Myers v. DOJ, No. 14-2541, 2015 WL 4935268 (D.S.C. Aug. 17, 2015) (Herlong, S.D.J.)

Myers v. DOJ, No. 14-2541, 2015 WL 4935268 (D.S.C. Aug. 17, 2015) (Herlong, S.D.J.)

Re: Request for records concerning plaintiff

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

• Procedural Requirements, Searching for Responsive Records:  Adopting and incorporating the opinion of the Magistrate Judge, the court "conclude[d] that Defendant conducted an adequate search for documents responsive to Plaintiff's FOIA request and is entitled to summary judgment."  "[T]he Court finds that . . . [defendant's] declarations . . . establish that an adequate search was conducted."  "The declarations are reasonably detailed, setting forth the type of search performed, and averring that all files likely to contain responsive materials, if such records exist, were searched."  Additionally, the court notes that "[p]laintiff was given an opportunity to challenge the adequacy of the search, and a subsequent search was conducted."  "Although Plaintiff claims the search may have been conducted under a misspelling of his name, the declarations indicate that the search was directed to the case file based on the criminal case number, not just Plaintiff's name."