Cheng v. DOJ, No. 23-3983, 2024 WL 1178986 (S.D.N.Y. Mar. 19, 2024) (Torres, J.)

Cheng v. DOJ, No. 23-3983, 2024 WL 1178986 (S.D.N.Y. Mar. 19, 2024) (Torres, J.)

Re:  Request for “all unclassified documents that former President Donald J. Trump took to his Mar-a-Lago residence from the White House”

Disposition:  Adopting magistrate judge’s report and recommendation; denying defendant’s motion to dismiss case as moot

• Litigation Considerations:  The court relates that “[t]he Government moves to dismiss the case as moot, contending that Plaintiff has conceded that the Federal Bureau of Investigation properly withheld the requested records pursuant to 5 U.S.C. § 552(b)(7)(A).”  “[T]he Court referred the motion to [a] Magistrate Judge . . . for a report and recommendation.”  “After careful consideration, [the magistrate judge] issued a Report and Recommendation (the “R&R”), recommending that the Government’s motion be denied.”  “Despite notification of the right to object to the R&R, no objections were filed, and the time to do so has passed.”  “When no objection is made, the Court reviews the R&R for clear error.”  “The Court finds no clear error.”  “Accordingly, the Court adopts [the magistrate judge’s] R&R in its entirety.”