Marino v. DOJ, No. 12-865, 2014 WL 2767391 (D.D.C. June 19, 2014) (Collyer, J.)

Marino v. DOJ, No. 12-865, 2014 WL 2767391 (D.D.C. June 19, 2014) (Collyer, J.)

Re: Request for records concerning two cases, record concerning criminal matter not involving plaintiff, four FBI tapes concerning an attempted murder, and records concerning plaintiff

Disposition: Denying plaintiff's motion for fee waiver

• Litigation Considerations, Exhaustion of Administrative Remedies:  "[T]he Court finds that [plaintiff] has exhausted his administrative remedies in connection with his request for a fee waiver."  Plaintiff "appealed EOUSA's fee waiver denial to OIP, which closed the matter in light of the ongoing litigation."  "Consequently, there is no barrier to this Court addressing [plaintiff's] eligibility for a fee waiver."
   
• Fees and Fee Waivers, Fee Waivers:  The court "den[ies] [plaintiff's] request for a search fee waiver."  The court first notes that "[a]s a component of the Department of Justice, EOUSA properly applied the Department's regulations governing fee waivers set forth in 28 C.F.R. § 16.11(k)."  The court finds that "[plaintiff] has not specifically stated how disclosure of such records would add anything new to the public's understanding of these federal entities, which is the primary goal of FOIA."  Additionally, the court finds that plaintiff "simply has not demonstrated his ability to 'effectively convey' the requested information to the public."