Gabor v. United States, No. 16-0780, 2022 WL 3758586 (D.D.C. Aug. 30, 2022) (Cobb, J.)

Gabor v. United States, No. 16-0780, 2022 WL 3758586 (D.D.C. Aug. 30, 2022) (Cobb, J.)

Re:  Request for records concerning plaintiff’s criminal case

Disposition:  Dismissing case for failure to prosecute

• Litigation Considerations:  “The Court . . . dismisses this case for failure to prosecute.”  The court relates that “[t]he parties litigated the issue for more than two years before the Government ultimately retracted its exemption argument.”  “The Government began processing materials identified as potentially responsive in December 2018 and continued to do so for the next four years.”  “In April 2022, the Government sent [plaintiff] a letter asking if he had any challenges to the FBI’s search and processing of the records.”  “[Plaintiff] did not respond to the letter.”  The court finds that “[plaintiff’s] absence and non-compliance satisfy the high standard for failure to prosecute.”  “[Plaintiff] has not submitted any docket entry for more than three years and the record reflects that he has failed to respond to multiple requests from Defendant for clarification.”  “[The] Court twice ordered Gabor to respond to Defendant, but neither order elicited a response.”