Lopez-Pena v. DOJ, No. 19-2884, 2021 WL 3077559 (D.D.C. July 20, 2021) (Moss, J.)
Date
Lopez-Pena v. DOJ, No. 19-2884, 2021 WL 3077559 (D.D.C. July 20, 2021) (Moss, J.)
Re: Request for records concerning plaintiff's prosecution
Disposition: Granting defendant's motion for summary judgment
- Procedural Requirements, Proper FOIA Requests: The court finds that "[i]t is unfortunate that the bulletin board in the prison law library includes misleading information[the wrong address for FOIA requests], but, contrary to Plaintiff's suggestion, nothing in the record indicates that the erroneous flyer was placed in the prison law library by any official from the Bureau of Prisons or from any other component of the Department of Justice." "In any event, the fact remains that EOUSA did not receive Plaintiff's 2019 request." "And EOUSA cannot be expected to respond to FOIA requests that it never receives, even when the requester misdirects the request through no fault of his own."
- Litigation Considerations, Mootness and Other Grounds for Dismissal: The court finds that "[t]o the extent that Plaintiff is dissatisfied with the Department's response to his 2020 request, he may file a separate lawsuit challenging that response." "But his submission of a separate FOIA request cannot salvage this action, which is based on only the 2019 request."
Court Decision Topic(s)
District Court opinions
Litigation Considerations, Mootness and Other Grounds for Dismissal
Procedural Requirements, Proper FOIA Requests
Updated August 12, 2021