Case Detail

FOIA Project Annotation: Judge Beryl Howell has ruled that pro se prison litigator David Wattleton failed to exhaust his administrative remedies because he was unable to provide evidence that his appeal to the Executive Office of U.S. Attorneys was received by the agency. Wattleton requested records pertaining to his case in Georgia and the names of individuals who had accessed those records. The agency denied the request under Exemption 6 (invasion of privacy) and Exemption 7(C) (invasion of privacy concerning law enforcement records). Wattleton indicated that he had sent an appeal of the denial, but the agency argued it had no record of receiving Wattleton's appeal. Howell sided with the agency, noting that "plaintiff bears the burden of demonstrating not that he mailed a notice of appeal, but that the agency actually received it. Second, even assuming that plaintiff's notice of appeal was mailed, the record shows that plaintiff attempted to mail the document to an incomplete and incorrect address."
Issues: Litigation - Jurisdiction - Failure to Exhaust

Date Filed	Doc #	Docket Text
2019-05-14		Initiating Pleading & IFP Application Received on 05/14/2019. A copy of the docket sheet has been mailed to the address of record for the pro se party. (zsb) (Entered: 05/22/2019)
2019-05-14	1	COMPLAINT against U.S. DEPARTMENT OF JUSTICE filed by DAVID EARL WATTLETON.(zsb) (Entered: 05/22/2019)
2019-05-14	2	MOTION for Leave to Proceed in forma pauperis by DAVID EARL WATTLETON (zsb) (Entered: 05/22/2019)
2019-06-10	3	PRO SE ORDER directing within 30 days of this Order plaintiff to provide a six month trust fund prisoner account statement or provide the Court with the reasoning as to why he cannot obtain such information and failure to comply will result in dismissal of this action without prejudice. Plaintiff shall provide the requested information specific within this order. Pro Se party has been notified by first class mail. Signed by Judge James E. Boasberg on 06/07/2019. (zmc) (Entered: 06/12/2019)
2019-06-24	4	MOTION for Leave to Proceed in forma pauperis by DAVID EARL WATTLETON (zmc) (Entered: 06/26/2019)
2019-06-24	5	PRISONER TRUST FUND ACCOUNT STATEMENT for period of six months by DAVID EARL WATTLETON (zmc) (Entered: 06/26/2019)
2019-07-10	6	ORDER granting 4 Motion for Leave to Proceed in forma pauperis; granting 2 Motion for Leave to Proceed in forma pauperis (see order for further details). Signed by Judge Amy Berman Jackson on 7/8/2019. (zeg) (Entered: 07/10/2019)
2019-07-10		Case Reassigned to Chief Judge Beryl A. Howell. Unassigned is no longer assigned to the case. (zeg) (Entered: 07/10/2019)
2019-07-10	7	SUMMONS (2) Issued as to U.S. DEPARTMENT OF JUSTICE, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(zeg) Modified text on 7/15/2019 (zeg). (Entered: 07/10/2019)
2019-07-19	8	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 7/18/2019., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 7/18/2019. ( Answer due for ALL FEDERAL DEFENDANTS by 8/17/2019.) (zrdj) (Entered: 07/23/2019)
2019-08-19	9	NOTICE of Appearance by Diana Viggiano Valdivia on behalf of U.S. DEPARTMENT OF JUSTICE (Valdivia, Diana) (Entered: 08/19/2019)
2019-08-19	10	ANSWER to 1 Complaint by U.S. DEPARTMENT OF JUSTICE.(Valdivia, Diana) (Entered: 08/19/2019)
2019-08-29	11	ORDER directing defendant to file a status report by September 20, 2019. Signed by Chief Judge Beryl A. Howell on 8/28/19. (ms) (Entered: 08/29/2019)
2019-08-29		Set/Reset Deadlines: Defendant's Status Report due by 9/20/2019. (hmc) (Entered: 08/29/2019)
2019-09-03	12	RESPONSE re 10 Answer to Complaint filed by DAVID EARL WATTLETON. (zrdj) (Entered: 09/05/2019)
2019-09-20	13	STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Valdivia, Diana) (Entered: 09/20/2019)
2019-10-07	14	MOTION to Issue Subpoena by DAVID EARL WATTLETON (zrdj) (Entered: 10/10/2019)
2019-10-24	15	Memorandum in opposition to re 14 MOTION to Issue Subpoena filed by U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Declaration of Priscilla Jones)(Valdivia, Diana) (Entered: 10/24/2019)
2019-11-04	16	ORDER DENYING without prejudice 14 Plaintiff's motion to issue subpoena and further ORDERING that the following briefing schedule govern these proceedings: Defendant shall file its motion for summary judgment by November 27, 2019; Plaintiff shall file an opposition to Defendant's motion by December 27, 2019, and; Defendant shall file its reply by January 11, 2020. See order for further details. Signed by Chief Judge Beryl A. Howell on 11/04/2019. (dm) (Entered: 11/04/2019)
2019-11-04		Set/Reset Deadlines: Summary judgment motion due by 11/27/2019; opposition to motion for summary judgment due by 12/27/2019; reply to opposition to motion for summary judgment due by 1/11/2020. (tg) (Entered: 11/04/2019)
2019-11-26	17	MOTION for Extension of Time to file Defendant's Motion for Summary Judgment by U.S. DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Valdivia, Diana) (Entered: 11/26/2019)
2019-11-27		MINUTE ORDER GRANTING Defendant's 17 motion for extension of time to file motion for summary judgment and further ORDERING that the following briefing schedule shall now govern these proceedings: Defendant shall file any motion for summary judgment by December 11, 2019; Plaintiff shall file any opposition to Defendant's motion by January 10, 2020, and; Defendant shall file any reply by January 27, 2020. Signed by Chief Judge Beryl A. Howell on 11/27/2019. (dm) (Entered: 11/27/2019)
2019-11-27		Set/Reset Deadlines: Defendant's Motion for Summary Judgment due by 12/11/2019. Plaintiff's Opposition to Defendant's Motion due by 1/10/2020. Defendant's Reply due by 1/27/2020. (hmc) (Entered: 11/27/2019)
2019-12-05	18	RESPONSE to Motion to Dismiss and for Summary Judgment filed by DAVID EARL WATTLETON. "Leave to file GRANTED", Signed by Chief Judge Beryl A. Howell on 12/5/2019.(zrdj) (Entered: 12/11/2019)
2019-12-11	19	MOTION for Extension of Time to file Defendant's Motion for Summary Judgment by U.S. DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Valdivia, Diana) (Entered: 12/11/2019)
2019-12-12		MINUTE ORDER: It is hereby ORDERED that Defendant's 19 motion for extension of time to file its motion for summary judgment is GRANTED and further ORDERING that the following briefing schedule shall now govern these proceedings: Defendant shall file any motion for summary judgment by January 2, 2020; Plaintiff shall file any opposition to Defendant's motion by February 3, 2020, and; Defendant shall file any reply by February 18, 2020. Signed by Chief Judge Beryl A. Howell on 12/12/2019. (dm) (Entered: 12/12/2019)
2019-12-13		Set/Reset Deadlines: Summary judgment motion due by 1/2/2020; opposition to motion for summary judgment due by 2/3/2020; reply due by 2/18/2020. (tg) (Entered: 12/13/2019)
2020-01-02	20	MOTION for Summary Judgment by U.S. DEPARTMENT OF JUSTICE (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Declaration of Theodore B. Smith, # 4 Declaration of Priscilla A. Jones, # 5 Declaration of Jeremy Nerstad, # 6 Text of Proposed Order)(Valdivia, Diana) (Entered: 01/02/2020)
2020-03-03	21	FOX NEAL ORDER advising the plaintiff to respond by April 2, 2020 to 20 the defendant's motion for summary judgment or suffer the risk that the defendant's motion will be granted, and that judgment will be entered in its favor. The defendant shall file a reply, if any, by April 17, 2020. See order for further details. Signed by Chief Judge Beryl A. Howell on 3/3/2020. (dm) (Entered: 03/03/2020)
2020-03-03		Set/Reset Deadlines: Response to Dispositive Motion due by 4/2/2020; reply, if any, due by 4/17/2020. (tg) Modified to add deadline on 3/4/2020 (tg). (Entered: 03/03/2020)
2020-08-12	22	MEMORANDUM OPINION GRANTING the United States Department of Justice's 20 motion for summary judgment and closing the case. Signed by Chief Judge Beryl A. Howell on 8/12/2020. (psu3) (Entered: 08/12/2020)
2020-08-12	23	ORDER GRANTING the United States Department of Justice's 20 motion for summary judgment and closing the case. Signed by Chief Judge Beryl A. Howell on 8/12/2020. (psu3) (Entered: 08/12/2020)
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