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United States v. Terry, No. 12-2660, 2013 WL 265435 (7th Cir. Jan. 24, 2013)

Re: Request for records pertaining to plaintiff Disposition: Affirming district court's denial of plaintiff's motion to compel production of trial related documents, previously sought through FOIA requests; affirming and district court's refusal to construe the motion as FOIA complaint
  • Procedural: The Seventh Circuit explains that to "bring an action under the FOIA in district court, the plaintiff must file a complaint." Here, the plaintiff "never paid the required filing fee and never filed a motion for leave to proceed informa pauperis. Given these circumstances, the district court was correct to refuse to construe the motion as a complaint."
  • Proper Party Defendant: The court notes that the Champagne Police Department is a state entity and the Clerk of the Court and the Federal Defender Office are within the federal judicial branch. "The FOIA applies only to agencies and instrumentalities of the executive branch of the federal Government."
Court Decision Topic(s)
Court of Appeals opinions
Procedural Requirements, Supplemental to Main Categories
Updated August 6, 2014