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Heineman v. Keller, No. 23-00448, 2024 WL 4624838 (D. Nev. Oct. 30, 2024) (Dorsey, J.)

Date

Heineman v. Keller, No. 23-00448, 2024 WL 4624838 (D. Nev. Oct. 30, 2024) (Dorsey, J.)

Re: Request for records concerning plaintiff

Disposition:  Granting defendants’ motion to dismiss

  • Litigation Considerations, Exhaustion of Administrative Remedies:  The court holds that “[t]he record for this matter doesn’t show that [plaintiff] ever made a FOIA request for the full and complete record that he now seeks in his second-amended complaint.”  “[Plaintiff] cannot actually or constructively exhaust administrative remedies for a FOIA request that he never made.”  “So [plaintiff] cannot state a justiciable claim for these additional materials.”
     
  • Litigation Consideration, Pleadings:  The court holds that “[e]ven if [plaintiff] had pled a viable legal theory, his FOIA claim must still be dismissed because he has failed to identify a proper target defendant.”  “[Plaintiff] ignored [the court’s] guidance as his second-amended complaint still names only individual defendants.”  “No agency is named, and thus [plaintiff’s] second-amended complaint fails to identify any appropriate defendant for his FOIA claim.”
Court Decision Topic(s)
District Court opinions
Litigation Considerations, Exhaustion of Administrative Remedies
Litigation Considerations, Pleadings
Updated December 12, 2024