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Geronimo v. Executive Office for United States Attorneys

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA


November 1, 2006

MANUEL A. GERONIMO, PLAINTIFF,
v.
EXECUTIVE OFFICE FOR UNITED STATES ATTORNEYS, DEFENDANT.

The opinion of the court was delivered by: John D. Bates United States District Judge

MEMORANDUM

This action brought under the Freedom of Information Act ("FOIA"), 5 U.S.C. § 552, is before the Court on defendant's unopposed motions for summary judgment.*fn1 Plaintiff was advised pursuant to Fox v. Strickland, 837 F.2d 507 (D.C. Cir. 1988), and Neal v. Kelly, 963 F.2d 453 (D.C. Cir. 1992), about his obligation to respond to each motion. See Orders of March 24, 2006, May 19, 2006, and September 11, 2006. However, plaintiff has never responded to any of the motions. He did file an interlocutory appeal on August 9, 2006. But because neither a final appealable order nor an order staying the case has been entered, this Court maintains jurisdiction. See 28 U.S.C. § 1292(b) (An "application for an [interlocutory] appeal [] shall not stay proceedings in the district court unless the district judge or the Court of Appeals or a judge thereof shall so order."). Having considered each of defendant's three motions in light of the uncontested statements of material facts and supporting evidence, the Court concludes that defendant has satisfied its obligations under the FOIA and is entitled to judgment as a matter of law on those motions. A separate Order consistent with this conclusion accompanies this Memorandum.


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