Case Detail

FOIA Project Annotation: Judge Emmet Sullivan has ruled that prisoner Lowell Thomas Lakin failed to exhaust his administrative remedies when his appeal of the denial of his request to EOUSA did not arrive at the Office of Information Policy within the 60 days proscribed in its FOIA regulations. Lakin asked for any records about himself but EOUSA informed him that he had waived his right to make a FOIA request as part of a 2008 plea agreement. He appealed the denial to OIP, but the letter did not arrive until 10 days after the time limit for appealing had run. He filed suit contesting OIP's actions, arguing that the "prisoner's mailbox rule," which considers filings by prisoners received on the date delivered to prison authorities, applied. But Sullivan explained the prisoner's mailbox rule applied only when the date for filing was ambiguous, which was not the case here. He indicated that "the applicable regulation specifically states that an appeal of a FOIA request 'must be received by the Office of Information Policy within 60 days of the date of the letter denying [the FOIA] request.'" He observed that "because the appeal [of EOUSA's September 8, 2009 denial] was not received until November 17, 2009, plaintiff did not comply with the regulation."
Issues: Litigation - Jurisdiction - Failure to Exhaust

Date Filed	Doc #	Docket Text
2011-03-21	1	COMPLAINT against UNITED STATES DEPARTMENT OF JUSTICE ( Filing fee $ 350, receipt number 4616037405) filed by LOWELL THOMAS LAKIN. (Attachments: # 1 Civil Cover Sheet)(rdj) (Entered: 03/23/2011)
2011-03-21		SUMMONS (3) Issued as to UNITED STATES DEPARTMENT OF JUSTICE, U.S. Attorney and U.S. Attorney General (rdj) (Entered: 03/23/2011)
2012-01-06	2	ORDER directing plaintiff to complete service of process. Signed by Judge Emmet G. Sullivan on January 6, 2012. (lcegs2 ) (Entered: 01/06/2012)
2012-01-09		Set/Reset Deadlines: plaintiff must either file proof that defendant has been served or provide a written explanation for why service of process has not been completed by 2/6/2012. (clv, ) (Entered: 01/09/2012)
2012-03-07	3	Mail Returned as undeliverable sent to Lowell Thomas Lakin; Type of Document Returned: Order 2 directing plaintiff to complete service of process;. (clv, ) (Entered: 03/07/2012)
2012-03-08	4	ORDER directing plaintiff to complete service of process. Signed by Judge Emmet G. Sullivan on March 8, 2012. (lcegs2) (Entered: 03/08/2012)
2012-03-13		Set/Reset Deadlines: plaintiff to file with the court proof that the defendant has been served with a summons and complaint or provide the Court with an explanation for why service of process has not been completed by 4/9/2012. (clv, ) (Entered: 03/13/2012)
2012-04-09	6	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 4/11/2012. ( Answer due for ALL FEDERAL DEFENDANTS by 5/11/2012.), RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 04/03/2011., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES DEPARTMENT OF JUSTICE served on 4/26/2011 (jf, ) (Entered: 04/17/2012)
2012-04-10	5	VACATED PURSUANT TO THE MINUTE ORDER ENTERED 4/19/12 ORDER dismissing this action without prejudice. Signed by Judge Emmet G. Sullivan on April 10, 2012. (lcegs2) Modified on 4/20/2012 (clv, ). (Entered: 04/10/2012)
2012-04-19		MINUTE ORDER. Upon consideration of 6 plaintiff's letter regarding service of process, the Court hereby vacates 5 Order dismissing action without prejudice and reinstates the case to the active docket. The government is directed to respond to 1 plaintiff's complaint by no later than May 10, 2012. Signed by Judge Emmet G. Sullivan on April 19, 2012. (lcegs2) (Entered: 04/19/2012)
2012-05-02	7	MOTION to Reinstate the Case by LOWELL THOMAS LAKIN. "Let this be filed" signed by Judge Emmett G. Sullivan on 05/01/2012 (jf, ) (Entered: 05/02/2012)
2012-05-04		MINUTE ORDER. In light of the Court's April 19, 2012 Minute Order reinstating this case to the active docket, 7 plaintiff's motion to reinstate case is DENIED as moot. It is FURTHER ORDERED that plaintiff shall send all further filings to the attention of the Clerk of Court, U.S. District Court for the District of Columbia, 333 Constitution Ave., NW, Washington, DC 20001. See Local Civ. R. 5.1 ("Except when requested by a judge, correspondence shall not be directed by the parties or their attorneys to a judge, nor shall papers be left with or mailed to a judge for filing."). Signed by Judge Emmet G. Sullivan on May 4, 2012. (lcegs2) (Entered: 05/04/2012)
2012-05-15	8	NOTICE of withdrawal of motion to reinstate action by LOWELL THOMAS LAKIN re 7 Motion to Reopen Case. "Let this be filed" signed by Judge Emmet G. Sullivan on 05/11/2012(jf, ) (Entered: 05/15/2012)
2012-05-23	9	NOTICE of Appearance by Sean Joseph Vanek on behalf of UNITED STATES DEPARTMENT OF JUSTICE (Attachments: # 1 Certificate of Service)(Vanek, Sean) (Entered: 05/23/2012)
2012-05-23	10	MOTION for Extension of Time to Respond to the Complaint by UNITED STATES DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order, # 2 Certificate of Service)(Vanek, Sean) (Entered: 05/23/2012)
2012-05-23		MINUTE ORDER granting 10 motion for extension of time, nunc pro tunc, to respond to complaint. Defendant shall respond to plaintiff's complaint by no later than May 31, 2012. Signed by Judge Emmet G. Sullivan on May 23, 2012. (lcegs2) (Entered: 05/23/2012)
2012-05-24		Set/Reset Deadlines: Answer due by 5/31/2012, (clv, ) (Entered: 05/24/2012)
2012-05-30	11	MOTION to Dismiss, MOTION for Summary Judgment by UNITED STATES DEPARTMENT OF JUSTICE (Attachments: # 1 Statement of Facts, # 2 Memorandum in Support, # 3 Text of Proposed Order, # 4 Declaration Brandon, # 5 Declaration Jones, # 6 Certificate of Service)(Vanek, Sean) (Entered: 05/30/2012)
2012-06-05	12	ORDER directing plaintiff to respond to defendant's motion to dismiss by no later than July 6, 2012. If plaintiff does not respond by that date, the Court may treat the motion as conceded and dismiss the case without prejudice. Plaintiff is directed to read this Order in its entirety upon receipt. Signed by Judge Emmet G. Sullivan on June 5, 2012. (lcegs2) (Entered: 06/05/2012)
2012-06-05		Set/Reset Deadlines: Response to Dispositive Motions due by 7/6/2012. (clv, ) (Entered: 06/05/2012)
2012-06-05		NOTICE:Mailed the Order entered 6/5/12 to plaintiff to the address of record. (clv, ) (Entered: 06/05/2012)
2012-07-12	13	Memorandum in opposition to re 11 MOTION to Dismiss MOTION for Summary Judgment filed by LOWELL THOMAS LAKIN. (td, ) (Entered: 07/16/2012)
2012-07-25	14	REPLY to opposition to motion re 11 MOTION to Dismiss MOTION for Summary Judgment filed by UNITED STATES DEPARTMENT OF JUSTICE. (Attachments: # 1 Certificate of Service)(Vanek, Sean) (Entered: 07/25/2012)
2012-09-05	15	SURREPLY to re 11 MOTION to Dismiss MOTION for Summary Judgment filed by LOWELL THOMAS LAKIN. "Let this be filed" signed by Judge Emmet G. Sullivan on 09/04/2012. (jf, ) (Entered: 09/05/2012)
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