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Case TitleStiso v. United States Department Of Justice et al
DistrictMiddle District of Pennsylvania
CityScranton
Case Number3:2018cv02375
Date Filed2018-12-14
Date Closed2022-07-15
JudgeHonorable Robert D. Mariani
PlaintiffPasquale Stiso
Case DescriptionPasquale Stiso, a federal prisoner, submitted a FOIA request to the Department of Justice for records concerning complaints or disciplinary action take against Assistant U.S. Attorney Anthony Mahajan in the Newark office of the U.S. Attorney. DOJ acknowledged receipt of the request and issued a Glomar response neither confirming nor denying the existence of records. Stiso filed an administrative appeal with the Office of Information Policy, which upheld the agency's Glomar response. Stiso also submitted a FOIA request to the FBI for records about himself. The FBI acknowledged receipt of the request and denied the request under Exemption 7(A) (interference with ongoing investigation or proceeding), arguing that Stiso could still pursue post-conviction relief. Stiso filed an administrative appeal of the FBI's denial with OIP, which upheld the FBI's decision. Stiso then filed suit.
Complaint issues: Exemption 7(A) - Interference with ongoing investigation

DefendantUnited States Department Of Justice
DefendantFederal Bureau of Investigations
Documents
Docket
Complaint
Complaint attachment 1
Opinion/Order [36]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2018-12-141COMPLAINT against Federal Bureau of Investigations, United States Department Of Justice lodged pending the disposition of the Motion to Proceed In Forma Pauperis, filed by Pasquale Stiso. (Attachments: # 1 Civil Cover Sheet)(ep) (Entered: 12/14/2018)
2018-12-142MOTION for Leave to Proceed in forma pauperis by Pasquale Stiso.(ep) (Additional attachment(s) added on 12/14/2018: # 1 Application) (ep). (Entered: 12/14/2018)
2018-12-143Prisoner Trust Fund Account Statement by Pasquale Stiso. (ep) (Entered: 12/14/2018)
2018-12-144PRISONER AUTHORIZATION by Pasquale Stiso allowing prison to submit copy of prisoner's trust fund account to the court, and approving the entire filing fee to be deducted from prisoner inmate account.. (ep) (Entered: 12/14/2018)
2018-12-145U.S. MARSHAL - 285, AO 398 and AO 399 Service Forms Completed by Plaintiff. (ep) (Entered: 12/14/2018)
2018-12-146PRO SE LETTER and STANDING PRACTICE ORDER issued; (Attachments: # 1 Notice and Consent Form)(ep) (Entered: 12/14/2018)
2019-02-067ORDER DIRECTING U.S. MARSHAL TO SERVE SUMMONS AND COMPLAINT and granting 2 Motion for Leave to Proceed in forma pauperis. The complaint is deemed filed. Signed by Magistrate Judge Susan E. Schwab on 2/6/2019. (ktt) (Entered: 02/06/2019)
2019-02-068Summons Issued as to Federal Bureau of Investigations, United States Department Of Justice and provided TO U.S. MARSHAL for service on Defendant(s)in the manner prescribed by Rule 4 of the Federal Rules of Civil Procedure. (NOTICE TO ATTORNEYS RECEIVING THE SUMMONS ELECTRONICALLY: You must print the summons and the attachment when you receive it in your e-mail and serve them with the complaint on all defendants in the manner prescribed by Rule 4 of the Federal Rules of Civil Procedure). (ktt) (Entered: 02/06/2019)
2019-03-089SUMMONS Returned Executed Federal Bureau of Investigations via US ATTY served on 3/7/2019, answer due 5/6/2019; United States Department Of Justice via US ATTY served on 3/7/2019, answer due 5/6/2019. (ep) (Entered: 03/08/2019)
2019-04-1510Defendants' ANSWER to Complaint by Federal Bureau of Investigations, United States Department Of Justice.(Simpson, D.) (Entered: 04/15/2019)
2019-04-1611CASE MANAGEMENT ORDER - IT IS ORDERED that the following case management deadlines will govern this case: Close of Fact Discovery due by 10/18/2019. Dispositive Motions due by 11/8/2019. SEE ORDER FOR COMPLETE DETAILS. Signed by Magistrate Judge Susan E. Schwab on 4/16/2019. (ktt) (Entered: 04/16/2019)
2019-05-3012Mail (Doc. 11) sent to Pasquale Stiso returned - refused - unable to forward. (dmn) (Entered: 05/30/2019)
2019-10-2113MOTION for Extension of Time to Complete Discovery by Pasquale Stiso.(ep) (Entered: 10/21/2019)
2019-10-2314AMENDED CASE MANAGEMENT ORDER - IT IS ORDERED that the plaintiff's motion for extension of the discovery deadline 13 is GRANTED. Close of Fact Discovery due by 2/17/2020. Dispositive Motions due by 3/9/2020. Signed by Magistrate Judge Susan E. Schwab on 10/23/2019. (ktt) (Entered: 10/23/2019)
2019-11-2915NOTICE of Change of Address by Pasquale Stiso (ep) (Entered: 11/29/2019)
2020-02-2816MOTION to Stay Plaintiff's FOIA Complaint to Permit the Government Sufficient Time to Process Plaintiff's FOIA Request by United States Department Of Justice. (Attachments: # 1 Proposed Order, # 2 Certificate of Concurrence)(Simpson, D.) (Entered: 02/28/2020)
2020-03-0617ORDER GRANTING defts' unopposed motion 16 to stay pltf's FOIA complaint - all ddls in matter STAYED until 8/31/21 - defts shall provide Court w/ quarterly updates as to FBI's progress in processing Stiso's FOIA request through the pendency of the stay. (See order for complete details.) Signed by Magistrate Judge Susan E. Schwab on 3/6/20. (ki) Modified on 4/30/2020 to correct date in docket text (ki). (Entered: 03/06/2020)
2020-09-0818STATUS REPORT by United States Department Of Justice. (Simpson, D.) (Entered: 09/08/2020)
2021-03-1019STATUS REPORT by United States Department Of Justice. (Simpson, D.) (Entered: 03/10/2021)
2021-03-1020ORDER TO SHOW CAUSE directing pltf to show cause as to why he has not paid the $70.00 processing fees in this matter & to respond to this order, or remit the necessary processing fees, on or before 3/26/2021. (See order for complete details.) Signed by Magistrate Judge Susan E. Schwab on 3/10/21. (ki) (Entered: 03/10/2021)
2021-03-22DOCKET ANNOTATION: Took payment over the phone for the remaining $70.00 for processing fees, credit card will not be run until Thursday, March 25th. (ibr) (Entered: 03/22/2021)
2021-03-2421STATUS REPORT by United States Department Of Justice. (Simpson, D.) (Entered: 03/24/2021)
2021-03-24DOCKET ANNOTATION: Pursuant to the Court's notification that the $70 payment should not have been made to U.S. District Court, Mr. Stiso was contacted and told that we will not process his $70 payment and his credit card information has been shredded. (sc) (Entered: 03/24/2021)
2021-03-2522NOTICE of Change of Address by Pasquale Stiso (ep) (Entered: 03/25/2021)
2021-06-0423STATUS REPORT by United States Department Of Justice. (Simpson, D.) (Entered: 06/04/2021)
2021-06-0424ORDER - IT IS ORDERED that the parties shall confer regarding the issues in this case and shall file a status report on July 9, 2021. Signed by Magistrate Judge Susan E. Schwab on 6/4/21. (rw) (Entered: 06/04/2021)
2021-06-3025STATUS REPORT & Joint Proposed Briefing Schedule by United States Department Of Justice. (Simpson, D.) (Entered: 06/30/2021)
2021-07-0226ORDER re: status report & joint request 25 re: briefing on remaining issue - Gov't shall file its dispositive motion & supp'ng br by 8/23/2021; Pltf shall file cross-motion &/or opp brief by 9/24/21; Gov't shall file its reply brief by 10/11/2021. (See order for complete details.) Signed by Magistrate Judge Susan E. Schwab on 7/2/21. (ki) (Entered: 07/02/2021)
2021-08-2327MOTION to Amend/Correct Briefing Schedule by United States Department Of Justice. (Attachments: # 1 Certificate of Concurrence, # 2 Proposed Order)(Simpson, D.) (Entered: 08/23/2021)
2021-08-2328ORDER granting United States' motion 27 to amend briefing schedule - Gov't to file its dispositive motion & supp'ng br by 8/30/21, Pltf shall file his cross-motion &/or opp br by 10/1/21 & Gov't to file reply br by 10/11/21. (See order for complete details.) Signed by Magistrate Judge Susan E. Schwab on 8/23/21. (ki) (Entered: 08/23/2021)
2021-08-3029MOTION to Dismiss Or In the Alternative, for Summary Judgment by Federal Bureau of Investigations, United States Department Of Justice. (Attachments: # 1 Proposed Order)(Simpson, D.) (Entered: 08/30/2021)
2021-08-3030BRIEF IN SUPPORT re 29 MOTION to Dismiss Or In the Alternative, for Summary Judgment filed by Federal Bureau of Investigations, United States Department Of Justice. (Attachments: # 1 Declaration of Michael G. Seidel)(Simpson, D.) (Entered: 08/30/2021)
2021-08-3031ORDER directing to file br in opp to defts' MTD 29 by 9/13/2021 & permitting defts to file reply br. (See order for complete details.) Signed by Magistrate Judge Susan E. Schwab on 8/30/21. (ki) (Entered: 08/30/2021)
2021-10-0732MOTION to Stay "adjournment" by Pasquale Stiso.(sm) (Entered: 10/07/2021)
2021-10-1333ORDER construing pltf's motion 32 "to stay adjournment" as a request for ext of time to file br in opp to defts' MTD 29 & granting same w/ pltf to file br in opp by 11/15/2021. (See order for complete details.) Signed by Magistrate Judge Susan E. Schwab on 10/13/21. (ki) (Entered: 10/13/2021)
2022-05-3134ORDER TO SHOW CAUSE directing pltf to show cause by 6/28/2022 why action should not be dismissed pursuant to FRCP 41(b) - if pltf fails to do so, we will deem him to have abandoned this lawsuit & will recommend that case be dismissed. (See order for complete details.) Signed by Magistrate Judge Susan E. Schwab on 5/31/22. (ki) (Entered: 05/31/2022)
2022-06-2935REPORT AND RECOMMENDATION re: Complaint 1 - We recommend that the court dismiss this action in accordance with Fed. R. Civ. P. 41(b). (See order for complete details.) Objections to R&R due by 7/13/2022 Signed by Magistrate Judge Susan E. Schwab on 6/29/22. (ki) (Entered: 06/29/2022)
2022-07-1536ORDER ADOPTING (Doc. 12) REPORT AND RECOMMENDATIONS. Plaintiff's Complaint is DISMISSED pursuant to Federal Rule of Civil Procedure 41(b). Clerk of Court directed to CLOSE THIS CASE. Signed by Honorable Robert D. Mariani on 7/15/22. (jam) (Entered: 07/15/2022)
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