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Toolasprashad v. ICE, No. 11-CV-922-A, 2013 WL 5488474 (W.D.N.Y. Sept. 30, 2013) (Arcara, J.)

Re: First party request for plaintiff's immigration records Disposition: Granting defendant's motion to dismiss
  • Mootness: The court dismisses plaintiff's complaint on mootness grounds.  "Plaintiff, in his direct request, wanted his A-file delivered to his immigration counsel."  "Meanwhile, [his counsel] made his own FOIA request for plaintiff's A-file and apparently received it."  The court notes that receipt of the file was confirmed and that plaintiff's counsel made the request with plaintiff's signed consent.  Accordingly, the court finds that plaintiff's claim is moot.  The court remarks that plaintiff does not contend that he never received the documents.  Instead, he "maintains his action as a result of the runaround he received when his pro se FOIA request was ignored or misguided."  However, as production of the documents to plaintiff's counsel ultimately occurred, the court concludes that plaintiff's action is moot.
Court Decision Topic(s)
District Court opinions
Litigation Considerations, Mootness and Other Grounds for Dismissal
Updated August 6, 2014