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O'Brien v. DOJ, No. 19-1262, 2019 WL 4805247 (E.D. Pa. Sept. 30, 2019) (Beetlestone, J.)

Date

O'Brien v. DOJ, No. 19-1262, 2019 WL 4805247 (E.D. Pa. Sept. 30, 2019) (Beetlestone, J.)

Re:  Plaintiff's attempted FOIA requests

Disposition:  Granting defendant's motion to dismiss

  • Litigation Considerations, Jurisdiction:  The court holds that "[t]he FBI's duties to disclose documents under FOIA are not triggered unless it first receives a proper request."  "The mere fact that Plaintiff can show he placed his letters in the mail does not mean he has shown the agency received them."  "And indeed, the documents Plaintiff himself provided make it clear the letters were in fact never actually sent to the FBI, as they were mailed to the wrong address."  "Plaintiff argues that, because the letters were not sent back to the return address on the envelope, they must have been delivered to the FBI."  "But such an allegation is too speculative."
Court Decision Topic(s)
District Court opinions
Litigation Considerations, Jurisdiction
Updated December 16, 2021