Court Decisions
Displaying 3421 - 3430 of 3517
Williams v. IRS, No. CV 12-7321 CAS (PLAx), 2013 U.S. Dist. LEXIS 69976 (C.D. Cal. May 16, 2013) (Snyder, J.)
Disposition: Granting defendant's motion to dismiss
- Exhaustion of Administrative Remedies: "[P]laintiff's claim under FOIA is so insubstantial that it does not involve a federal controversy because it alleges nothing more than that plaintiff requested information from the IRS and the IRS, in fact, responded; no allegations explain the nature of plaintiff's grievances related to FOIA."
Johnson v. DOJ, No. 3:12-CV-1842, 2013 WL 1909566 (M.D. Pa. May 8, 2013) (Mannion, J.)
Re: Plaintiff's motion for the production of certain items, including information about the security guard that reported his conduct
Disposition: Denying plaintiff's motion for access to certain records
- Procedural Requirements, Proper FOIA Requests: The court finds that, "[t]o the extent that plaintiff is making a Freedom of Information Act (FOIA) request, his request should be addressed to...
Matthews v. United States, No. 10-648C, 2013 WL 1909989 (Fed. Cl. May 7, 2013) (Wolski, J.)
Re: Claim seeking back pay and retirement pay based on documents plaintiff claims are fraudulent
Disposition: Dismissing plaintiff's FOIA claim for lack of subject-matter jurisdiction.
- Litigation Considerations, Jurisdiction: The court finds that "[p]laintiff's allegation[] based on the . . . FOIA . . . do[es] not fall within the Court's jurisdiction because [it is] not based on money...
Nat'l Immigration Project of the Nat'l Lawyers Guild v. DHS, No. 11 Civ. 3235, 2013 WL 1947362 (S.D.N.Y. May 7, 2013) (Rakoff, J.)
Re: Defendants' motion for reconsideration of court's order requiring defendant to conduct additional searches for documents responsive to plaintiffs' request for records concerning "the process by which the Government returns to the United States any alien who, having been removed, subsequently prevails on an appeal from her order of removal and, second, the process by which the Government...
Coleman v. DEA, No. 11-1999, 2013 WL 1832078 (4th Cir. May 2, 2013) (per curiam)
Re: Request for records concerning the government's regulation of carisoprodol
Disposition: Reversing the district court's determination and remanding for the district court to determine the fee category that applies to the request at issue and whether appellant is entitled to a waiver of fees
- Exhaustion: The court holds that appellant constructively exhausted his administrative remedies once...
Conover v. Bd. of Governors of the Fed. Reserve Sys., No. C 12-06480 WHA, 2013 U.S. Dist. LEXIS 63171 (N.D. Cal. May 2, 2013) (Alsup, J.)
Re: Request seeking information regarding whether checks were deposited in a certain bank account
Disposition: Granting defendant's motion to dismiss with prejudice
- Exhaustion: The court finds that plaintiff has not exhausted. The court notes that the Board has "published regulations that describe how to appropriately file a FOIA request." Here, plaintiff's "original request for information...
Smith v. Todd Jones, No. 13-CV-11224, 2013 U.S. Dist. LEXIS 62825 (E.D. Mich. May 2, 2013) (Goldsmith, J.)
Re: Request for history of a particular firearm
Disposition: Dismissing complaint under 28 U.S.C. § 1915(e)(2)(B)(iii)
- Proper Party Defendant: The court dismisses plaintiff's complaint for failure to state a claim for relief. "The only Defendants named in Plaintiff's complaint are an individual federal official and the United States." "Neither of these parties is subject to the FOIA."
Thomas v. SSA, No. 11-CV-3698, 2013 U.S. Dist. LEXIS 63750 (E.D.N.Y. May 2, 2013) (Brodie, J.)
Re: Request for records concerning "appointment of a guardian ad litem to receive Plaintiff's social security funds"
Disposition: Granting defendant's motion for summary judgment and dismissing plaintiff's FOIA claim
- Adequacy of Search: The court dismisses Plaintiff's FOIA claims. The court notes that "Defendant's only obligation under FOIA was to search agency records." Here, "Defendant...
Echols v. Morpho Detection, Inc., No. 12-1581, 2013 WL 1832642 (N.D. Cal. May 1, 2013) (Wilken, J.)
Re: Motion to transfer venue for litigation arising from request to the FBI for records concerning criminal background check
Disposition: Transferring action on court’s own motion to the Central District of California
- Litigation Considerations, Jurisdiction: The court transfers the remaining FOIA claim against the federal defendants on the court’s own motion to the United States District...
Lont v. Roberts, No. 12-CV-4960 (MKB), 2013 WL 1810759 (E.D.N.Y. Apr. 26, 2013) (Brodie, J.)
Re: Certain evidence, including video tapes
Disposition: Dismissing plaintiff's FOIA claims for failure to state a claim upon which relief can be granted
- Procedural Requirement, Entities Subject to the FOIA: The court finds that it "has no authority to grant Plaintiff the relief he seeks" because "Plaintiff does not allege that any federal agency improperly...