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Donoghue v. Newcombe, No. 20-2736, 2020 WL 5982887 (D. Md. Oct. 8, 2020) (Blake, J.)

Date

Donoghue v. Newcombe, No. 20-2736, 2020 WL 5982887 (D. Md. Oct. 8, 2020) (Blake, J.)

Re:  Request for records concerning plaintiff's criminal sentencing

Disposition:  Dismissing without prejudice several of plaintiff's claims; ordering plaintiff to file amended complaint

  • Litigation Considerations, Mootness and Other Grounds for Dismissal:  The court holds that "[t]he matters concerning the FBI's response to [plaintiff's] FOIA request to that agency have already been adjudicated."  "The doctrine of res judicata precludes the assertion of a claim after a judgment on the merits in a prior suit by the same parties on the same cause of action."
     
  • Litigation Considerations, Jurisdiction:  The court relates that [plaintiff] has filed this lawsuit in this court because the National Archives and Records Administration is located in Maryland."  "Jurisdiction over the remaining claims against the long list of agencies from which he has sought records, none of which is located in Maryland, is not clearly discernible from the pleadings filed."  "This court is thus inclined to dismiss without prejudice all of the claims pertaining to agencies other than the claim against the National Archives and Records Administration."  "In light of the deficiencies noted with [plaintiff's] complaint and the fact that a majority of the claims must be dismissed, he will be required to file an amended complaint that concerns only his FOIA claim against the National Archives and Records Administration."
Court Decision Topic(s)
District Court opinions
Litigation Considerations, Jurisdiction
Litigation Considerations, Mootness and Other Grounds for Dismissal
Updated November 6, 2020