Thursday, January 11, 2018
Kanaya v. ATF, No. 17-1103, 2018 WL 385414 (D.D.C. Jan. 11, 2018) (Mehta, J.)
Re: Request for records concerning plaintiff's criminal prosecution
Disposition: Granting defendant's motion for summary judgment
- Litigation Considerations, Exhaustion of Administrative Remedies: The court finds that "Plaintiff has produced no evidence showing that Defendant received, or should have received, the FOIA request." Regarding the burden, the court finds that "[w]here, as here, an agency submits a declaration stating it did not receive the FOIA request, the burden falls on the requester to come forward with proof to create a genuine dispute of fact that he sent the FOIA request to the agency and the agency received it." "Here, Plaintiff has failed to meet his burden."
Updated July 5, 2018