Harvey v. Lynch, No. 14-00784, 2015 WL 4999791 (D.D.C. Aug. 21, 2015) (Moss, J.)

Harvey v. Lynch, No. 14-00784, 2015 WL 4999791 (D.D.C. Aug. 21, 2015) (Moss, J.)

Re: Request for records concerning plaintiff

Disposition: Granting defendant's motion for summary judgment; denying plaintiff's cross-motion for summary judgment

• Litigation Considerations, Mootness and Other Grounds for Dismissal:  The court finds that "[p]laintiff concedes that BOP has produced all the records he seeks, and he does not object to the modest redactions BOP made to one page of those materials."  "Accordingly, there is nothing of the underlying FOIA dispute left for the Court to adjudicate."  "The fact that Plaintiff seeks an order declaring that BOP violated the law by failing to process his FOIA request in a timely manner does not change this result."  Specifically, "[p]laintiff's case is not about a general practice but about how the agency treated Plaintiff in one instance."  The court holds that "BOP has already produced what it can; no court order can change the fact that BOP took over three months to produce the requested records; and Plaintiff does not suggest, and could not plausibly suggest, that he is entitled to damages under FOIA."