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Case TitlePAWELSKI v. FEDERAL BUREAU OF INVESTIGATION et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2014cv00940
Date Filed2014-06-12
Date Closed2014-12-12
JudgeJudge Amy Berman Jackson
PlaintiffJOHN JOSEPH PAWELSKI
Case DescriptionJohn Pawelski, who is under federal indictment, submitted FOIA requests to the FBI, the Executive Office for U.S. Attorneys, the Drug Enforcement Administration, the IRS, and the Treasury Department's Inspector General for records about himself. He also requested expedited processing for each request. After none of the agencies responded to his request for expedited processing, Pawelski filed suit.
Complaint issues: Failure to respond within statutory time limit

DefendantFEDERAL BUREAU OF INVESTIGATION
DefendantEXECUTIVE OFFICE OF U.S. ATTORNEYS
DefendantDRUG ENFORCEMENT AGENCY
DefendantINTERNAL REVENUE SERVICE
DefendantTREASURY INSPECTOR GENERAL
Documents
Docket
Complaint
Complaint attachment 1
Opinion/Order [12]
FOIA Project Annotation: Judge Amy Berman Jackson ruled that John Pawelski failed to challenge any of the responses to his FOIA requests for records about himself and his criminal case and, thus, failed to exhaust administrative remedies. Dismissing the case, Jackson noted that "Defendants demonstrate that plaintiff did not pursue administrative appeals of the determinations of the FBI, the EOUSA, the DEA, and the IRS, and that he failed to pay the fees assessed by the [Treasury Deparment's Inspector General]. Thus, plaintiff failed to exhaust his administrative remedies."
Issues: Litigation - Jurisdiction - Failure to Exhaust
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2014-06-121COMPLAINT against DRUG ENFORCEMENT AGENCY, EXECUTIVE OFFICE OF U.S. ATTORNEYS, FEDERAL BUREAU OF INVESTIGATION, INTERNAL REVENUE SERVICE, TREASURY INSPECTOR GENERAL (Filing fee $ 0.00) filed by JOHN JOSEPH PAWELSKI. (Attachments: # 1 Civil Cover Sheet)(rdj) (Entered: 06/16/2014)
2014-06-122MOTION for Leave to Proceed in forma pauperis by JOHN JOSEPH PAWELSKI (rdj) (Entered: 06/16/2014)
2014-06-12FIAT ORDER granting 2 Motion for Leave to Proceed in forma pauperis. "Leave to file without prepayment of costs GRANTED" Signed by Judge James E. Boasberg on 6/12/2014. (rdj) (Entered: 06/16/2014)
2014-06-12SUMMONS (7)Issued as to DRUG ENFORCEMENT AGENCY, EXECUTIVE OFFICE OF U.S. ATTORNEYS, FEDERAL BUREAU OF INVESTIGATION, INTERNAL REVENUE SERVICE, TREASURY INSPECTOR GENERAL, U.S. Attorney and U.S. Attorney General (rdj) (Entered: 06/16/2014)
2014-06-253RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 6/20/2014. ( Answer due for ALL FEDERAL DEFENDANTS by 7/20/2014.), RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 06/20/2014. (jf, ) (Entered: 06/26/2014)
2014-07-084NOTICE of Appearance by Benton Gregory Peterson on behalf of DRUG ENFORCEMENT AGENCY, EXECUTIVE OFFICE OF U.S. ATTORNEYS, FEDERAL BUREAU OF INVESTIGATION, INTERNAL REVENUE SERVICE, TREASURY INSPECTOR GENERAL (Peterson, Benton) (Entered: 07/08/2014)
2014-07-085First MOTION for Extension of Time to File Answer re 1 Complaint, or Otherwise Respond by DRUG ENFORCEMENT AGENCY, EXECUTIVE OFFICE OF U.S. ATTORNEYS, FEDERAL BUREAU OF INVESTIGATION, INTERNAL REVENUE SERVICE, TREASURY INSPECTOR GENERAL (Attachments: # 1 Text of Proposed Order)(Peterson, Benton) (Entered: 07/08/2014)
2014-07-09MINUTE ORDER granting 5 Motion for Extension of Time to Answer. It is ORDERED that All Defendants' answer or other response to the complaint is due by September 18, 2014. Signed by Judge Amy Berman Jackson on 7/9/14. (DMK) (Entered: 07/09/2014)
2014-07-09Set/Reset Deadline: Defendants' Answer or other Response to the Complaint is due by 9/18/2014. (jth) (Entered: 07/09/2014)
2014-07-146RESPONSE re 5 First MOTION for Extension of Time to File Answer re 1 Complaint, or Otherwise Respond filed by JOHN JOSEPH PAWELSKI. (jf, ) (Entered: 07/15/2014)
2014-07-167RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. INTERNAL REVENUE SERVICE served on 6/27/2014 (td, ) (Entered: 07/16/2014)
2014-08-268RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. EXECUTIVE OFFICE OF U.S. ATTORNEYS served on 8/19/2014 (rdj) (Entered: 08/28/2014)
2014-09-189MOTION to Dismiss Or in the alternative , MOTION for Summary Judgment by DRUG ENFORCEMENT AGENCY, EXECUTIVE OFFICE OF U.S. ATTORNEYS, FEDERAL BUREAU OF INVESTIGATION, INTERNAL REVENUE SERVICE, TREASURY INSPECTOR GENERAL (Attachments: # 1 Statement of Facts, # 2 Declaration, # 3 Declaration, # 4 Declaration, # 5 Declaration, # 6 Declaration, # 7 Text of Proposed Order)(Peterson, Benton) (Entered: 09/18/2014)
2014-09-1910RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. TREASURY INSPECTOR GENERAL served on 9/10/2014 (td, ) (Entered: 09/30/2014)
2014-10-1611Order advising plaintiff to respond by 11/14/2014 to defendants' 9 MOTION to Dismiss or in the alternative for Summary Judgment, or the Court will treat the motion as conceded. Signed by Judge Amy Berman Jackson on 10/16/14. (ms, ) (Entered: 10/16/2014)
2014-12-1212MEMORANDUM AND OPINION. Signed by Judge Amy Berman Jackson on 12/12/14. (ms, ) (Entered: 12/12/2014)
2014-12-1213ORDER granting 9 9 Defendants' Motion to Dismiss or Alternatively Motion for Summary Judgment. This is a final appealable Order. Signed by Judge Amy Berman Jackson on 12/12/14. (ms, ) (Entered: 12/12/2014)
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by FOIA Project Staff
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