Case Detail

FOIA Project Annotation: Judge Jia Cobb has ruled that the FBI has not shown that pro se prisoner litigator Omar Weise's FOIA suit should be dismissed because of minor procedural defects. Weise submitted a FOIA request to the FBI for records about his 2013 arrest. The FBI respondeed, identifying 23,734 documents potentially relevant to his request, which, the FBI estimated, would cost $1,186 to process. Weise was concerned that the FBI would redact the documents so heavily that the expense would not be worth it. Instead, he modified his request to ask for the equivalent of $5.00 or 100 pages for free. When the FBI did not respond to his modified request, Weise filed suit. Later, Weise moved to amend his complaint to include similar charges against the Department of Justice, the U.S. Marshals Service, and U.S. Immigration and Customs Enforcement. In response to that request, the FBI told Weise that it would furnish 100 pages for free and that Weise had mistakenly claimed ICE was a component of DOJ. In his subsequent amended complaint, Weise asked for records about himself from DOJ, FBI, and USMS. He also asked for records for ICE. Cobb asked: "which pleading errors are forgivable and which doom a complaint?" In answer, she noted that 'Weise admitted that he made an error â€" he did not include ICE as a named defendant in his amended complaint â€" but his efforts to correct this mistake in subsequent pleadings and the lack of prejudice to Defendants convinces the Court that his error is excusable." She observed that "Richardson v. United States, 193 F.3d 545 (D.C. Cir. 1999), provides a framework for answering the consequences of pleading defects by pro se litigants." In Richardson the D.C. Circuit found such pleadings should be construed liberally, the consequences of the plaintiff's ability to amend their complaint, whether the plaintiff recognized the error and tried to fix it, and whether the pleading defect caused prejudice to the defendant. Cobb added another addition â€" the materiality of the pleading defect. "She indicated that 'analyzing these factors together, the Court concludes that Weise's pleading defect is excusable. Weise is a pro se litigant who recognized his mistake and took steps to correct it in his Response to Defendants' Motion to Dismiss. The Court declines to throw out a pro se litigant's claim under these circumstances, especially given the lack of prejudice to Defendants. The Court denies Defendants' Partial Motion to Dismiss, construes Weise's Response brief as a Motion to Amend, and grants Weise leave to amend his complaint pursuant to Federal Rule of Civil Procedure 15(a)(2)."
Issues: Request - Perfected request

Date Filed	Doc #	Docket Text
2020-09-08		Initiating Pleading & IFP Application Received on 9/15/2020. A copy of the docket sheet has been mailed to the address of record for the pro se party. (adh, ) (Entered: 09/15/2020)
2020-09-08	1	COMPLAINT against FEDERAL BUREAU OF INVESTIGATION filed by OMAR WEISE.(adh, ) (Entered: 09/15/2020)
2020-09-08	2	MOTION for Leave to Proceed in forma pauperis by OMAR WEISE (adh, ) (Entered: 09/15/2020)
2020-09-23	3	PRO SE ORDER directing within 30 days of this Order, unless an extension of time is granted, plaintiff to provide a six month trust fund prisoner account statement and failure to comply will result in dismissal of case. Plaintiff shall provide the requested information specific within this order. Pro Se party has been notified by first class mail. Signed by Judge Rudolph Contreras on 9/23/2020. (adh, ) (Entered: 09/24/2020)
2020-10-27	4	PRISONER TRUST FUND ACCOUNT STATEMENT for period of six months by OMAR WEISE (adh, ) (Entered: 10/30/2020)
2020-11-24	5	ORDER directing an initial partial filing fee in the amount of $17.50 from Prison Account of OMAR WEISE and granting MOTION for Leave to Proceed In Forma Pauperis (see order for full details). Pro Se party has been notified by first class mail. Signed by Judge Ketanji Brown Jackson on 11/24/2020. (adh, ) (Entered: 11/24/2020)
2020-11-24		Case Assigned to Judge Ketanji Brown Jackson. (adh, ) (Entered: 11/24/2020)
2020-12-09	6	SUMMONS (3) Issued as to FEDERAL BUREAU OF INVESTIGATION, U.S. Attorney and U.S. Attorney General, sent to U.S Marshall service. (adh, ) (Entered: 12/09/2020)
2020-12-15	7	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 12/15/2020. Answer due for ALL FEDERAL DEFENDANTS by 1/14/2021. (eg) (Entered: 12/16/2020)
2021-01-08	8	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 01/08/2021. (zjf) Modified on 1/13/2021 to correct party served (zjf). (Entered: 01/13/2021)
2021-01-14	9	ANSWER to Complaint by FEDERAL BUREAU OF INVESTIGATION.(Tilghman, Michael) (Entered: 01/14/2021)
2021-02-02	10	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. FEDERAL BUREAU OF INVESTIGATION served on 1/29/2021 (zjf) (Entered: 02/05/2021)
2021-02-25	11	MOTION to Amend/Correct 1 Complaint by OMAR WEISE. (Attachments: # 1 Exhibit Amended Complaint)(zjf) (Entered: 02/28/2021)
2021-03-05	12	NOTICE by FEDERAL BUREAU OF INVESTIGATION re 11 MOTION to Amend/Correct 1 Complaint (Tilghman, Michael) (Entered: 03/05/2021)
2021-06-15		MINUTE ORDER granting 11 Motion to Amend C0mplaint. Signed by Judge Ketanji Brown Jackson on 6/15/2021. (jag) (Entered: 06/15/2021)
2021-06-15	13	AMENDED COMPLAINT against FEDERAL BUREAU OF INVESTIGATION, DEPARTMENT OF JUSTICE, UNITED STATES MARSHAL SERVICES filed by OMAR WEISE.(zjf) (Entered: 06/22/2021)
2021-06-17	14	NOTICE by OMAR WEISE (zjf) (Entered: 06/22/2021)
2021-06-22		Judge Ketanji Brown Jackson has been elevated to serve on the U.S. Court of Appeals for the D.C. Circuit. She is therefore no longer assigned to this case, and this matter has been reassigned to the Calendar Committee, which will oversee it until it is assigned to another district judge. Any questions should be directed to Judge Jackson's former deputy clerk, Gwendolyn Franklin, at 202-354-3145 or gwen_franklin@dcd.uscourts.gov. (rj) (Entered: 06/22/2021)
2021-06-29	15	PARTIAL MOTION to Dismiss filed by DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF INVESTIGATION, UNITED STATES MARSHAL SERVICES. (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order)(Tilghman, Michael) Modified on 7/21/2021 (psu3). (Entered: 06/29/2021)
2021-06-29	16	ANSWER to 13 Amended Complaint by DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF INVESTIGATION, UNITED STATES MARSHAL SERVICES.(Tilghman, Michael) (Entered: 06/29/2021)
2021-07-21	17	ORDER advising Plaintiff to respond to Defendants' 15 Partial Motion to Dismiss by August 20, 2021, or the Court may treat the Motion as conceded or otherwise dismiss claims in this matter. See Order for further details. Signed by Judge Rudolph Contreras on 7/21/2021. (psu3) (Entered: 07/21/2021)
2021-07-21		Set/Reset Deadlines: Response due by 8/20/2021. (zgdf) (Entered: 07/21/2021)
2021-08-02	18	Memorandum in opposition re 15 PARTIAL MOTION to Dismiss filed by OMAR WEISE. (zjf) (Entered: 08/05/2021)
2021-08-12	19	REPLY to opposition to motion re 15 MOTION to Dismiss , in Part filed by DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF INVESTIGATION, UNITED STATES MARSHAL SERVICES. (Tilghman, Michael) (Entered: 08/12/2021)
2021-11-15		Case directly reassigned to Judge Jia M. Cobb. Judge Ketanji Brown Jackson has been appointed to the D.C. Circuit and is no longer assigned to the case. (rj) (Entered: 11/15/2021)
2022-08-31	20	NOTICE OF SUBSTITUTION OF COUNSEL by Stephen DeGenaro on behalf of All Defendants Substituting for attorney Michael A. Tilghman II (DeGenaro, Stephen) (Entered: 08/31/2022)
2022-10-24	21	ORDER denying 15 Defendants' Partial Motion to Dismiss: For the reasons stated in the accompanying memorandum opinion, the Court hereby ORDERS that Defendants' Motion is DENIED. Plaintiff's Memorandum in Opposition to Defendants' Motion is construed as a Motion to Amend. Plaintiff's Second Amended Complaint is due by November 23, 2022. Signed by Judge Jia M. Cobb on October 24, 2022. (lcjmc1) (Entered: 10/24/2022)
2022-10-24	22	MEMORANDUM AND OPINION: See attached document for details. Signed by Judge Jia M. Cobb on October 24, 2022. (lcjmc1) (Entered: 10/24/2022)
2023-02-13		MINUTE ORDER: The Court ORDERS the Government to provide a Status Report by February 28, 2023, updating the Court on the status of the FOIA production. Also by February 28, the Court ORDERS the Government to submit a proposed briefing schedule for summary judgment in this case; the Government may include any other deadlines it believes to be relevant to resolution of this case. Plaintiff will then have an opportunity to respond to the Government's proposed schedule. Signed by Judge Jia M. Cobb on February 13, 2023. (lcjmc1) (Entered: 02/13/2023)
2023-02-28	23	STATUS REPORT and Proposed Schedule by FEDERAL BUREAU OF INVESTIGATION, UNITED STATES MARSHAL SERVICES, US DEPT OF JUSTICE. (Attachments: # 1 Text of Proposed Order, # 2 Certificate of Service)(DeGenaro, Stephen) (Entered: 02/28/2023)
2023-03-03		MINUTE ORDER: The Court ORDERS that the following schedule shall govern dispositive briefing in this case: By April 25, 2023, Plaintiff shall file a Second Amended Complaint if he plans to pursue claims against U.S. Immigration and Customs Enforcement (ICE), or he shall file a notice that he plans to pursue his claims without adding ICE as a Defendant. Failure to file one of these two documents may result in this case being dismissed for failure to prosecute. Assuming Plaintiff chooses to proceed with this case, Defendants' Answer will be due May 25, 2023; Defendants' Motion for Summary Judgment will be due June 26, 2023; Plaintiff's Combined Opposition/Cross-Motion for Summary Judgment will be due July 26, 2023; Defendants' Combined Opposition/Reply will be due August 25, 2023; and Plaintiff's Reply will be due September 22, 2023. Signed by Judge Jia M. Cobb on March 3, 2023. (lcjmc1) (Entered: 03/03/2023)
2023-05-09		MINUTE ORDER: On March 3, 2023, the Court ordered Plaintiff to file either a Second Amended Complaint or a notice that he planned to pursue his claims without adding ICE as a Defendant. The Court warned Plaintiff that a failure to do one of these two things could result in his case being dismissed for failure to prosecute. Because the April 25, 2023 deadline has passed, and in accordance with LCvR 83.23 and Fed. R. Civ. P. 41(b), the Court hereby ORDERS that this case is dismissed for failure to prosecute. Signed by Judge Jia M. Cobb on May 9, 2023. (lcjmc1) (Entered: 05/09/2023)
2023-05-11		MINUTE ORDER: The Court clarifies that the Minute Order entered on May 9, 2023, is a final, appealable Order. Signed by Judge Jia M. Cobb on May 11, 2023. (lcjmc1) (Entered: 05/11/2023)
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