United States District Court, D. New Mexico
Gregory Edward Kucera Santa Fe, New Mexico Plaintiff pro se
MEMORANDUM OPINION AND ORDER DENYING MOTION FOR
MATTER comes before the Court on the Plaintiff's
untitled motion for an extension of time to supply the court
with additional information, filed October 9, 2018 (Doc.
23)(“Motion for Extension”). Plaintiff Gregory
Edward Kucera appears pro se. For the reasons set forth
below, the Court will deny Kucera's Motion for Extension.
31, 2018, the Court dismissed this case without prejudice for
lack of subject-matter jurisdiction. See Kucera v. Cent.
Intelligence Agency, 347 F.Supp.3d 653 (D.N.M.
subsequently filed: (i) his Stipulated Protective Order and
Request for Injunction Regarding Current Litigation, filed
August 23, 2018 (Doc. 16); (ii) his Stipulated Protective
Order and Request for Injunction Regarding Current
Litigation, filed August 24, 2018 (Doc. 20); and (iii) his Ex
Parte Motion to Seal[;] Motion to Review Highly Classified
Source Information in Association to Covert Live Fire
Operations and/or Their Counter Covert Counterparts[;] Motion
to Electronically file[; and] Motion for a Hearing, filed
September 6, 2018 (Doc. 21).
reviewing the record, the Court “determine[d] that
Plaintiff Gregory Edward Kucera's Motions constitute
frivolous litigation intended to burden the Court's
resources” and ordered that “Kucera show cause
why the Court should not restrict him from filing further
documents in” this case. See Kucera v. Cent.
Intelligence Agency, 2018 WL 5994528, 2018 U.S. Dist.
LEXIS 164947; Memorandum Opinion and Order Denying Frivolous
Motions and Order to Show Cause, filed September 25, 2018
(Doc.22)(“Order to Show Cause”). The Court also
if Kucera does not timely file objections, the proposed
filing restrictions shall take effect fourteen days from the
date of this Order and will apply to any documents filed
after that time; if Kucera timely files objections, the
proposed filing restrictions will take effect only upon entry
of a subsequent order.
Order to Show Cause at 4.
did not timely file objections. On October 9, 2018, Kucera
filed his Motion for Extension, stating:
I did not receive proper notice of this memorandum opinion
via pacer.gov until yesterday October 8th, 2018. As a result
of not receiving any notice I am requesting an extension to
supply the court with additional information and to
de-mitigate the complexity of requesting discoverable highly
classifiable intelligence via the CIA and this court. To the
best of my knowledge the discoverable information I've
requested regarding my person, may require a complex
declassification process as a result of being classified
under Executive Order 13526 and was seeking to alert the
court of this potential proceeding associated with the
classified information procedures act (CIPA).
Further as I was only notified of this as of yesterday the
8th of October, I am requesting an extension to release
information to the court in order to properly be heard during
a complex declassification request.
for Extension at 1. The phrase “this memorandum
opinion” appears to refer to the Court's Order to
Show Cause. Motion for Extension at 1.
REGARDING EXTENSIONS OF TIME
6(b) of the Federal Rules of Civil Procedure governs the
circumstances under which a court can grant a party an
extension of ...