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Savoca v. Wilson, No. 19-14, 2019 WL 2359201 (N.D. Ohio June 4, 2019) (Adams, J.)

Date

Savoca v. Wilson, No. 19-14, 2019 WL 2359201 (N.D. Ohio June 4, 2019) (Adams, J.)

Re:  Plaintiff's complaint discussing a potential request for certain records

Disposition:  Dismissing plaintiff's complaint

  • Litigation Considerations, Pleadings:  First, the court holds that "FOIA claims are only applicable as against 'federal agencies,' and [plaintiff] has not named any federal agency as a defendant."  Second, the court holds that "[plaintiff] does not make cogent, discernible allegations in his complaint – or in his multiple additional filings and motions – plausibly suggesting the required components of a FOIA claim."  "Complaints filed under 5 USC § 552 are not intended to provide a vehicle to re-argue criminal cases but rather to show whether an agency improperly withheld agency records."  "[Plaintiff's] allegations do not support a plausible inference that a federal agency improperly withheld agency records or that he made a valid FOIA request."  "Rather, it is apparent that [plaintiff] is merely attempting use FOIA as a vehicle to re-argue his criminal case."
Court Decision Topic(s)
District Court opinions
Litigation Considerations, Pleadings
Updated January 10, 2022