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Maydak v. United States

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA


August 20, 2007

KEITH MAYDAK, ET AL., PLAINTIFFS,
v.
UNITED STATES, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Emmet G. Sullivan United States District Judge

Document No. 323

MEMORANDUM OPINION

Plaintiffs move for reconsideration of the Order of March 30, 2007, "granting the United States summary judgment as to the Secret Squirrel Photo File." Mot. at 1. Plaintiffs advance no supporting argument on this particular issue but rather proceed to discuss the Court's partial resolution of the Inmate Trust Fund Reimbursement Claim. Mem. Op. [Dkt. No. 320] at 2-3. Because their arguments are repetitive of those previously considered and rejected, plaintiffs' motion for reconsideration will be denied.

Also before the Court is defendant's supplemental declaration purportedly addressing the remaining issue with regard to the reimbursement of monies to the inmate trust fund account at FCI McKean. See Mem. Op. at 2. The declaration provides no further insight but simply repeats known information, i.e., that the Fund was reimbursed for "100% of the actual cost of the duplicate photos." Declaration of Roberta J. Fitch [Dkt. No. 321-2] ¶ 5. It does not explain why, consistent with reimbursement at the other affected BOP facilities, defendant did not reimburse to FCI McKean "50 percent of the total cost of the original photos." Mem. Op. at 2. The Court therefore will deny summary judgment to defendant on this claim and direct that an additional deposit be made to the inmate trust fund account at FCI McKean to reflect the omitted amount. Because this will resolve all outstanding issues, the Court will render judgment.*fn1


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