Kenny v. Porrino, No. 18-2729, 2021 WL 1699927 (D.N.J. Apr. 29, 2021) (Shipp, J.)
Date
Kenny v. Porrino, No. 18-2729, 2021 WL 1699927 (D.N.J. Apr. 29, 2021) (Shipp, J.)
Re: Request for records concerning certain environmental assessments
Disposition: Granting defendants' motion to dismiss
- Litigation Considerations, Pleadings: "[T]he Court will not dismiss Plaintiff's claims for lack of subject matter jurisdiction on these grounds." The court finds that "[t]he Federal Defendants argue that 'Plaintiff references FOIA, but does not assert that the Service withheld any records he sought.'" "On the contrary, however, liberally construed, the [plaintiff's third amended complaint] can be read as claiming that . . . Federal Defendants did not '[p]rovide [certain] [d]ocuments . . . ." "Based on this allegation . . . , it appears that Plaintiff has asserted that the Federal Defendants withheld specific records sought."
- Litigation Considerations, Exhaustion of Administrative Remedies: "[T]he Court finds it lacks subject matter jurisdiction over Plaintiff's FOIA claims." The court finds that "[plaintiff's third amended complaint] fails to allege that Plaintiff exhausted his administrative remedies following the Service's allegedly deficient FOIA responses." "Moreover, the Federal Defendants submit persuasive evidence that Plaintiff has never appealed any of his three FOIA requests."
Court Decision Topic(s)
District Court opinions
Litigation Considerations, Exhaustion of Administrative Remedies
Litigation Considerations, Pleadings
Updated May 17, 2021