Biron v. George, No. 21-3307, 2023 WL 1765175 (D.D.C. Feb. 3, 2023) (Kollar-Kotelly, J.)

Biron v. George, No. 21-3307, 2023 WL 1765175 (D.D.C. Feb. 3, 2023) (Kollar-Kotelly, J.)

Re:  FOIA lawsuit filed in Superior Court of the District of Columbia, alleging violations of FOIA concerning failure to disclose certain records in prison law library

Disposition:  Dismissing case without prejudice

• Litigation Considerations, Jurisdiction:  “[The] Court must assess its jurisdiction by asking whether D.C. Superior Court possessed subject-matter jurisdiction at the time of removal.”  The court finds that “[b]oth the FOIA and the Privacy Act confer jurisdiction exclusively in the federal courts . . . .”  “Because D.C. Superior Court ‘never acquired jurisdiction over either the subject matter [Privacy Act violations] or the [BOP] as a United States agency,’ . . . [the] Court can acquire none from the removal . . . .”  “Consequently, this case will be dismissed without prejudice to preserve plaintiff’s ability to file an original action in an appropriate federal court.”