Stone v. BOP, No. 21-1947, 2021 WL 5038654 (D.D.C. Oct. 29, 2021) (Moss, J.)

Stone v. BOP, No. 21-1947, 2021 WL 5038654 (D.D.C. Oct. 29, 2021) (Moss, J.)

Re:  Request for records concerning plaintiff

Disposition:  Granting defendant's motion to dismiss

• Litigation Considerations, Mootness and Other Grounds for Dismissal:  The court relates that "Defendant moved to dismiss on August 27, 2021, arguing that the case is moot because, 'on August 5, 2021, BOP provided Plaintiff with the responsive records.'"  "In total, Defendant released 1,005 pages, only one of which included redactions."  "Plaintiff responded by email, according to Defendant, 'acknowledging receipt of the records and informing [Defendant] that the released records appeared to be satisfactory.'"  "Defendant has attached this email to the declaration accompanying its motion to dismiss, in which [plaintiff] writes, 'I have received in total 1005 pages of records and it appears satisfactory,' and 'I would be willing to settle my lawsuit.'"  "In light of Defendant's motion to dismiss, the Court . . . instruct[ed] Plaintiff to respond on or before October 1, 2021."  "That deadline passed nearly a month ago, and, to date, Plaintiff has not opposed Defendant's motion."  "The Court must, accordingly, accept the truth of Defendant's factual submissions . . . ."  "With that factual record, no case or controversy remains for the Court to resolve, and so the Court will dismiss this case as moot pursuant to Federal Rule of Civil Procedure 12(b)(1)."