Case Detail

FOIA Project Annotation: A federal court in Alabama has ruled that the Justice Department properly declined to resolve prisoner Mistrell Alvin's administrative appeal because it arrived at OIP four days after the 60-day deadline for filing an appeal. The court also rejected Alvin's contention that the prison mailbox ruleâ€"assuming that a prisoner's letter has been posted once it is given to prison officials to be mailedâ€"applied to his appeal letter. Although the court agreed that DOJ's Office of Enforcement Operations' response to Alvin was not initially received because it did not include his prisoner number, the fact that Alvin received the response with 30 days remaining in which to file an appeal did not excuse him from missing the deadline. Alvin argued that he mailed his appeal on January 30, 2013, days before the due date of February 4, 2013, but the court observed that "he has not provided this court with a single fact that would show why he was unable to place his appeal letter in the mail prior to January 30, 2013." The court indicated that it found no Supreme Court or Eleventh Circuit cases extending the prison mailbox rule to FOIA appeals. The court noted that "because the Eleventh Circuit, like several other circuits, has failed to extend the prison mailbox rule to FOIA administrative appeals, Mr. Alvin's objection in favor of the rule's extension is due to be overruled."
Issues: Litigation - Jurisdiction - Failure to Exhaust

Date Filed	Doc #	Docket Text
2014-03-03	1	(STRICKEN as erroneous docket entry) Inmate 1983 COMPLAINT against Electronic Surveillance Unit, Office of Enforcement Operations, Office of Information Policy, United States Department of Justice, filed by Mistrell Alvin. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G)(NO IFP; NO FILING FEE)(kh, ) Modified on 3/7/2014 (qc/djy, ). (Entered: 03/04/2014)
2014-03-03		COMPLAINT against Electronic Surveillance Unit, Office of Enforcement Operations, Office of Information Policy, United States Department of Justice, filed by Mistrell Alvin. (NO PDF document attached to this notice-See Docket entry 1 , no IFP nor fee received).(djy, ) (Entered: 03/06/2014)
2014-03-10	2	ORDER directing that, pursuant to 28 U.S.C. 636(b)(1), this case is referred to United States Magistrate Judge Terry F. Moorer, for all pretrial proceedings and entry of any orders or recommendations as may be appropriate. Signed by Honorable Judge Mark E. Fuller on 3/10/14. (djy, ) (Entered: 03/10/2014)
2014-04-09	3	MOTION for Leave to Proceed in forma pauperis by Mistrell Alvin. (Attachments: # 1 Affidavit)(wcl, ) (Entered: 04/09/2014)
2014-04-09	4	(STRICKEN AS AN ERRONEOUS DOCKET ENTRY DUE TO CLERICAL ERROR) MOTION for Leave to Proceed in forma pauperis by Mistrell Alvin. (Attachments: # 1 Affidavit)(wcl, ) Modified on 4/9/2014 (wcl, ). (Entered: 04/09/2014)
2014-04-09	5	NOTICE of ERROR re 4 MOTION for Leave to Proceed in forma pauperis, which has been STRICKEN as an erroneous docket entry due to clerical error. (No pdf attached to this entry) (wcl, ) (Entered: 04/09/2014)
2014-04-23	6	ORDER granting 3 Motion for Leave to Proceed in forma pauperis, as further set out in order; further ORDERED that this case be STAYED until 5/7/2014 as of which that date the plf is DIRECTED to provide to the Office of the Clerk of the Court mailing addresses for the parties that he names as dfts in this action. Signed by Honorable Judge Terry F. Moorer on 4/23/2014. (wcl, ) (Entered: 04/23/2014)
2014-04-29	7	Response to Order re 6 Order, by Mistrell Alvin. (wcl, ) (Entered: 04/30/2014)
2014-05-07	8	ORDER LIFTING STAY; DIRECTING the Clerk's Office to serve dfts in this action for which plf has provided addresses in his 7 Response. Signed by Honorable Judge Terry F. Moorer on 5/7/2014. (wcl, ) (Entered: 05/07/2014)
2014-05-07	9	Summons Issued as to Electronic Surveillance Unit, Office of Enforcement Operations, Office of Information Policy, United States Department of Justice, U.S. Attorney, and U.S. Attorney General; mailed CMRRR with copy of Complaint. (wcl, ) (Entered: 05/07/2014)
2014-05-09	10	Return Receipt Card showing service of Summons and Complaint signed by Felecia Vinson for US Attorney's Office served on 5/8/2014, answer due 7/7/2014 for Electronic Surveillance Unit, Office of Enforcement Operations, Office of Information Policy and United States Department of Justice. (wcl, ) (Entered: 05/09/2014)
2014-05-16	11	Return Receipt Card showing service of Summons and Complaint signed by Emily S. for United States Department of Justice, Office of Enforcement Operations, Electronic Surveillance Unit, Office of Information Policy, and US Attorney General served on 5/13/2014. (wcl, ) (Entered: 05/16/2014)
2014-06-26	12	MOTION to Consolidate Cases by Electronic Surveillance Unit, Office of Enforcement Operations, Office of Information Policy, United States Department of Justice. (Neeley, Robert) (Entered: 06/26/2014)
2014-06-26	13	Corporate/Conflict Disclosure Statement by Electronic Surveillance Unit, Office of Enforcement Operations, Office of Information Policy, United States Department of Justice. (Neeley, Robert) (Entered: 06/26/2014)
2014-06-26		***Attorney Gray M. Borden added for Electronic Surveillance Unit,Gray M. Borden for Office of Enforcement Operations,Gray M. Borden for Office of Information Policy,Gray M. Borden for United States Department of Justice. (dmn, )(see Doc. 12 for pdf) (Entered: 06/27/2014)
2014-07-02	14	ORDER granting 12 MOTION to Consolidate Cases and that the two cases be consolidated and 2:14-cv-143-MEF-TFM be designated as the lead case; DIRECTING the Clerk to file all future pleadings, orders, etc. only in the lead case, 14-cv-143; Set LEAD Flag. Signed by Honorable Judge Mark E. Fuller on 7/2/2014. (wcl, ) (Entered: 07/02/2014)
2014-07-03	15	ORDERED that the Respondent's time to answer or otherwise file a responsive pleading in the above consolidated case be and hereby is set for 7/7/2014. Signed by Honorable Judge Terry F. Moorer on 7/3/2014. (wcl, ) (Entered: 07/03/2014)
2014-07-03	16	Return Receipt Cards showing service of Order to Show Cause (2:14cv153, Doc 10) signed by Emily S. for US Attorney General and US Department of Justice served on 6/30/2014. (wcl, ) (Entered: 07/03/2014)
2014-07-07	17	MOTION to Dismiss , or In The Alternative, MOTION for Summary Judgment by United States Department of Justice. (Attachments: # 1 Griffith Declaration, # 2 DEX 1 - Plaintiff's FOIA request to DOJ agencies, # 3 DEX 2 - OEO Response, # 4 DEX 3 - Appeal to OIP, # 5 DEX 4 - OIP decision)(Neeley, Robert) (Main Document 17 replaced on 7/8/2014) (wcl, ). Added MOTION for Summary Judgment on 7/8/2014 (wcl, ). Modified on 7/8/2014 to attach a corrected PDF document to include the consolidated case styles and case numbers and to include a corrected certificate of service (wcl, ). (Entered: 07/07/2014)
2014-07-07	18	BRIEF/MEMORANDUM in Support re 17 MOTION To Dismiss , Or In The Alternative, MOTION for Summary Judgment filed by United States Department of Justice. (Neeley, Robert) (Main Document 18 replaced on 7/8/2014) (wcl, ). Modified on 7/8/2014 to attach a corrected PDF document to include the consolidated case styles and case numbers and to include a corrected certificate of service (wcl, ). (Entered: 07/07/2014)
2014-07-08	19	NOTICE of Correction re 17 MOTION to Dismiss , or In The Alternative, MOTION for Summary Judgment, 18 BRIEF/MEMORANDUM in Support, to attach corrected PDF documents to include the consolidated case styles and case numbers and to include corrected certificates of service. (Attachments: # 1 Corrected Main PDF Document to Docket Entry 17 , # 2 Corrected Main PDF Document to Docket Entry 18 )(wcl, ) (Entered: 07/08/2014)
2014-07-14	20	Emergency MOTION for Extension of Time by Mistrell Alvin. (wcl, ) (Entered: 07/14/2014)
2014-07-16	21	ORDER granting 20 Motion for an Extension of Time to file a Response to the Motion to Dismiss, or in the alternative, for Summary Judgment to and including 7/26/2014. Signed by Honorable Judge Terry F. Moorer on 7/16/2014. (wcl, ) (Entered: 07/16/2014)
2014-07-30	22	RESPONSE in Opposition (Traverse) re 17 MOTION to Dismiss , or In The Alternative, MOTION for Summary Judgment by Mistrell Alvin. (Attachments: # 1 Attachments)(wcl, ) (Entered: 07/30/2014)
2014-08-20	23	Case reassigned to Chief Judge William Keith Watkins. Honorable Judge Mark E. Fuller no longer assigned to the case. (djy, ) (Entered: 08/20/2014)
2014-08-25	24	MOTION to Stay and hold plaintiff pending civil actions in abeyance and NOTICE OF CHANGE OF ADDRESS by Mistrell Alvin. (djy, ) (Entered: 08/26/2014)
2014-08-27	25	ORDER TO SHOW CAUSE by defendants' as to why 24 Motion to Stay should not be granted; Show Cause Response due by 9/8/2014; to the extent that the 24 motion may be read to request any other relief from this court, it is ORDERED that the 24 motion be and hereby is DENIED in all other respects. Signed by Honorable Judge Terry F. Moorer on 8/27/14. (djy, ) (Entered: 08/27/2014)
2014-09-08	26	RESPONSE TO ORDER TO SHOW CAUSE by Electronic Surveillance Unit, Executive Office for United States Attorneys, Office of Enforcement Operations, Office of Information Policy, United States Department of Justice re 25 Order to Show Cause,. (Neeley, Robert) (Additional attachment(s) added on 9/8/2014: # 1 Corrected certificate of service) (dmn, ). (Entered: 09/08/2014)
2014-09-10	27	ORDER granting 24 Motion to Stay and to hold pending civil actions in abeyance only to the extent that this action be STAYED pending notification to the court from plaintiff of his new physical and mailing address. Signed by Honorable Judge Terry F. Moorer on 9/10/14. (djy, ) (Entered: 09/10/2014)
2014-09-10	28	NOTICE of Change of Address by Mistrell Alvin (djy, ) (Entered: 09/10/2014)
2014-09-16	29	ORDER directing that the 27 order staying the case pending plf's filing of notice of change of address be and hereby is VACATED and the stay is DISSOLVEDLIFTING STAY. Signed by Honorable Judge Terry F. Moorer on 9/16/14. (djy, ) (Entered: 09/16/2014)
2014-09-24	30	ORDER directing that this action is CONSOLIDATED with Civil Actions 2:14-CV-143-WKW and 2:14-CV-153-WKW; further ORDERED that to facilitate the Clerk of the Courts maintenance of the docket and to prevent the parties' duplicative filing of documents, Civil Action 2:14-CV-143-WKW shall remain the lead case, and all future motions, pleadings, notices, and other filings by the parties must be filed in the lead case; further ORDERED that the Clerk of the Court reassign Terry F. Moorer as the magistrate judge in Civil Action 2:14-CV-964; the undersigned will remain the district judge; the Clerk of the Court is DIRECTED to file this order in both the lead case (i.e., 2:14-CV-143) and the member cases (i.e., 2:14-CV-153 and 2:14-CV-964). Signed by Chief Judge William Keith Watkins on 9/24/14. (scn, ) (Entered: 09/24/2014)
2014-09-26	31	ORDER that Plaintiff's motion to consolidate filed in Civil Action 2:14-CV-964 (Doc. # 2) is DENIED as moot. Signed by Chief Judge William Keith Watkins on 9/26/14. (scn, ) (Entered: 09/26/2014)
2014-09-26	32	MOTION for Leave to Amend Civil Action (filed in 2:14-cv-964), by Mistrell Alvin. (scn, ) (Entered: 09/29/2014)
2015-03-02	33	RECOMMENDATION OF THE MAGISTRATE JUDGE that Dft's 17 Motion to Dismiss or in the alternative for Summary Judgment be GRANTED and that all other pending Motions be DENIED as Moot; Objections to R&R due by 3/16/2015. Signed by Honorable Judge Terry F. Moorer on 3/2/2015. (wcl, ) (Entered: 03/02/2015)
2015-03-16	34	OBJECTION to 33 Magistrate Judge Recommendation by Mistrell Alvin. (wcl, ) (Entered: 03/16/2015)
2015-03-31	35	ORDER denying as moot 32 Motion for Leave to Amend Civil Action. Signed by Chief Judge William Keith Watkins on 3/31/2015. (kh, ) (Entered: 03/31/2015)
2015-04-13	36	MOTION for Reconsideration by Mistrell Alvin. (kh, ). Added MOTION to Clarify on 4/13/2015 (kh, ). (Entered: 04/13/2015)
2015-04-13		MOTION For Correction and Modification of Record by Mistrell Alvin. (no pdf document attached to this entry - see docket entry 36 for pdf)(kh, ) (Entered: 04/13/2015)
2015-05-12	37	MEMORANDUM OPINION AND ORDER: it is ORDERED as follows: 1. Mr. Alvin's 34 Objection is OVERRULED. 2. The 33 Recommendation is ADOPTED. 3. Defendants' 17 motion for summary judgment is GRANTED. 4. Defendants' 17 motion to dismiss is DENIED as moot. 5. Mr. Alvin's 36 Motion for Reconsideration is DENIED as moot. A separate final judgment will be entered. Signed by Chief Judge William Keith Watkins on 5/12/2015. (kh, ) (Entered: 05/12/2015)
2015-05-12	38	FINAL JUDGMENT: it is the ORDER, JUDGMENT, and DECREE that judgment is ENTERED in favor of Defendants the United States Department of Justice, the Office of Enforcement Operations, the Electronic Surveillance Unit, the Department of Justices Office of Information Policy, and the Department of Justice's Executive Office for the United States Attorneys, and against Plaintiff Mistrell Alvin, as further set out in order. The Clerk of the Court is DIRECTED to enter this document on the civil docket as a final judgment pursuant to Rule 58 of the FRCP. Signed by Chief Judge William Keith Watkins on 5/12/2015. (Attachments: # 1 Civil Appeals Checklist)(kh, ) (Entered: 05/12/2015)
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