.S. DEPARTMENT OF HOMELAND SECURITY (Attachments: # 1 Text of Proposed Order)(Bowen, Brigham) (Entered: 06/09/2009) RESPONSE re Jury Demand : Opposition to Jury Demand filed by U.S. DEPARTMENT OF STATE, U.S. DEPARTMENT OF HOMELAND SECURITY. (Attachments: # 1 Text of Proposed Order)(Bowen, Brigham) (Entered: 06/09/2009) Memorandum in opposition to re 21 MOTION to Stay Discovery filed by CHRISTOPHER EARL STRUNK. (jf, ) (Entered: 06/16/2009) REPLY to Defendants' Reponse to Plaintiff's notice of cross motion of quo warranto demand for jury trial re Jury Demand filed by CHRISTOPHER EARL STRUNK. (jf, ) (Entered: 06/16/2009) REPLY to opposition to motion re 21 MOTION to Stay Discovery filed by U.S. DEPARTMENT OF STATE, U.S. DEPARTMENT OF HOMELAND SECURITY. (Bowen, Brigham) (Entered: 06/19/2009) MINUTE ORDER granting 21 Motion to Stay Discovery. No Discovery shall take place until further order of the Court. Signed by Judge Richard J. Leon on 06/19/09. (lcrjl2) (Entered: 06/19/2009) Letter from Christopher Earl Strunk. "Leave to file granted" by Judge Richard J. Leon (jf, ) (Entered: 10/22/2009) MEMORANDUM by U.S. DEPARTMENT OF STATE, U.S. DEPARTMENT OF HOMELAND SECURITY. (Attachments: # 1 Exhibit Exhibit A Strunk Nov. 4, 2009 Judicial Notice, # 2 Exhibit Exhibit B

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Strunk Nov. 10, 2009 Judicial Notice, # 3 Text of ProposedPage 5 of 29 Order)(Bowen, Document #1413363 Filed: 12/28/2012 Brigham) (Entered: 11/19/2009) NOTICE OF SUPPLEMENTAL AUTHORITY by U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. DEPARTMENT OF STATE (Attachments: # 1 Exhibit Allen v. Dept of Homeland Security, No. CV09373 (D. Ariz. February 1, 2010))(Bowen, Brigham) (Entered: 02/19/2010) MEMORANDUM OPINION. Signed by Judge Richard J. Leon on 3/15/10. (kc) (Entered: 03/16/2010) ORDER, For the reasons stated in the accompanying Memorandum Opinion, it is hereby ORDERED that defendants' partial motion to dismiss 16 is GRANTED, and plaintiff's amended complaint is DISMISSED IN PART to the extent that plaintiff seeks of information pertaining to Barack Hussein Obama; it is FURTHER ORDERED that plaintiff's request for mandamus relief and for an other relief not available under the Freedom of Information Act,including all forms of relief requested in his "Notice of Cross Motion of Quo Warranto Demand for Jury Trial and Decision on Question of First Impression in Response in Opposition to Defendant's Partial Motion to Dismiss Plaintiff's Amended Complaint as to Alleged POTUS : Barack Hussein Obama in Esse" and supporting documents 19 , are DENIED; it is FURTHER ORDERED that defendants' request for a stay of discovery is GRANTED; and it is FURTHER ORDERED that, not later than May 3, 2010, the parties shall file a joint porposed schedule to govern future porceedings in this action. SO ORDERED Signed by Judge Richard J. Leon on 3/15/10. (see order.) (kc ) (Entered: 03/16/2010) NOTICE OF INTERLOCUTORY APPEAL as to 31 Order on Motion to Dismiss,,,, by CHRISTOPHER EARL STRUNK. Fee Status: IFP. Parties have been notified. (jf, ) (Entered: 03/25/2010) Transmission of the Notice of Appeal, Order Appealed, and Docket Sheet to US Court of Appeals. The Fee was not paid because it was filed In Forma Pauperis re 32 Notice of Interlocutory Appeal. (jf, ) (Entered: 03/25/2010) USCA Case Number 105092 for 32 Notice of Interlocutory Appeal filed by CHRISTOPHER EARL STRUNK. (jf, ) (Entered: 04/02/2010)

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NOTICE : Joint Proposed Schedule by U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. DEPARTMENT OF STATE re 31 Order on Motion to Dismiss,,,, (Attachments: # 1 Text of Proposed Order)(Bowen, Brigham) (Entered: 05/03/2010) MOTION for Order of the Department of State to release the FOIA requested information of StanleyAnn Dunham by CHRISTOPHER EARL STRUNK. (jf, ) (Entered: 05/06/2010) MINUTE ORDER. Upon consideration of the parties' joint proposed schedule 34 , it is hereby ORDERED that defendants shall file their motion for summary judgment not later than July 29, 2010, that plaintiff shall file his opposition or other response to the motion not later than August 26, 2010, and that defendants shall file their reply not later than September 16, 2010. SO ORDERED. Signed by Judge Richard J. Leon on 5/5/10. (lcrjl2) (Entered: 05/05/2010)

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Set/Reset Deadlines: Defendants Summary Judgment motions due6 of 29 Document #1413363 Filed: 12/28/2012 Page by 7/29/2010. Plaintiff's Opposition due by 8/26/2010. Defendants Reply due by 9/16/2010. (kc ) (Entered: 05/05/2010)

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Memorandum in opposition to re 35 MOTION for Order filed by U.S. DEPARTMENT OF STATE. (Attachments: # 1 Text of Proposed Order)(Bowen, Brigham) (Entered: 05/20/2010) MOTION for Summary Judgment by U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. DEPARTMENT OF STATE (Attachments: # 1 Declaration of Dorothy Pullo, # 2 Declaration of Alex Galovich, # 3 Text of Proposed Order)(Bowen, Brigham) (Entered: 07/29/2010) ORDER, Ordered that the plaintiff shall file his opposition or other response to the defendants' motion for summary judgment no later than August 26, 2010. If plaintiff does not respond by that date, the Court may treat the motion as conceded and dismiss the case or enter judgment for the defendants. Defendants' reply, if, any, is due no later than September 16, 2010. SO ORDERED. Signed by Judge Richard J. Leon on 8/6/10. (see order) (kc ) (Entered: 08/09/2010) Memorandum in opposition to re 37 MOTION for Summary Judgment filed by CHRISTOPHER EARL STRUNK. "Let this be filed" Judge Richard J. Leon (Attachments: # 1 Exhibit)(jf, ) (Entered: 08/25/2010) SUPPLEMENTAL Declaration to re 39 Memorandum in opposition to re 37 MOTION for Summary Judgment filed by CHRISTOPHER EARL STRUNK. (Attachments: # 1 Exhibit)(jf, ) (Entered: 08/27/2010) SUPPLEMENTAL to 39 Memorandum in opposition to re 37 MOTION for Summary Judgment filed by CHRISTOPHER EARL STRUNK. "Let this be filed" Judge Richard J. Leon (Attachments: # 1 Exhibit, # 2 Affidavit of Philip Hans Jacobsen, # 3 Letter to Judge Richard J. Leon)(jf, ) (Entered: 08/31/2010) REPLY to opposition to motion re 37 MOTION for Summary Judgment filed by U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. DEPARTMENT OF STATE. (Bowen, Brigham) (Entered: 09/16/2010) MOTION for Leave to File Surreply by CHRISTOPHER EARL STRUNK. (Attachments: # 1 Exhibit Surreply, # 2 Text of Proposed Order)(jf, ) (Entered: 09/24/2010) Memorandum in opposition to re 43 MOTION for Leave to File filed by U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. DEPARTMENT OF STATE. (Attachments: # 1 Text of Proposed Order)(Bowen, Brigham) (Entered: 09/27/2010) MINUTE ORDER granting 43 Motion for Leave to File Surreply. It is hereby ORDERED that the motion is GRANTED. Signed by Judge Richard J. Leon on 9/28/10. (lcrjl2) (Entered: 09/28/2010)

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SURREPLY to re 37 MOTION for Summary Judgment filed by CHRISTOPHER EARL STRUNK. (znmw, ) (Entered: 09/29/2010)

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MANDATE of USCA (certified copy) as12/28/2012 of Interlocutory 29 Document #1413363 Filed: to 32 Notice Page 7 of Appeal filed by CHRISTOPHER EARL STRUNK ; USCA Case Number 105092. ORDERED that the motion for reconsideration be denied. (Moser, Sarah) (Entered: 01/21/2011)

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Case reassigned to U.S. District Judge Beryl A. Howell. Judge Richard J. Leon no longer assigned to the case. (gt, ) (Entered: 01/19/2011) Case reassigned back to Judge Richard J. Leon. Judge Beryl A. Howell no longer assigned to the case. (gt, ) (Entered: 01/21/2011) MEMORANDUM OPINION. Signed by Judge Richard J. Leon on 3/10/2011. (kc ) (Entered: 03/11/2011) ORDER, For the reasons set forth in the accompanying Memorandum Opinion, it is hereby ORDERED that defendants' motion for summary judgment 37 is GRANTED IN PART and DENIED IN PART WITHOUT PREJUDICE; it is FURTHER ORDERED that plaintiff's Notice of Motion for an Order of the Department of State to Release the FOIA Requested Information of StanleyAnn Dunham 35 is DENIED; and it is FURTHER ORDERED that defendants shall file a renewed motion for summary judgment with respect to plaintiff's FOIA request to U.S. Customs and Border Protection not later than April 29, 2011; plaintiff shall file opposition or other response to the motion not later than May 27, 2011; defefndants shall file a reply, if any not later than June 17, 2011. SO ORDERED. Signed by Judge Richard J. Leon on 3/10/2011. (see order) (copy of memorandum opinion and order mailed to pro se plaintiff) (kc ) (Entered: 03/11/2011) ENTERED IN ERROR.....MOTION for Vaughn Index by CHRISTOPHER EARL STRUNK. (jf, ) Modified on 3/28/2011 (jf, ). (Entered: 03/28/2011) MOTION for Reconsideration re 48 Order on Motion for Order, Order on Motion for Summary Judgment, and MOTION for Leave to File Vaughn Index by CHRISTOPHER EARL STRUNK (Attachments: # 1 Exhibit Motion for Vaughn Index)(jf, ) (Entered: 03/28/2011) NOTICE OF CORRECTED DOCKET ENTRY: Document No. re 49 MOTION for Vaughn Index was entered in error as a premature filing. (jf, ) (Entered: 03/28/2011) 51 Memorandum in opposition to re 50 MOTION for Reconsideration re 48 Order on Motion for Order, Order on Motion for Summary Judgment, Set/Reset Deadlines,,,,,,,,, MOTION for Leave to File filed by U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. DEPARTMENT OF STATE. (Attachments: # 1 Text of Proposed Order)(Bowen, Brigham) (Entered: 04/07/2011) Second MOTION for Summary Judgment by U.S. DEPARTMENT OF HOMELAND SECURITY (Attachments: # 1 Declaration of Dorothy Pullo, # 2 Text of Proposed Order)(Bowen, Brigham) (Entered: 04/29/2011) ORDER, Ordered that the plaintiff shall file his opposition or other response to the defendants' renewed motion for summary judgment no later than May 27, 2011. If plaintiff does not respond by that date, the Court may treat the motion as conceded and may enter judgment for the defendants. The

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defendant shall file the reply, if any, no later than June 17, 2011. Signed by Document #1413363 Filed: 12/28/2012 Page 8 of 29 Judge Richard J. Leon on 5/3/2011. (see order) (kc ) (Entered: 05/04/2011) Set/Reset Deadlines: Plaintiff's response due by 5/27/2011. Defendants' Reply due by 6/17/2011. (kc ) (Entered: 05/04/2011) Memorandum in opposition to re 52 Second MOTION for Summary Judgment filed by CHRISTOPHER EARL STRUNK. (jf, ) Modified on 6/2/2011 to add various pages are illegible (jf, ). (Entered: 06/01/2011) REPLY to opposition to motion re 52 Second MOTION for Summary Judgment filed by U.S. DEPARTMENT OF HOMELAND SECURITY. (Bowen, Brigham) (Entered: 06/16/2011) MEMORANDUM OPINION. Signed by Judge Richard J. Leon on 2/15/2012. (kc) (Entered: 02/22/2012) ORDER denying 50 Motion for Reconsideration and 50 Motion for Leave to File and granting in part and denying in part without prejudice 52 Motion for Summary Judgment. Signed by Judge Richard J. Leon on 2/15/2012. (see order) (kc ) (Entered: 02/22/2012) Third MOTION for Summary Judgment by U.S. DEPARTMENT OF HOMELAND SECURITY (Attachments: # 1 Declaration of Dorothy Pullo, # 2 Exhibit A to Pullo Declaration (April 29, 2011 Pullo Declaration), # 3 Exhibit B to Pullo Declaration (BCI Record Released), # 4 Exhibit C to Pullo Declaration (Vaughn Index), # 5 Text of Proposed Order)(Bowen, Brigham) (Entered: 03/30/2012) ORDER, Ordered that the plaintiff shall file his opposition or other response to the defendants' renewed motion for summary judgment no later than April 30, 2012. If plaintiff does not respond by that date, the Court may treat the motion as conceded and may enter judgment for the defendants. SO ORDERED. Signed by Judge Richard J. Leon on 4/12/2012. (see order) (kc) (Entered: 04/13/2012) RESPONSE re 58 Third MOTION for Summary Judgment filed by CHRISTOPHER EARL STRUNK. (Attachments: # 1 Exhibit)(jf, ) (Entered: 05/01/2012) REPLY to opposition to motion re 58 Third MOTION for Summary Judgment filed by U.S. DEPARTMENT OF HOMELAND SECURITY. (Bowen, Brigham) (Entered: 05/07/2012) 17 MEMORANDUM AND OPINION. Signed by Judge Richard J. Leon on 11/21/12. (tb, ) (Entered: 11/21/2012) 29 ORDER: For the reasons stated in the accompanying Memorandum Opinion filed on 11/21/12, 58 Defendant's Renewed Motion for Summary Judgment is hereby GRANTED; and it is further ordered that judgment shall be entered for defendants. This is a final appealable order. Signed by Judge Richard J. Leon on 11/21/12. (tb, ) (Entered: 11/21/2012) 9 NOTICE OF APPEAL as to 63 Order on Motion for Summary Judgment, 62 Memorandum &Opinion by CHRISTOPHER EARL STRUNK. Fee Status: IFP. Parties have been notified. (jf, ) (Entered: 12/28/2012)

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