Parker v. DOJ, No. 14-4938, 2014 WL 3954994 (D.N.J. Aug. 13, 2014) (Bumb, J.)
Date
Parker v. DOJ, No. 14-4938, 2014 WL 3954994 (D.N.J. Aug. 13, 2014) (Bumb, J.)
Re: Request for records concerning plaintiff's conviction
Disposition: Terminating plaintiff's civil case
- Litigation Considerations, Exhaustion of Administrative Remedies: After review by the administrative appellate authority, portions of plaintiff’s request were remanded for further processing to EOUSA. The court finds "that the EOUSA's re-review of the withheld/redacted pages is currently underway, and no appeal as to that re-review was launched or completed." "Therefore, no viable claim based on the redacted and withheld pages is present, at this juncture, until the EOUSA [responds] and the appellate office addresses Plaintiff's appeal (from that EOUSA's re-response), if such is filed."
- Litigation Considerations, Relief: The court holds that "[w]hile the FOIA mandate envisions various forms of injunctive relief, the statute does not supply the courts with a mandate to direct 'some type' of 'supervision' of an administrative agency's performance of its duties."
- Litigation Considerations, Pleadings: The court finds that "[p]laintiff must plead: (a) the facts supporting his exhausted claims that the documents located were unduly withheld or redacted; and (b) if he wishes to pursue his inadequacy-of-the-search claim, the facts plausibly showing that the EOUSA failed to make a good faith effort to conduct a search for the requested records by not employing the methods reasonably expected to produce the requested information."
Court Decision Topic(s)
District Court opinions
Litigation Considerations, Exhaustion of Administrative Remedies
Litigation Considerations, Pleadings
Litigation Considerations, Preliminary Injunctions
Litigation Considerations, Relief
Updated February 1, 2022