Rodriguez v. DOJ, No. 16-5251, 2017 U.S. App. LEXIS 8129 (D.C. Cir. May 5, 2017) (per curiam)
Re: Request for certain records concerning requester's criminal case
Disposition: Granting government's motion for summary affirmance; denying requester's motion to appoint counsel
- Litigation Considerations, Appointment of Counsel: The Court of Appeals for the District of Columbia Circuit holds that "[i]n civil cases, appellants are not entitled to appointment of counsel when they have not demonstrated sufficient likelihood of success on the merits."
- Litigation Considerations, Adequacy of Search: The Court of Appeals for the District of Columbia Circuit hold that "[t]he district court correctly determined that the government's search fulfilled its obligations under the [FOIA]." "The affidavits submitted by the government describe 'what records were searched, by whom, and through what process,' . . . and adequately show 'that all files likely to contain responsive materials (if such records exist) were searched[.]'" Additionally, the court finds that "[the requester] has failed to 'provide "countervailing evidence" as to the adequacy of the agency's search,' . . . and instead relies on 'speculation that as yet uncovered documents may exist[.]'"