Court Decisions

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...

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...

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...

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."

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...

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 Court...

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...

Re: Records concerning plaintiff's employment as Foreign Service Officer Disposition: Denying plaintiff's motion for preliminary injunction seeking to mandate processing of plaintiff's three FOIA requests in an expedited manner

• Expedited Processing:  The court finds that plaintiff has not satisfied any of the four factors which would support issuance of a preliminary injunction to compel...

Re: Investigative report of U.S. Navy A-7E Corsair II jet that crashed into an apartment complex in Alameda, CA on February 7, 1973                                Disposition: Granting defendant's motion for summary judgment

• Adequacy of Search:  The court finds that the defendant's search for the missing requested material was reasonable.  The court first notes that plaintiff's "FOIA request...

Re: Records concerning plaintiff's extradition from Cambodia Disposition: Affirming district court's grant of defendant's request for summary judgment; denying plaintiff's request for in camera review

• Exemption 5, Deliberative Process:  The Court affirms the district court's grant of defendant's request for summary judgment after finding that the document withheld in response to plaintiff's...