Torres v. DOJ, No. 21-8427, 2021 WL 5772125 (S.D.N.Y. Dec. 6, 2021) (Swain, C.J.)
Torres v. DOJ, No. 21-8427, 2021 WL 5772125 (S.D.N.Y. Dec. 6, 2021) (Swain, C.J.)
Re: Request for records concerning plaintiff's "alleged designation as a person suspected of posing 'a threat to civil aviation'"
Disposition: Granting plaintiff leave to file second amended complaint
- Litigation Considerations, Pleadings: The court finds that "[h]ere, Plaintiff alleges that he appealed two of the agency decisions on his FOIA request(s)." "First, it is unclear which of the document requests were the subject of his two appeals." "Next, although Plaintiff states that he has not received any documents, it is unclear from the allegations of the amended complaint how the DOJ initially resolved Plaintiff's FOIA requests – whether the DOJ indicated that it searched for documents and found none, or that it could not conduct a search because his request was insufficiently specific, or that the documents requested fell within some exception to FOIA disclosure requirements, for example." "In his second amended complaint, Plaintiff must plead facts about his FOIA requests and his appeals from the agency decision, including which requests he appealed (that is, what is the subject matter of the FOIA request(s) that he appealed), what was the basis for the agency's initial denial of his FOIA request, and what was the decision on his appeal." "Plaintiff may wish to include copies of these FOIA requests and the agency's responses."