Clervrain v. U.S., No. 17-3194, 2017 WL 6209391 (D. Kan. Dec. 8, 2017) (Crow, S.D.J.)

Clervrain v. U.S., No. 17-3194, 2017 WL 6209391 (D. Kan. Dec. 8, 2017) (Crow, S.D.J.)

Re: Plaintiff's challenge to BOP's aggregation of plaintiff's FOIA requests, as well as to BOP's fee waiver determination

Disposition: Finding that plaintiff's aggregation claim can proceed, but also ordering plaintiff to show cause why fee waiver claim should not be dismissed

• Litigation Considerations:  First, the court holds that "Plaintiff's FOIA aggregation claim may proceed."  The court explains that "the reasonableness of the BOP's decision to aggregate Plaintiff's separate requests is reviewable[]" and "[i]t appears . . . that [plaintiff] exhausted his administrative remedies on the aggregation issue."  Second, the court finds that "Plaintiff is ordered to show cause why his claim challenging BOP's denial of a FOIA fee waiver should not be dismissed."  "[T]he Court is unable to discern from the complaint and attached exhibits whether BOP has actually denied Plaintiff's waiver request and whether Plaintiff has exhausted his administrative remedies on the fee waiver issue."