Harp v. U.S. Space Force, No. 22-00972, 2022 U.S. Dist. LEXIS 192187 (W.D. Tex. Oct. 21, 2022) (Hightower, Mag. J.)

Harp v. U.S. Space Force, No. 22-00972, 2022 U.S. Dist. LEXIS 192187 (W.D. Tex. Oct. 21, 2022) (Hightower, Mag. J.)

Re:  Request for Department of Defense Form 1300 “‘for every member of the United States Space Force who has ever died while on active duty’”

Disposition:  Declining to dismiss plaintiff’s case; returning plaintiff’s case to district court docket

• Litigation Considerations, Pleadings:  “Because Plaintiff has been granted leave to proceed in forma pauperis, the Court is required by standing order to review [plaintiff’s] Complaint.”  The court relates that “Plaintiff alleges that he is a veteran investigative reporter who ‘routinely requests records from federal agencies pursuant to FOIA, analyzes the responses, and disseminates his findings and the requested records to the American public.’”  “On June 15, 2022, Plaintiff allegedly submitted a request, pursuant to the [FOIA] . . . .”  “Plaintiff alleges that Defendants have failed to respond to his requests, in violation of 5 U.S.C. § 552(a)(6)(A)(i), which requires that an agency make a determination within 20 days of receipt of a request, and are ‘unlawfully withholding records.’”