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Adequacy of Affidavit

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Nance v. FBI, No. 08-1643, 2012 WL 628370 (D.D.C. Feb. 28, 2012) (Roberts, J.). Holding: Dismissing plaintiff's claims to the extent that he failed to demonstrate the he exhausted his administrative remedies with respect to certain requests; and granting the FBI's motion for summary judgment on the grounds that it conducted an adequate search for responsive records. As to plaintiff's challenge regarding the adequacy of defendant's declaration, the court finds that "[b]ecause [the FBI's] declaration contains a detailed explanation of a search reasonably calculated to uncover all relevant information, and [plaintiff] offers no evidence sufficient to contradict this affidavit, [he] fails to establish that [the FBI's] declaration is conclusory." Additionally, the court notes that "[t]he fact that the declaration does not explain how or why the negative control tests and their results are not currently in the FBI's laboratory file does not render them conclusory, as the FBI is not responsible for providing such explanations so long as [it] demonstrate[s] that [it has] conducted an adequate search."

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