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Case TitlePianka v. USCIS
DistrictDistrict of Arizona
CityPhoenix Division
Case Number2:2016cv01881
Date Filed2016-06-10
Date Closed2017-06-07
JudgeJudge David G Campbell
PlaintiffVictor Pianka
Case DescriptionVictor Pianka, who was being held at Eloy Detention Center, submitted a FOIA request to U.S. Citizenship and Immigration Services concerning his detention. The agency redacted personally identifying information under Exemption 6 (invasion of privacy). Pianka does not indicate that he submitted an administrative appeal. Nevertheless, he filed suit.
Complaint issues: Failure to respond within statutory time limit

DefendantU.S. Citizenship and Immigration Services named as U.S.C.I.S.
Documents
Docket
Complaint
Complaint attachment 1
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2016-06-101COMPLAINT for WRIT OF MANDAMUS filed by Victor Pianka. (15 pages) (Attachments: # 1 envelope)(EJA) (Entered: 06/13/2016)
2016-06-102APPLICATION for Leave to Proceed In Forma Pauperis by Victor Pianka. (5 pages) (EJA) (Entered: 06/13/2016)
2016-06-103NOTICE OF ASSIGNMENT: (EJA) (Entered: 06/13/2016)
2016-07-014ORDER (Service Packet): Plaintiff's Application to Proceed In Forma Pauperis 2 is granted; Plaintiff's Complaint 1 will be dismissed insofar as it seeks to compel the production of information that was not sought in Plaintiff's FOIA request; Defendant United States Citizenship and Immigration Services must answer Plaintiff's claim regarding its refusal to disclose the information sought in Plaintiff's FOIA request; the Clerk must send Plaintiff a service packet including the Complaint 1 , this Order, and summons forms for Defendant United States Citizenship and Immigration Services; Plaintiff must complete and return the service packet to the Clerk within 21 days; this matter is referred to Magistrate Judge Michelle H Burns for all pretrial proceedings. Signed by Judge David G Campbell on 6/30/16. (REW) (Entered: 07/01/2016)
2016-08-045MOTION for Extension of Time for the mailing of papers to be served by Victor Pianka. (3 pages) (REW) (Entered: 08/08/2016)
2016-08-186ORDER: granting Plaintiff's 5 Motion for Extension of Time; Plaintiff must properly complete and return the service packet to the within 21 days. Signed by Magistrate Judge Michelle H Burns on 8/17/16.(REW) (Entered: 08/18/2016)
2016-09-157*SERVICE EXECUTED: Certified Mail Receipt re: Summons upon USCIS Jill Eggleston/U.S. District Attorney, District of Arizona on 8/30/16. (EJA) *Modified to correct file date on 10/6/2016 (DXD). (Entered: 09/19/2016)
2016-09-158SERVICE EXECUTED : Certified Mail Receipt re: Summons upon USCIS Jill Eggleston/U.S. Department of Justice on 9/1/16. (EJA) (Entered: 09/19/2016)
2016-09-167SERVICE EXECUTED: Certified Mail Receipt re: Summons upon USCIS Jill Eggleston/U.S. District Attorney, District of Arizona on 8/30/16. (EJA) (Entered: 09/19/2016)
2016-09-209SERVICE EXECUTED : USMS Process Receipt and Return re: Summons and Complaint, via Certified Mail, upon USCIS Jill A Eggleston, US DHS NRC on 8/31/16. (REW) (Entered: 09/21/2016)
2016-09-2710First MOTION for Extension of Time to File Answer re: 1 Writ of Mandamus by U.S. Citizenship and Immigration Services. (Attachments: # 1 Text of Proposed Order)(Branch, Katherine) (Entered: 09/27/2016)
2016-09-2911ORDER granting 10 Motion for Extension of Time to Answer. U.S. Citizenship and Immigration Services answer due 10/24/2016. Signed by Magistrate Judge Michelle H Burns on 9/28/16. (LAD) (Entered: 09/29/2016)
2016-10-2412MOTION for Summary Judgment by U.S. Citizenship and Immigration Services. (Branch, Katherine) (Entered: 10/24/2016)
2016-10-2413STATEMENT OF FACTS re: 12 MOTION for Summary Judgment by Defendant U.S. Citizenship and Immigration Services. (Attachments: # 1 Exhibit)(Branch, Katherine) (Entered: 10/24/2016)
2016-10-2614ORDER - IT IS ORDERED that Plaintiff must file responses to Defendants' motions for summary judgment (Doc. 12 ), together with a separate statement of facts and supporting affidavits or other appropriate exhibits, no later than November 28, 2016. IT IS FURTHER ORDERED that Defendant may file a reply within 15 days after service of Plaintiff's response. (See document for further details). Signed by Magistrate Judge Michelle H Burns on 10/25/16. (LAD) (Entered: 10/26/2016)
2016-11-2315MOTION for Extension of Time to File Response/Opposition as to 12 MOTION for Summary Judgment by Victor Pianka. (REW) (Entered: 11/28/2016)
2016-11-3016ORDER: IT IS ORDERED granting Plaintiff' request for an extension of time (Doc. 15 ); IT IS FURTHER ORDERED that Plaintiff must file a response to Defendant's motion for summary judgment, together with a separate statement of facts and supporting affidavits or other appropriate exhibits, no later than December 28, 2016; Defendant may file a reply within 15 days after service of Plaintiff's response. Signed by Magistrate Judge Michelle H Burns on 11/29/2016. (REK) (Entered: 11/30/2016)
2016-12-2917MOTION for Extension of Time to File Response/Opposition as to 12 MOTION for Summary Judgment by Victor Pianka. (6 pages) (EJA) (Entered: 12/29/2016)
2017-01-0418ORDER granting Plaintiff's 17 Motion for Extension of Time to File Response. FURTHER ORDERED that Plaintiff must file a response to Defendant's 12 motion for summary judgment, together with a separate statement of facts and supporting affidavits or other appropriate exhibits, no later than January 30, 2017. Signed by Magistrate Judge Michelle H Burns on 01/03/2017. (ATD) (Entered: 01/04/2017)
2017-02-0319Third MOTION for Extension of Time to File Response/Reply as to 12 MOTION for Summary Judgment (6 pages)(REW) (Entered: 02/03/2017)
2017-02-0620ORDER granting Plaintiff's request 19 . Plaintiff is cautioned that, any further extension requests will require a showing of good cause, supported by sufficient facts that demonstrate the exercise of due diligence. ORDERED that Plaintiff must file a response to Defendant's motion for summary judgment, together with a separate statement of facts and supporting affidavits or other appropriate exhibits, no later than March 2, 2017. Signed by Magistrate Judge Michelle H Burns on 2/6/17.(EJA) (Entered: 02/06/2017)
2017-03-0621Fourth MOTION for Extension of Time to File Response as to 12 MOTION for Summary Judgment by Victor Pianka. (5 pages) (REW) (Entered: 03/08/2017)
2017-03-0922ORDER: granting Plaintiff's Motion for Extension of Time to File Response 21 , Plaintiff must file a response to Defendant's motion for summary judgment no later than 4/2/17; Defendant may file a reply within 15 days after service of Plaintiff's response. Signed by Magistrate Judge Michelle H Burns on 3/9/17. (REW) (Entered: 03/09/2017)
2017-04-0623RESPONSE to Motion re: 12 MOTION for Summary Judgment filed by Victor Pianka. Styled as: Opposition to Motion to Dismiss. (10 pages) (KAS) (Entered: 04/06/2017)
2017-04-0624STATEMENT OF FACTS re: 23 Response to Motion for Summary Judgment/Opposition to Motion to Dismiss by Plaintiff Victor Pianka. (1 page) (KAS) (Entered: 04/06/2017)
2017-04-2125REPLY to Response to Motion re: 12 MOTION for Summary Judgment filed by U.S. Citizenship and Immigration Services. (Branch, Katherine) (Entered: 04/21/2017)
2017-06-0726ORDER: The reference to the Magistrate Judge is withdrawn as to Defendant's Motion for Summary Judgment (Doc. 12 ). Defendant's Motion for Summary Judgment (Doc. 12 ) is granted, and the action is terminated with prejudice. The Clerk of Court must enter judgment accordingly. Signed by Judge David G Campbell on 6/7/17.(EJA) (Entered: 06/07/2017)
2017-06-0727CLERK'S JUDGMENT - IT IS ORDERED AND ADJUDGED that, pursuant to the Court's Order filed June 7, 2017, which granted the Motion for Summary Judgment, judgment is entered in favor of defendant and against plaintiff. Plaintiff to take nothing, and the complaint and action are dismissed with prejudice. (EJA) (Entered: 06/07/2017)
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by FOIA Project Staff
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