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Queern v. United States, No. 20-00363, 2021 WL 808736 (E.D.N.C. Mar. 3, 2021) (Myers II, J.)

Date

Queern v. United States, No. 20-00363, 2021 WL 808736 (E.D.N.C. Mar. 3, 2021) (Myers II, J.)

Re:  Request for records concerning certain "'bad actors'"

Disposition:  Sustaining in part and overruling in part plaintiff's objections to Magistrate Judge's Memorandum and Recommendation ("M&R"); finding that plaintiff states FOIA claims as to FOIA requests stated therein

  • Litigation Considerations, Pleadings:  "[The] court has reviewed the M&R, the operative Complaint, and Plaintiff's Objection."  "Regarding the portion of the M&R to which plaintiff does not object – i.e., to permit the FOIA claim regarding [one request] to proceed – the court is satisfied that there is no clear error on the face of the record."  "Accordingly, that portion of the M&R is accepted."  The magistrate judge previously found that "[plaintiff] submitted a FOIA request in August 2018."  "Several months later, Defendants denied his request for his alleged failure 'to pay overdue FOIA fees.'"  "[Plaintiff] claims that Defendants should not have charged him the fees in the first place, so it was improper to rely on the fees as a basis to deny his request."  The court finds that "[t]hese allegations, at this point, state a claim for relief."
Court Decision Topic(s)
District Court opinions
Litigation Considerations, Pleadings
Updated March 24, 2021