Torres v. DOJ, No. 21-8427, 2021 WL 4952488 (S.D.N.Y. Oct. 25, 2021) (Swain, J.)

Torres v. DOJ, No. 21-8427, 2021 WL 4952488 (S.D.N.Y. Oct. 25, 2021) (Swain, J.)

Re:  Request for records concerning plaintiff

Disposition:  Granting plaintiff leave to file amended complaint

Litigation Considerations, Pleadings:  The court relates that "Plaintiff alleges that he did not receive any records in response to his requests."  "This allegation is insufficient to state a claim that the DOJ improperly withheld agency records, or that its search for records was inadequate."  "It is unclear from the allegations of the complaint whether, for example, the agency found responsive documents but withheld them based on an asserted exception to its disclosure obligations, or whether the DOJ simply stated that it had no documents responsive to his request."  "Plaintiff's allegations thus fail to state a claim that agency records were improperly withheld."  "Moreover, it is also unclear if Plaintiff exhausted his administrative remedies."  "Plaintiff had 90 days to appeal the agency's adverse FOIA determination . . . ."  "He alleges that he appealed on August 6, 2021, and the head of the agency has not responded."  "Plaintiff does not plead any facts about the agency's decision or the date it issued its decision, and it is thus unclear if Plaintiff's appeal to the head of the agency was timely."  "The complaint thus does not show that Plaintiff can be deemed to have exhausted his administrative remedies."  "Finally, the Court notes that Plaintiff's FOIA requests, which, for example, seek '[a]ny and all activities between the [O]ffice of Special Counsel Robert Mueller and his assistant . . . , to these lawsuits' . . . are broad and vague and appear to require significant research."  "For all of these reasons, Plaintiff's complaint fails to state a claim that the DOJ has improperly withheld agency records."  However, the court finds that "Plaintiff is granted leave to file an amended complaint that complies with the standards set forth above."