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Lynch v. Bharara, No. 19-3572, 2019 WL 3958556 (S.D.N.Y. Aug. 21, 2019) (McMahon, C. J.)

Date

Lynch v. Bharara, No. 19-3572, 2019 WL 3958556 (S.D.N.Y. Aug. 21, 2019) (McMahon, C. J.)

Re:  Requests for records concerning plaintiff's prison facility transfer

Disposition:  Granting plaintiff leave to file amended complaint

  • Litigation Considerations, Pleadings:  "In light of Plaintiff's pro se status, the Court grants him leave to file an amended complaint that includes a short and plain statement of facts indicating that a federal agency has improperly withheld agency records in violation of the FOIA."  The court holds that "[w]hile Plaintiff alleges making numerous FOIA requests to multiple agencies, he does not appear to allege facts necessary to state a FOIA enforcement claim."  "Nor does he indicate that he has exhausted administrative remedies."  "In any event, Plaintiff's complaint fails to . . . [include] a short and plain statement showing that he is entitled to relief."
Court Decision Topic(s)
District Court opinions
Litigation Considerations, Pleadings
Updated December 17, 2021