Head v. DOJ, No. 21-507, 2022 WL 3139637 (D. Md. Aug. 5, 2022) (Hazel, J.)

Head v. DOJ, No. 21-507, 2022 WL 3139637 (D. Md. Aug. 5, 2022) (Hazel, J.)

Re:  Request for plaintiff’s presentence investigation report (“PSR”)

Disposition:  Granting plaintiff’s motion for judicial notice; granting in part plaintiff’s cross-motion for summary judgment; denying one defendant’s motion to dismiss as moot; denying another defendant’s motion for extension as moot; transferring remainder of case to U.S. District Court for the District of Columbia

• Litigation Considerations, Mootness and Other Grounds for Dismissal & Venue:  The court relates that “DOJ Defendants moved to transfer this case to the United States District Court for the District of Columbia, where Plaintiff had substantially similar claims pending.”  The court holds that “Plaintiff's Motion for Judicial Notice [“stating that he moved to dismiss his claims in the DC Court . . . and that the Court dismissed such claims”] shall be granted, and his Cross-Motion for Summary Judgment shall be granted only to the extent he seeks to voluntarily dismiss all but two of his claims.”  “Because no claims remain against the IRS, its Motion to Dismiss shall be denied as moot.”  “Likewise, the DOJ Defendants’ Motion for Extension shall be denied as moot.”  “[The] Court lacks jurisdiction to address what remains of Plaintiff’s claims.”  “As Plaintiff is no longer housed in FCI Cumberland, this Court lacks jurisdiction to rule on the matter.”  “Thus, the case shall be transferred to the United States District Court for the District of Columbia.”