Monday, November 19, 2018
Charles v. DOJ, No. 17-2250, 2018 WL 6043122 (M.D. Pa. Nov. 19, 2018) (Rambo, J.)
Re: Request for records concerning incident in prison facility involving plaintiff
Disposition: Dismissing action for failure to prosecute
- Litigation Considerations: "[T]he Court will dismiss this action pursuant to Federal Rule of Civil Procedure 41(b) for [plaintiff's] failure to prosecute." The court finds that, "[t]o date, [plaintiff] has failed to file an oppositional brief or update his address." "The Court finds that the agency has met its burden by submitting reasonably detailed affidavits describing the methods of searching and that the searched records were likely to contain the responsive documents." "Moreover, the agency affidavits asserting withholdings pursuant to the FOIA exemptions describe the documents and justifications for nondisclosure with reasonably specific detail, demonstrate that the information withheld logically falls within the claimed exemption, and has not been controverted by contrary evidence in the record nor evidenced by agency bad faith." "Additionally, the Court finds that the BOP does not have the ability to blur, black-out, or edit images on the requested DVD, and therefore, is unable to provide [plaintiff] with the DVD in a redacted format."
Updated February 1, 2019