Manivannan v. Bochenek, No. 17-192, 2018 WL 2298372 (N.D. W. Va. May 21, 2018) (Keely, J.)

Manivannan v. Bochenek, No. 17-192, 2018 WL 2298372 (N.D. W. Va. May 21, 2018) (Keely, J.)

Re:  Request for records concerning certain visit by plaintiff

Disposition:  Adopting Magistrate Judge's Report and Recommendation; denying in part defendants' motion to dismiss FOIA claim; dismissing individual defendant

• Litigation Considerations, Jurisdiction:  The court adopts the magistrate judge's report and recommendation.  The court relates that "the R&R concluded that, when liberally construed, the complaint states a plausible claim for relief under FOIA, and therefore the Court has subject-matter jurisdiction."  "Finding that [the individual] defendant . . . had been sued in her official capacity as the Director of NETL, the R&R further concluded that the Department of Energy must be substituted for [that defendant] as the proper defendant in this case."