Cole, Jr. v. DOJ, No. 21-1049, 2021 WL 4843951 (D.D.C. Oct. 18, 2021) (Chutkan, J.)

Cole, Jr. v. DOJ, No. 21-1049, 2021 WL 4843951 (D.D.C. Oct. 18, 2021) (Chutkan, J.)

Re:  Request for records concerning investigation of "'a Criminal Organization known as the "Junior Black Mafia" and or "J.B.M."' from January 1986 to January 1995"

Disposition:  Granting defendant's motion to dismiss

• Litigation Considerations, Mootness and Other Grounds for Dismissal:  The court relates that, "[c]iting Rule 12(b)(1), Defendants argue that Plaintiff's claims are moot simply because the FBI fulfilled his request for copies of the 100 free pages."  "But [the court finds that] the FBI redacted information from those pages based on FOIA exemptions . . . and 'where the government has released only a portion of the requested documents, the case is moot only with regard to [any unredacted] documents.'"  "Defendants have not described the released pages, much less identified those to which the mootness doctrine may apply."  "Therefore, the motion to dismiss under Rule 12(b)(1) is . . . denied."
   
• Litigation Considerations, Exhaustion of Administrative Remedies:  The court relates that "Plaintiff concedes that he did not appeal the FBI's release determination to OIP."  "He posits that his failure to exhaust is no barrier to review because the agency failed 'to process' his request within twenty business days."  The court finds that "[e]ven if true, 'an administrative appeal is mandatory if,' as here, 'the agency cures its failure to respond within the statutory period by responding to the FOIA request before suit is filed.'"  "The FBI's 'final release' of responsive records more than five years before the filing of this lawsuit undercuts Plaintiff's argument."  "Consequently, dismissal for failure to state a claim is appropriate."