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Scott v. EOUSA, No. 18-725, 2019 WL 2078632 (D. Md. May 10, 2019) (Bennett, J.)

Date

Scott v. EOUSA, No. 18-725, 2019 WL 2078632 (D. Md. May 10, 2019) (Bennett, J.)

Re:  Requests for records concerning plaintiff's criminal case, as well as concerning third party

Disposition:  Granting defendant's motion to dismiss

  • Litigation Considerations, Exhaustion of Administrative Remedies:  The court holds that "[i]n the absence of evidence that [plaintiff] exhausted his administrative remedies as to any Agency final decision at issue here, the claims arising from those determinations will be dismissed without prejudice for lack of jurisdiction."  The court explains that "Defendant asserts that [plaintiff] did not exhaust his administrative remedies by filing a FOIA administrative appeals from the final responses to his FOIA requests."  In response to plaintiff's assertion, the court finds that "[t]he envelope's postmark is months before the date of the FOIA response which [plaintiff] alleges he appealed."  "It therefore provides no evidence of administratively exhaustion of the FOIA request at issue here."  "[Plaintiff's] further reliance on an undated letter to . . . the Office of Government Information Services at OGIS . . . is also unavailing."  "Contrary to [plaintiff's] assertions, this letter provides no evidence that he followed the required procedures for exhausting his administrative remedies before filing this lawsuit."
     
  • Litigation Considerations, Mootness and Other Grounds for Dismissal:  The court holds that "after 11 pages of public records maintained USAO-DC files responsive to [plaintiff's] request [concerning a third party] were produced without redaction or exemption, this complaint was rendered moot."
     
Court Decision Topic(s)
District Court opinions
Litigation Considerations, Exhaustion of Administrative Remedies
Litigation Considerations, Mootness and Other Grounds for Dismissal
Updated January 11, 2022