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Gutierrez v. EOUSA, No. 20-1524, 2021 WL 1634510 (D.D.C. Apr. 27, 2021) (Howell, J.)

Date

Gutierrez v. EOUSA, No. 20-1524, 2021 WL 1634510 (D.D.C. Apr. 27, 2021) (Howell, J.)

Re:  Request for records concerning plaintiff's criminal conviction

Disposition:  Granting defendant's motion for summary judgment

Procedural Requirements, Searching for Responsive Records:  The court relates that "Plaintiff argues that the search was inadequate because EOUSA failed to produce three items."  The court holds that "EOUSA no longer is obligated to respond to plaintiff's original FOIA request, which included Items Seven and Eight for transcripts of videotaped interviews, because plaintiff modified the request and eliminated these items."  Additionally, the court relates that "plaintiff did not request videotapes, he requested transcripts of the videotaped interviews which, according to EOUSA's declarant, 'were not introduced into evidence at trial.'"  "Further, the declarant explained, she did not 'believe transcripts of the records [p]laintiff requested for Items . . . Seven and Eight were ever obtained by' [defendant].'"  "'[W]hen an agency does not possess or control the records a requester seeks, the agency's non-disclosure does not violate FOIA because it has not "withheld" anything.'"  The court also finds that "Plaintiff is no more successful in challenging EOUSA's failure to respond to Request 1 of the modified FOIA request."  "As defendant observes, Request 1[, which requests in pertinent part "'Exculpatory evidence negates defendant's specific intent,' [sic]"] 'does not identify a document or category of documents that EOUSA could easily discern from this request.'"

Court Decision Topic(s)
District Court opinions
Procedural Requirements, Searching for Responsive Records
Updated May 17, 2021