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Kucera v. Central Intelligence Agency

United States District Court, D. New Mexico

September 10, 2019

GREGORY EDWARD KUCERA, Plaintiff,
v.
CENTRAL INTELLIGENCE AGENCY, Defendant.

          Gregory Edward Kucera Santa Fe, New Mexico Plaintiff pro se

          MEMORANDUM OPINION AND ORDER DENYING MOTION FOR EXTENSION

         THIS 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.

         PROCEDURAL BACKGROUND

         On May 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. 2018)(Browning, J.).

         Kucera 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).

         After 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 ordered that,

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.

         Kucera 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.

         Motion 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.

         LAW REGARDING EXTENSIONS OF TIME

         Rule 6(b) of the Federal Rules of Civil Procedure governs the circumstances under which a court can grant a party an extension of ...


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