Villar v. FBI, No. 15-270, 2016 WL 4286204 (D.N.H. Aug. 15, 2016) (McCafferty, J.)
Re: Request for records concerning plaintiff
Disposition: Granting defendant's motion to dismiss and motion for extension of time; denying plaintiff's motion for subpoena duces tecum
- Procedural Requirements, Entities Subject to the FOIA: The court holds that "federal agencies, and not individual officials, are the only proper defendants in a FOIA action." "For that reason, [the Section Chief of the FBI's Records Management Division and an FBI Special Agent] are not proper defendants to [plaintiff's] FOIA claim."
- Litigation Considerations, In Camera Review: The court holds that "[plaintiff's] motion seeking in camera review of the withheld documents is premature at this time." The court orders that "defendants have not yet responded to [plaintiff's] complaint and are required to file an answer within 21 days of the date of this order."