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

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. 
Court Decision Topic(s)
District Court opinions
Litigation Considerations, Jurisdiction
Litigation Considerations, Supplemental to Main Categories
Updated August 6, 2014