Perry v. Cox Commc’ns, No. 23-121, 23-122, 23-125, 2025 WL 2409761 (D. Neb. Aug. 20, 2025) (Carson, Mag. J.)

Perry v. Cox Commc’ns, No. 23-121, 23-122, 23-125, 2025 WL 2409761 (D. Neb. Aug. 20, 2025) (Carson, Mag. J.)

Re: Request for records concerning plaintiff

Disposition:  Denying plaintiff’s motion for injunctive relief and/or writ of mandamus

• Litigation Considerations, Pleadings, Exhaustion of Administrative Remedies & Mootness and Other Grounds for Dismissal:  The court finds that “Plaintiff . . . has no remedy here under FOIA.”  “To begin, Plaintiff only provided evidence of one FOIA request filed at 11:00 a.m. on July 22, 2025.”  “Apparently frustrated by the lack of an immediate response, he filed this motion the next day.”  “Plaintiff only alleges that the FBI has not responded, not that they have affirmatively withheld documents.”  “Moreover, a FOIA dispute must be handled separately.”  “By its plain terms, the FOIA statute envisions that federal courts will hear challenges to FOIA decisions in distinct lawsuits brought under FOIA because the statute explicitly directs a requester to challenge an adverse FOIA determination ‘on complaint,’ i.e. by filing a complaint to initiate a lawsuit in federal court.”  “There is no evidence that Plaintiff has done so and he cannot initiate a new lawsuit within this case.”