Stone v. DOJ, No. 12-4528, 2014 WL 1281047 (N.D. Tex. Mar. 28, 2014) (Lindsay, J.)

Stone v. DOJ, No. 12-4528, 2014 WL 1281047 (N.D. Tex. Mar. 28, 2014) (Lindsay, J.)

Re: Request for records used at plaintiff's sentencing

Disposition: Granting defendant's Second Amended Motion to Dismiss

• Litigation Considerations, Jurisdiction:  The court holds that "[p]laintiff has failed to prove that the court has subject matter jurisdiction over this FOIA action, and dismissal of this action for lack of jurisdiction is appropriate."  The court explains that "[d]efendant presented evidence that it searched for but was unable to locate any documents responsive to Plaintiff's request for records."  Additionally, the court notes that "[d]efendant's evidence also details the efforts taken by the DOJ in searching for the requested records."  Therefore, "[b]ecause Defendant's motion is supported by evidence, the attack is factual, and Plaintiff cannot rely on his pleadings; rather, Plaintiff was required to submit evidence and prove by a preponderance of the evidence the existence of subject matter jurisdiction."