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Lonon v. HHS, No. 12-216, 2014 WL 2930569 (S.D. Ga. June 27, 2014) (Moore, Jr., J.)

Date

Lonon v. HHS, No. 12-216, 2014 WL 2930569 (S.D. Ga. June 27, 2014) (Moore, Jr., J.)

Re: Request for third party and plaintiff's medical records

Disposition: Adopting Magistrate Judge's Report and Recommendation and granting defendant's motion for summary judgment

  • Litigation Considerations, Mootness and Other Grounds for Dismissal:  The court holds that "[b]ecause it is undisputed that the CDC ultimately released all medical records directly pertaining to [plaintiff] himself, [plaintiff's] FOIA claim for his own records is moot."
     
  • Litigation Considerations, Exhaustion of Administrative Remedies:  The court holds that "[plaintiff's] remaining claim for the records of [the third party] is unexhausted."  The court notes that "[plaintiff] does not deny that he failed to comply with the Department of Health and Human Services' administrative procedures."

 

Court Decision Topic(s)
District Court opinions
Litigation Considerations, Exhaustion of Administrative Remedies
Litigation Considerations, Mootness and Other Grounds for Dismissal
Updated February 2, 2022