Nagdy v. DOJ, No. 22-0345, 2023 WL 8532403 (W.D. Ky. Dec. 8, 2023) (Simpson III, J.)

Nagdy v. DOJ, No. 22-0345, 2023 WL 8532403 (W.D. Ky. Dec. 8, 2023) (Simpson III, J.)

Re:  Request for records concerning plaintiff

Disposition:  Granting defendant’s motion to dismiss

• Litigation Considerations, Mootness and Other Grounds for Dismissal:  The court relates that “the United States has attacked the factual basis for Plaintiff’s FOIA claim by asserting and submitting evidence that the FBI did, in fact, respond to Plaintiff’s FOIA request.”  The court finds that “Plaintiff did not offer any evidence to support his claim that the FBI is withholding documents.”  “Aside from his FOIA Request, his Response to the agency’s request for additional information, and a printout reflecting his having checked the status of his FOIA request, Plaintiff’s remaining exhibits all relate to his allegations that his state-court criminal trial was a sham.”  “None of [plaintiff’s] exhibits demonstrate that the FBI is withholding documents which are non-exempt and responsive to Plaintiff’s FOIA request.”  “Thus, Plaintiff has not shown by a preponderance of evidence that a justiciable case exists here.”  “There is nothing in the record of this case which demonstrates that the FBI failed to respond fully to Plaintiff’s . . . FOIA request.”  “Therefore, this case is moot and must be dismissed.”