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Case TitleDeWitt v. Commissioner of the Internal Revenue Service
DistrictSouthern District of Ohio
CityDayton
Case Number3:2016cv00021
Date Filed2016-01-13
Date ClosedOpen
JudgeJudge Thomas M. Rose
PlaintiffKeith W DeWitt, Sr
Case DescriptionKeith DeWitt submitted a FOIA request to the IRS for any 1099-C forms bearing his name or Social Security Number. DeWitt received notice from the agency that the search for his records was complete. However, after hearing nothing further from the agency, DeWitt filed suit.
Complaint issues: Failure to respond within statutory time limit

DefendantCommissioner of the Internal Revenue Service
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Opinion/Order [5]
FOIA Project Annotation: A federal court in Ohio has dismissed Keith DeWitt's FOIA suit against the IRS for lack of jurisdiction. DeWitt, a federal prisoner incarcerated in South Carolina, requested all 1099-C forms with his name and social security number. He received a response from the IRS in Kansas City indicating the search for his records had been completed. However, he never received any documents and subsequently sued in Ohio, claiming he was a citizen of Ohio. Dismissing his suit on venue grounds, the court noted that "although Plaintiff alleges that he is a citizen of Ohio, he is presently incarcerated in federal custody in South Carolina. He therefore presently resides in South Carolina, not Ohio." The court observed that "because [FOIA's jurisdictional provision] hinges jurisdiction to the complainant's residence, Plaintiff's present residence in South Carolina does not establish that this Court has jurisdiction over his complaint. Additionally, the other possible districts that have jurisdiction over the complaint are not in Ohio. The complaint does not alleged that plaintiff has a principal place of business in Ohio. The complaint also does not allege that the IRS records he seeks are in Ohio. The complaint instead indicates that he received a letter from the IRS in Kansas City, Missouri and that he has written follow-up letters to the IRS in Kansas City. It appears that district courts in Missouri may have jurisdiction over Plaintiff's complaint. More clearly, under the express language of [FOIA's jurisdictional provisions] district courts in the District of Columbia have jurisdiction over Plaintiff's complaint."
Issues: Litigation - Jurisdiction - Venue
Opinion/Order [18]
Opinion/Order [19]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2016-01-131COMPLAINT against Commissioner of the Internal Revenue Service, filed by Keith W DeWitt, Sr. (Attachments: # 1 Exhibit A, # 2 Civil Cover Sheet) (pb) (Entered: 01/13/2016)
2016-01-292MOTION for Leave to Proceed in forma pauperis by Plaintiff Keith W DeWitt, Sr. Responses due by 2/22/2016 (Attachments: # 1 Correspondence, # 2 Correspondence - Plaintiff titled document as Bond) (srb) (Entered: 01/29/2016)
2016-02-023ORDER granting 2 Motion for Leave to Proceed in forma pauperis and Ordering the Collection of the Full Filing Fee. Signed by Magistrate Judge Sharon L. Ovington on 2/2/16. (pb)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) (Entered: 02/02/2016)
2016-02-114MOTION - Writ of Attachment by Plaintiff Keith W DeWitt, Sr. Responses due by 3/7/2016 (ead) (Entered: 02/11/2016)
2016-02-265REPORT AND RECOMMENDATIONS: 1) Complaint filed by Plaintiff Keith DeWitt, Sr. be DISMISSED without prejudice; 2) Plaintiff's Motion for Writ of Attachment 4 be DENIED as moot; 3) The Court certify that Plaintiff's appeal, if any, would not be taken in good faith; and, 4) The case be terminated on the docket of this Court. Objections to R&R due by 3/14/2016. Signed by Chief Magistrate Judge Sharon L. Ovington on 2/26/16. (mcm)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) (Entered: 02/26/2016)
2016-03-146OBJECTION to 5 Report and Recommendations by Plaintiff Keith W DeWitt, Sr. (Attachments: # 1 Exhibit A, # 2 Exhibit B) (pb) (Entered: 03/14/2016)
2016-05-267DECISION AND ENTRY SUSTAINING OBJECTIONS 6 TO REPORT AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE (DOC. 5 ), DENYING REPORT AND RECOMMENDATIONS AND REFERRING THE MATTER TO THE MAGISTRATE JUDGE FOR FURTHER ACTION. Signed by Judge Thomas M. Rose on 5-26-2016. (de)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) Modified on 5/27/2016 (pb). (Entered: 05/26/2016)
2016-06-018ORDER - IT IS THEREFORE ORDERED THAT: 1. The Clerk of Court is directed to mail summons forms to Plaintiff at his address of record. Plaintiff shall complete the summons forms and return them to the Clerk of Court. The United States Marshall shall thereafter effect service of summons and complaint. All costs of service shall be advanced by the United States. 2. Plaintiff must serve Defendant or its attorney in the event the attorneysappearance is entered in the record with a copy of every document submittedfor consideration by the Court. Plaintiff shall include with the original paperto be filed with the Clerk of Court a certificate stating the date and a true and correct copy of any document mailed to defendant or its attorney. Any paper received by a District Judge or Magistrate Judge that has not been filed with the Clerk of Court or that fails to include a certificate of service will be disregarded by the Court. 3. Plaintiff must inform the Clerk of Court promptly of any changes of address he has during the pendency of this lawsuit. Failure to do so may result in dismissal of this case for failure to prosecute. Signed by Magistrate Judge Sharon L. Ovington on 6/1/16. (pb)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) (Entered: 06/01/2016)
2016-08-029ORDER TO SHOW CAUSE Show Cause Response due by 9/2/2016. Signed by Chief Magistrate Judge Sharon L. Ovington on 8/2/16. (kma)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) (Entered: 08/02/2016)
2016-08-15NOTATION ORDER denying 4 Plaintiff's Motion for Writ of Attachment is DENIED without prejudice to renewal upon effective service of summons and complaint. The Clerk of Court is directed to mail the remaining forms Plaintiff needs to effect service. Plaintiff shall complete and return the forms to the Clerk of Court. Signed by Chief Magistrate Judge Sharon L. Ovington on 8-15-16. (mcm)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) (Entered: 08/15/2016)
2016-08-2211Summons Issued as to Commissioner of the Internal Revenue Service, U.S. Attorney and U.S. Attorney General (pb) (Entered: 08/22/2016)
2016-11-0112SUMMONS Returned Executed as to Defendant Commissioner of the Internal Revenue Service. Commissioner of the Internal Revenue Service served on 10/18/2016, answer due 12/19/2016. (kma) (Entered: 11/01/2016)
2016-11-0313NOTICE of Appearance by Nicholas John Pantel for Defendant Commissioner of the Internal Revenue Service (Pantel, Nicholas) (Entered: 11/03/2016)
2016-11-1514MOTION for Extension of Time to File Response/Reply as to 1 Complaint New date requested 1/17/2017. by Defendant Commissioner of the Internal Revenue Service. Responses due by 12/9/2016 (Pantel, Nicholas) (Entered: 11/15/2016)
2016-11-16NOTATION ORDER: Granting 14 Defendant's Motion for Extension of Time to File Response to Plaintiff's Complaint. Defendant's Response to Plaintiff's Complaint due 1/17/2017 . Signed by Chief Magistrate Judge Sharon L. Ovington on 11/16/2016. (lek) (This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) (Entered: 11/16/2016)
2017-01-1715ANSWER to 1 Complaint filed by Commissioner of the Internal Revenue Service. (Hunsader, Joseph) (Entered: 01/17/2017)
2017-02-0716Response to re 15 Answer by Plaintiff Keith W DeWitt, Sr. (Attachments: # 1 Attachment 1, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8) (kma) (Entered: 02/07/2017)
2017-04-1717Petition for Summary Judgment by Plaintiff Keith W DeWitt, Sr. (jmb) (Entered: 04/17/2017)
2017-06-1218REPORT AND RECOMMENDATIONS: 17 Plaintiff's Petition for Summary Judgment be DENIED. Objections to R&R due by 6/26/2017. Signed by Magistrate Judge Sharon L. Ovington on 6-12-17. (mcm)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) (Entered: 06/12/2017)
2017-06-2719ORDER ADOPTING REPORT AND RECOMMENDATIONS 18 . Plaintiff's pro se Petition for Summary Judgment 17 is DENIED. Signed by Judge Thomas M. Rose on 6-27-2017. (de)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) (Entered: 06/27/2017)
2017-07-1120PRELIMINARY PRETRIAL CONFEENCE ORDER: In accordance with mandates of Fed. R. Civ. P. 26(f), the parties must meet and confer in order to file their 26(f) Report by August 11, 2017. Pretrial procedures and forms can be found on the Courts website at www.ohsd.uscourts.gov. The Court will thereafter, pursuant to Rule 16(b), enter a Calendar Order or will set and hold a Scheduling Conference after which a Calendar Order will issue. Signed by Magistrate Judge Sharon L. Ovington on 7/11/2017. (srb)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) (Entered: 07/11/2017)
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by FOIA Project Staff