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Ex rel. Griffin, No. 24-1746, 2024 WL 4601676 (4th Cir. Oct. 29, 2024) (per curiam)

Date

Ex rel. Griffin, No. 24-1746, 2024 WL 4601676 (4th Cir. Oct. 29, 2024) (per curiam)

Re:  Request for records concerning requester

Disposition:  Denying requester’s petitions for declaratory relief and writ of mandamus

  • Litigation Considerations, Relief:  The Court of Appeals for the Fourth Circuit relates that “[the requester], proceeding pro se, petitions for declaratory relief, a writ of mandamus seeking an order directing Defendants to comply with his request under the [FOIA] and review of the magistrate judge’s recommendation that [the requester’s] civil action be dismissed.”  “[The court] conclude[s] that [the requester] is not entitled to mandamus relief and that his other requests are untimely.”  “The relief sought by [the requester] is available through an appeal.”  “Accordingly, [the court] den[ies] the petition for writ of mandamus.”  “[The requester] also petitioned this court for declaratory relief and review of the magistrate judge’s recommendation to dismiss his case.”  “This petition was untimely filed.”  “A party cannot appeal from a magistrate judge’s report and recommendation because it is not a final order.”  “In this case, the District Court entered its order adopting the magistrate judge’s report and recommendation on September 24, 2024, which was after [the requester] filed his petition.”
Court Decision Topic(s)
Court of Appeals opinions
Litigation Considerations, Relief
Updated December 12, 2024