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