Flete-Garcia v. DOJ, No. 19-1420, 2020 WL 956470 (D.D.C. Feb. 27, 2020) (Moss, J.)

Flete-Garcia v. DOJ, No. 19-1420, 2020 WL 956470 (D.D.C. Feb. 27, 2020) (Moss, J.)

Re:  Request for records concerning plaintiff's criminal conviction

Disposition:  Denying defendant's motion to dismiss; denying plaintiff's motion for preliminary injunction

• Litigation Considerations:  "[Th]he Court will deny Defendant's motion to dismiss."  The court finds that "to the extent the Department moves to dismiss for lack of subject-matter jurisdiction, that motion is denied."  The court relates that "the Department nominally moves to dismiss for lack of subject-matter jurisdiction pursuant to Federal Rule of Civil Procedure 12(b)(1), although the substance of its memorandum does not address subject-matter jurisdiction."  Additionally, the court relates that "the Department nominally moves to dismiss for failure to state a claim pursuant to Federal Rule of Civil Procedure 12(b)(6)."  The court finds that "[a]gain, the Department's memorandum offers no argument on this score."  Finally, the court relates that "[t]he Department also argues that [plaintiff's] motion should be 'dismissed as defective' because he 'failed to satisfy basic requirements to filing,' such as including 'a statement of points and authorities and a proposed order.'"  "Consistent with the mandate to 'construe pro se filings liberally,' the Court denies that motion as well."
   
• Litigation Considerations, Preliminary Injunctions:  "The Court will deny [plaintiff's] motion for preliminary injunction because he has failed to make a clear showing that he will suffer irreparable harm in the absence of preliminary relief."  The court relates that "[plaintiff] argues that he will suffer irreparable harm if the injunction is not granted because '[t]he records are exculpatory in nature' and 'will show that [he] is entitled to relief from a judgment of conviction' and release from custody."  "But '[a]ny alleged irreparable harm "must be . . . actual and not theoretical."'"  "At least on the present record, any connection between [plaintiff's] FOIA request and his continued incarceration is highly speculative."