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Pinson v. DOJ, No. 12-1872, 2014 WL 4724352 (D.D.C. Sept. 24, 2014) (Contreras, J.)

Date

Pinson v. DOJ, No. 12-1872, 2014 WL 4724352 (D.D.C. Sept. 24, 2014) (Contreras, J.)

Re: Request for certain records concerning plaintiff, BOP, and Congress

Disposition: Denying as moot defendant's motion for summary judgment as plaintiff's 2009 and 2010 FOIA requests; granting defendant's motion for summary judgment as to plaintiff's 2011 FOIA request

  • Litigation Considerations, Pleadings:  The court holds that "[plaintiff's] exclusion of the 2009 and 2010 FOIA requests from the Corrected Second Amended Complaint results in those requests no longer being a part of this action as a matter of law."  "Accordingly, the Court denies as moot the DOJ's motion for summary judgment as to the 2009 and 2010 FOIA claims."
     
  • Procedural Requirements, Proper FOIA Requests:  "[T]he Court grants summary judgment in favor of the DOJ on this claim."  The court explains that "[h]ere, as in the cases cited above, the agency offers a declaration attesting that it has no record of receiving [plaintiff's] 2011 FOIA request."  "Further, [plaintiff] offers no contradictory evidence even hinting at the fact that the CRD actually did receive this request."
     
Court Decision Topic(s)
District Court opinions
Litigation Considerations, Pleadings
Procedural Requirements, Proper FOIA Requests
Updated January 27, 2022