Davidson v. BOP, No. 15-351, 2017 WL 1217168 (E.D. Ky. Mar. 31, 2017)
Date
Davidson v. BOP, No. 15-351, 2017 WL 1217168 (E.D. Ky. Mar. 31, 2017)
Re: Request for records concerning how defendant administers certain trust funds
Disposition: Granting defendant's motion to dismiss
- Litigation Considerations, Discovery: The court holds that "a continuance for discovery is not necessary to respond to purely legal arguments where the controlling facts are not in dispute." The court finds that "[e]ven if these documents do exist, they would not be required for [plaintiff] to respond to the BOP's motion, because the contents of these documents would not make it any more or less likely that he exhausted his administrative remedies under FOIA or that the BOP's search conducted at his behest was not reasonable."
- Litigation Considerations, Exhaustion of Administrative Remedies: "The Court will . . . dismiss [plaintiff's] FOIA claim for failure to exhaust administrative remedies." The court finds that, "[a]part from asserting as a factual matter that he mailed a timely FOIA appeal, [plaintiff] makes no legal argument in opposition to the BOP's motion, and does not contest the affidavit of OIP's officer that it never received his appeal." "The plaintiff in a FOIA action bears the burden of demonstrating not merely that he mailed a request, but that the agency actually received it."
Court Decision Topic(s)
District Court opinions
Litigation Considerations, Discovery
Litigation Considerations, Exhaustion of Administrative Remedies
Updated December 15, 2021