Case Detail

FOIA Project Annotation: Judge Beryl Howell has ruled that Wallace Mitchell failed to exhaust his administrative remedies by showing only that he had mailed something through the U.S. Post Office in 2014, but not that the 2014 letter was a FOIA request sent to the Bureau of Prisons. Mitchell filed suit against BOP, alleging it had not responded to his 2014 request for his disciplinary record while in prison and a list of all prison locations and names of associate wardens. After he filed suit, the agency could find no record of a 2014 request, but did find a record of a 2015 request for his disciplinary records. The agency decided to respond to that request out of turn for purposes of convenience. Mitchell argued that he had mailed a FOIA request to BOP in 2014 and that he had a postal service tracking number. The agency argued that was insufficient and Howell agreed. She noted that "the existence of a USPS tracking number is not competent evidence that plaintiff submitted a valid FOIA request in 2014. The plaintiff does not demonstrate that the BOP actually received the July 18, 2014 request, however. Thus, the plaintiff fails to demonstrate that he has exhausted his administrative remedies in respect to the July 18, 2014 request, and the defendant's motion for summary judgment will be granted."
Issues: Litigation - Jurisdiction - Failure to Exhaust

Date Filed	Doc #	Docket Text
2015-07-23	1	NOTICE OF REMOVAL from Superior Court District of Columbia, case number 15-004460 filed by CHARLES E. SAMUELS, JR. (Attachments: # 1 Superior Court Documents Complaint, # 2 Summons, # 3 Civil Cover Sheet)(Maier, Peter) (Entered: 07/23/2015)
2015-07-23		Case Assigned to Judge Beryl A. Howell. (sth) (Entered: 07/24/2015)
2015-07-24	2	NOTICE to Wallace G. Mitchell. (sth) (Entered: 07/24/2015)
2015-07-28	3	Receipt on 7/28/2015 of ORIGINAL FILE, certified copy of transfer order and docket sheet from Superior Court. Superior Court Number 15ca4460. (Attachments: # 1 Superior Court Documents)(znmw) (Entered: 07/28/2015)
2015-07-30	4	MOTION for Extension of Time to File Answer by CHARLES E. SAMUELS, JR (Attachments: # 1 Text of Proposed Order)(Maier, Peter) (Entered: 07/30/2015)
2015-08-10		MINUTE ORDER: Defendant's 4 Motion for Extension of Time is granted, and his Answer or other response to the complaint is due 8/31/2015. Signed by Judge Beryl A. Howell on 8/10/15. (ms) (Entered: 08/10/2015)
2015-08-10		Set/Reset Deadlines: Answer to the Complaint due by 8/31/2015. (tg) (Entered: 08/10/2015)
2015-08-31	5	MOTION to Dismiss for Lack of Jurisdiction by CHARLES E. SAMUELS, JR (Attachments: # 1 Memorandum in Support, # 2 Declaration, # 3 Statement of Facts, # 4 Text of Proposed Order)(Maier, Peter). Added MOTION for Summary Judgment on 9/1/2015 (zrdj). (Entered: 08/31/2015)
2015-09-01	6	Order advising plaintiff to respond by 10/1/2015 to the 5 MOTION to Dismiss for Lack of Jurisdiction or for Summary to the Judgment filed by CHARLES E. SAMUELS, JR, or the Court may treat the motion as conceded. Signed by Judge Beryl A. Howell on 9/1/15. (ms) (Entered: 09/01/2015)
2015-09-01		Set/Reset Deadline: Plaintiff shall respond by 10/1/2015 to the 5 MOTION to Dismiss for Lack of Jurisdiction or for Summary to the Judgment filed by CHARLES E. SAMUELS, JR, or the Court may treat the motion as conceded. (ad) (Entered: 09/01/2015)
2015-09-23	7	Memorandum in opposition to re 5 MOTION to Dismiss for Lack of Jurisdiction MOTION for Summary Judgment filed by WALLACE G. MITCHELL. (zrdj) (Entered: 09/28/2015)
2015-09-23	8	MOTION to Strike Declaration of Eugene E. Baime 5 MOTION to Dismiss for Lack of Jurisdiction MOTION for Summary Judgment by WALLACE G. MITCHELL (zrdj) (Entered: 09/28/2015)
2015-10-15	9	MOTION for Extension of Time to File Reply Support of Motion for Summary Judgment , MOTION for Extension of Time to File Response/Reply by CHARLES E. SAMUELS, JR (Attachments: # 1 Text of Proposed Order, # 2 Memorandum in Support, # 3 Exhibit Reply Brief)(Maier, Peter) (Entered: 10/15/2015)
2015-10-15	10	REPLY to opposition to motion re 5 MOTION to Dismiss for Lack of Jurisdiction MOTION for Summary Judgment filed by CHARLES E. SAMUELS, JR. (Maier, Peter) (Entered: 10/15/2015)
2015-10-15	11	REPLY to opposition to motion re 5 MOTION to Dismiss for Lack of Jurisdiction MOTION for Summary Judgment Corrected filed by CHARLES E. SAMUELS, JR. (Attachments: # 1 Exhibit)(Maier, Peter) (Entered: 10/15/2015)
2015-10-15	12	MOTION for Extension of Time to File Response/Reply To Motion To Strike by CHARLES E. SAMUELS, JR (Attachments: # 1 Text of Proposed Order, # 2 Memorandum in Support, # 3 Exhibit Mem in Opp., # 4 Exhibit Exhibits to Mem in Opp.)(Maier, Peter) (Entered: 10/15/2015)
2015-10-15	13	Memorandum in opposition to re 8 MOTION to Strike 5 MOTION to Dismiss for Lack of Jurisdiction MOTION for Summary Judgment filed by CHARLES E. SAMUELS, JR. (Attachments: # 1 Exhibit)(Maier, Peter) (Entered: 10/15/2015)
2015-10-16		MINUTE ORDER: The defendants' 9 9 12 Motions for Extensions of Time are granted nunc pro tunc. Signed by Judge Beryl A. Howell on 10/16/15. (ms) (Entered: 10/16/2015)
2015-11-02	14	REPLY to opposition to motion re 8 MOTION to Strike 5 MOTION to Dismiss for Lack of Jurisdiction MOTION for Summary Judgment filed by WALLACE G. MITCHELL. (zrdj) (Entered: 11/04/2015)
2015-11-05	15	SURREPLY to re 5 MOTION to Dismiss for Lack of Jurisdiction MOTION for Summary Judgment filed by WALLACE G. MITCHELL. "Leave to file GRANTED", by Judge Beryl A. Howell (zrdj) (Entered: 11/06/2015)
2016-02-17	16	MEMORANDUM AND OPINION. Signed by Judge Beryl A. Howell on 2/17/16. (ms) (Entered: 02/17/2016)
2016-02-17	17	ORDER dismissing Charles Samuels, Jr. as a party defendant; denying 5 the defendant's Motion to Dismiss for Lack of Jurisdiction and granting its 5 Motion for Summary Judgment; and denying 8 the plaintiff's Motion to Strike the Baime Declaration. This is a final appealable Order. Signed by Judge Beryl A. Howell on 2/17/16. (ms) (Entered: 02/17/2016)
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