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Calhoun v. FBI, No. 13-20094, 2013 WL 5935003 (5th Cir. November 6, 2013) (per curiam)
November 6, 2013 Posted by

Re: Appeal from district court’s dismissal of lawsuit arising from request for records concerning requester

Disposition: Affirming district court’s grant of defendant’s motion for summary judgment

  • Litigation Considerations, Mootness and Other Grounds for Dismissal:  The court holds “that a viable case or controversy no longer remained.”  The court explains that “[e]ven assuming that, prior to filing his action, [plaintiff] had exhausted his administrative remedies regarding [defendant's] lack of response to his FOIA requests, the district court correctly determined that [plaintiff's] action was rendered moot when [defendant] produced responsive records.”
  • Litigation Considerations, Exhaustion:  The court holds that “to the extent [plaintiff] has claims that were not mooted by [defendant's] production of records, those claims were properly dismissed.”  The court explains that “if [plaintiff] wishes to contest the absence of such records, he must do so through the appropriate administrative appeals process.”
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