Case Detail

FOIA Project Annotation: Judge Beryl Howell has ruled that the FBI conducted an adequate search for records related to a search warrant that formed the basis for the arrest and conviction of Donald Paxson. Paxson requested the records and after a search of its Central Records System, the FBI indicated that it found no records. Paxson argued the records must have existed at some point, but Howell noted that "the mere fact that an agency's search failed to uncover a document that should or did exist is simply not enough to establish an inadequate search. . .[E]ven assuming arguendo that the plaintiff's incarceration 'proves' that a responsive search warrant existed 'at some point,' that 'does not mean that [the search warrant] remain[s] in the [defendants'] custody today or that the [defendants] had a duty under FOIA to retain the record.'" Paxson contended that a reference in records the agency found through a cross-reference search that it released even though it deemed them non-responsive indicated that Immigration and Customs Enforcement was involved and that agency should also have been searched. But Howell pointed out that "even if ICE had some involvement in the investigation of the plaintiff, this does not undermine the adequacy of the search undertaken by the defendants. Given the thoroughness of the defendants' search across the CRS, including in cross-referenced files, nothing in this reference to ICE suggests that the defendants held responsive records that would have warranted or triggered a referral to another agency."
Issues: Adequacy - Search

Date Filed	Doc #	Docket Text
2013-04-29	1	COMPLAINT against All Defendants (Filing fee $ 0.00) filed by DONALD L PAXSON. (Attachments: # 1 Civil Cover Sheet)(zrj, ) (Entered: 04/30/2013)
2013-04-29	2	MOTION for Leave to Proceed in forma pauperis by DONALD L PAXSON. (zrj, ) (Entered: 04/30/2013)
2013-04-29	3	ORDER directing that within (30) days of this Order, the plaintiff shall provide the information described above. Failure to comply with this Order will result in dismissal of this action. SO ORDERED. Signed by Judge James E. Boasberg on 04/19/2013. (zrj, ) (Entered: 04/30/2013)
2013-05-29		Filing fee: $ 350.00, receipt number 4616056689 (ls, ) (Entered: 06/03/2013)
2013-05-29	4	Case Reassigned to Judge Beryl A. Howell. Unassigned no longer assigned to the case. (ls, ) Modified on 6/5/2013 (rdj). (Entered: 06/04/2013)
2013-06-04		SUMMONS (4) Issued as to FEDERAL BUREAU OF INVESTIGATION, UNITED STATES DEPARTMENT OF JUSTICE, U.S. Attorney and U.S. Attorney General (rdj) (Entered: 06/05/2013)
2013-06-11	5	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES DEPARTMENT OF JUSTICE served on 6/10/2013, RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 06/10/2013. (rdj) (Entered: 06/12/2013)
2013-07-01	6	STANDING ORDER. Signed by Judge Beryl A. Howell on July 1, 2013. (lcbah1) (Entered: 07/01/2013)
2013-07-01		MINUTE ORDER (paperless) Upon consideration of the fact that the plaintiff has paid the filing fee in this action, as denoted by the Clerk on May 29, 2013 (receipt number 4616056689), the Court hereby DENIES the plaintiff's 2 Motion for Leave to Proceed In Forma Pauperis. Signed by Judge Beryl A. Howell on July 1, 2013. (lcbah1) (Entered: 07/01/2013)
2013-07-02	7	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 7/1/2013. Answer due for ALL FEDERAL DEFENDANTS by 7/31/2013. (rdj) (Entered: 07/03/2013)
2013-07-10	8	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. FEDERAL BUREAU OF INVESTIGATION served on 7/10/2013 (rdj) (Entered: 07/11/2013)
2013-07-31	9	NOTICE of Appearance by Peter Rolf Maier on behalf of FEDERAL BUREAU OF INVESTIGATION, UNITED STATES DEPARTMENT OF JUSTICE (Maier, Peter) (Entered: 07/31/2013)
2013-07-31	10	MOTION for Extension of Time to File Answer by FEDERAL BUREAU OF INVESTIGATION, UNITED STATES DEPARTMENT OF JUSTICE (Maier, Peter) (Entered: 07/31/2013)
2013-08-01		MINUTE ORDER (paperless) granting nunc pro tunc 10 Motion for Extension of Time in Which to Respond to Complaint. The defendants shall, on or before August 30, 2013, answer or otherwise respond to the 1 Complaint. Signed by Judge Beryl A. Howell on August 1, 2013. (lcbah1) (Entered: 08/01/2013)
2013-08-01		Set/Reset Deadlines: Answer to the Complaint due by 8/30/2013. (tg, ) (Entered: 08/01/2013)
2013-08-30	11	MOTION for Extension of Time to File Answer by FEDERAL BUREAU OF INVESTIGATION, UNITED STATES DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Maier, Peter) (Entered: 08/30/2013)
2013-08-30		MINUTE ORDER (paperless) GRANTING the defendants' 11 Motion for Extension of Time to File Answer for good cause shown. The defendants shall, by September 13, 2013, file any responsive pleading to the plaintiff's 1 Complaint. Signed by Judge Beryl A. Howell on August 30, 2013. (lcbah1) (Entered: 08/30/2013)
2013-08-30		Set/Reset Deadlines: Answer to the Complaint due by 9/13/2013. (tg, ) (Entered: 08/30/2013)
2013-09-13	12	MOTION for Summary Judgment by FEDERAL BUREAU OF INVESTIGATION, UNITED STATES DEPARTMENT OF JUSTICE (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order, # 3 Declaration, # 4 Statement of Facts)(Maier, Peter) (Entered: 09/13/2013)
2013-10-02	13	ORDER advising the plaintiff to respond to the defendant's 12 Motion for Summary Judgment or the Court may deem the matter as conceded. The plaintiff shall file, by November 1, 2013, any opposition to the defendant's 12 Motion for Summary Judgment. Signed by Judge Beryl A. Howell on October 2, 2013. (lcbah1) (Entered: 10/02/2013)
2013-10-02		Set/Reset Deadlines: Opposition, if any, to Motion for Summary Judgment due by 11/1/2013. (tg, ) (Entered: 10/02/2013)
2013-10-28	14	Memorandum in opposition to re 12 MOTION for Summary Judgment filed by DONALD L PAXSON. (rdj) (Entered: 10/30/2013)
2013-10-31	15	REPLY to opposition to motion re 12 MOTION for Summary Judgment filed by FEDERAL BUREAU OF INVESTIGATION, UNITED STATES DEPARTMENT OF JUSTICE. (Maier, Peter) (Entered: 10/31/2013)
2014-05-14	16	MEMORANDUM OPINION regarding the defendants' 12 Motion for Summary Judgment.Signed by Judge Beryl A. Howell on May 14, 2014. (lcbah3) (Entered: 05/14/2014)
2014-05-14	17	ORDER GRANTING the defendants' 12 Motion for Summary Judgment. The Clerk of the Court is directed to close the case. See Order for further details. Signed by Judge Beryl A. Howell on May 14, 2014. (lcbah3) (Entered: 05/14/2014)
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