Barringer v. EOUSA, No. 22-1387, 2023 WL 4027490 (D.D.C. June 15, 2023) (Walton, J.)

Barringer v. EOUSA, No. 22-1387, 2023 WL 4027490 (D.D.C. June 15, 2023) (Walton, J.)

Re:  Request for records concerning plaintiff’s custody

Disposition:  Granting defendant’s motion to dismiss

• Litigation Considerations, Mootness and Other Grounds for Dismissal:  The court relates that “plaintiff agrees that the defendant responded properly to his FOIA request and that the FOIA claim is moot.”  The court relates that “[i]n his response, . . . the plaintiff claims for the first time that he ‘is being held in prison under a criminal case which is no longer valid, and/or pardoned, expunged or vacated and/or satisfied’ and that this Court should order his immediate release from Florida’s custody.”  “[T]he Court notes that the plaintiff’s new claim is the province of habeas corpus relief and therefore the proper respondent is his warden in Florida, not the defendant in this FOIA case.”