United States v. Ward, No. 18-067, 2023 U.S. Dist. LEXIS 225561 (E.D. Okla. Dec. 19, 2023) (White, J.)

United States v. Ward, No. 18-067, 2023 U.S. Dist. LEXIS 225561 (E.D. Okla. Dec. 19, 2023) (White, J.)

Re:  Request for “‘[a]ny and all discovery materials in regard to” the above-styled criminal case’”

Disposition:  Dismissing plaintiff’s motion without prejudice

• Litigation Considerations, Exhaustion of Administrative Remedies & Pleadings:  The court holds that “[a]s to the Freedom of Information Act (FOIA) request, the document reads as an initial request, which [the] court may not consider.”  “[The] court is only empowered to review an adverse FOIA decision already made by an agency.”  “Also, the court is persuaded that FOIA envisions that federal courts will only hear such challenges in a separate civil action, not in a motion filed in a now-closed criminal case.”