Reaves v. Jewell, No. 14-2245, 2014 WL 6698717 (D. Md. Nov. 26, 2014) (Chasanow, J.)

Date: 
Wednesday, November 26, 2014

Reaves v. Jewell, No. 14-2245, 2014 WL 6698717 (D. Md. Nov. 26, 2014) (Chasanow, J.)

Re: Request for documents concerning administrative complaint

Disposition: Granting defendant's motion to dismiss; granting plaintiff twenty-one days to file amended complaint

  • Litigation Considerations:  The court holds that "[d]efendant's production of documents . . . renders the complaint moot."  The court relates that "[p]laintiff now objects to the redactions and believes he has not received the full record he requested."  The court finds that "'[a] party cannot alter his or her claim through briefs [, however]."  "Instead, 'the proper procedure for plaintiff[ ] to assert a new claim is to amend the complaint in accordance with Fed.R.Civ.P. 15(a).'"  Therefore, the court grants defendant's motion to dismiss.  However, the court does find that "[p]laintiff may file an amended complaint within twenty-one . . . days identifying the basis for his FOIA claim against Defendant."
     
Topic: 
District Court
Litigation Considerations
Updated February 4, 2015