Wednesday, August 13, 2014
Parker v. DOJ, No. 14-4938, 2014 WL 3954994 (D.N.J. Aug. 13, 2014) (Bumb, J.)
Re: Request for records concerning plaintiff's conviction
Disposition: Terminating plaintiff's civil case
- Litigation Considerations, Exhaustion of Administrative Remedies: After review by the administrative appellate authority, portions of plaintiff’s request were remanded for further processing to EOUSA. The court finds "that the EOUSA's re-review of the withheld/redacted pages is currently underway, and no appeal as to that re-review was launched or completed." "Therefore, no viable claim based on the redacted and withheld pages is present, at this juncture, until the EOUSA [responds] and the appellate office addresses Plaintiff's appeal (from that EOUSA's re-response), if such is filed."
- Litigation Considerations, Relief: The court holds that "[w]hile the FOIA mandate envisions various forms of injunctive relief, the statute does not supply the courts with a mandate to direct 'some type' of 'supervision' of an administrative agency's performance of its duties."
- Litigation Considerations, Pleadings: The court finds that "[p]laintiff must plead: (a) the facts supporting his exhausted claims that the documents located were unduly withheld or redacted; and (b) if he wishes to pursue his inadequacy-of-the-search claim, the facts plausibly showing that the EOUSA failed to make a good faith effort to conduct a search for the requested records by not employing the methods reasonably expected to produce the requested information."
Updated January 29, 2015