United States, ex rel. Smart v. Christus Health, No. 2:05-CV-287, 2013 WL 2289883 (S.D. Tex. May 22, 2013) (Rainey, J.)

Date: 
Wednesday, May 22, 2013
Re: Plaintiff's motion for in camera review of documents pertaining to his qui tam suit Disposition: Denying plaintiff's motion
  • Litigation Considerations, Jurisdiction and Pleadings:  The court "finds that it is without jurisdiction" to grant plaintiff relief.  The court notes that plaintiff "has not properly initiated a[] FOIA claim by filing a complaint in a civil action."  Additionally, the court notes that "the United States is not the proper defendant, and neither agency about which [plaintiff] complains . . . is a party to this action."  The court also finds that plaintiff "does not allege that [the] withholding of records is improper, nor does he explain why he believes the agencies' explanations are legally invalid."  Accordingly, the court denies plaintiff's motion. 
Topic: 
District Court
Jurisdiction
Litigation Considerations
Updated August 6, 2014