Wednesday, January 11, 2012
Re: Request for all medical records maintained by the Federal Bureau of Prisons (BOP) pertaining to plaintiff's decedent Disposition: Adopting Magistrate Judge's Report and Recommendation to grant BOP's motion to dismiss plaintiff's FOIA claim as moot
- Mootness: The court explains that the "magistrate judge found that…the United States provided evidence that the BOP has fully responded to the FOIA request, and…Plaintiff failed to offer any evidence whatsoever to support his claim that the BOP failed to produce all responsive documents." The plaintiff alleges that he did not receive medical records pertaining to the decedent's time at a private correctional facility but the "[p]laintiff has given the Court no reason to believe that the BOP would have records pertaining to [the decedent's] incarceration" at the private correctional facility. The private correctional facility is "not a federal agency, and FOIA therefore imposes no duty upon the BOP to obtain or provide [records from that facility] that it does not otherwise possess."
Updated August 6, 2014