Lonon v. HHS, No. 12-216, 2014 WL 2930569 (S.D. Ga. June 27, 2014) (Moore, Jr., J.)

Lonon v. HHS, No. 12-216, 2014 WL 2930569 (S.D. Ga. June 27, 2014) (Moore, Jr., J.)

Re: Request for third party and plaintiff's medical records

Disposition: Adopting Magistrate Judge's Report and Recommendation and granting defendant's motion for summary judgment

• Litigation Considerations, Mootness and Other Grounds for Dismissal:  The court holds that "[b]ecause it is undisputed that the CDC ultimately released all medical records directly pertaining to [plaintiff] himself, [plaintiff's] FOIA claim for his own records is moot."
   
• Litigation Considerations, Exhaustion of Administrative Remedies:  The court holds that "[plaintiff's] remaining claim for the records of [the third party] is unexhausted."  The court notes that "[plaintiff] does not deny that he failed to comply with the Department of Health and Human Services' administrative procedures."