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McLaughlin v. U.S. Dep't of Justice

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA


April 14, 2008

DEMETRIUS MCLAUGHLIN, PLAINTIFF,
v.
U.S. DEPARTMENT OF JUSTICE, DEFENDANT.

The opinion of the court was delivered by: Rosemary M. Collyer United States District Judge

MEMORANDUM OPINION

In response to the Court's Order of January 15, 2008, Defendant Department of Justice has proffered the Declaration of William C. Little, Jr., who confirms that searches of the Tampa District Office of the Drug Enforcement Administration ("DEA") were conducted between December 15, 2006 and February 23, 2007. Little Decl. ¶¶ 29-32 [Dkt. # 29]. See Jan. 15, 2008 Mem. Op. [Dkt. # 27] at 5 (questioning the scope of DEA's search). Based on the current Declaration and the previously considered Declaration of Leila I. Wassom, Mem. Op. at 4-5, the Court finds that DEA conducted an adequate search for records responsive to Demetrius McLaughlin's Freedom of Information Act ("FOIA") request.

Consistent with Mr. McLaughlin's claim concerning 270 pages of omitted records,*fn1 see Mem. Op. at 5, Mr. Little has identified those records as pages that were referred to DEA from the Executive Office for United States Attorneys on April 25, 2007, during the course of this litigation. Little Decl. ¶ 14 & Ex. E. Because an agency's FOIA disclosure obligations extend only to records in its possession at the time of the FOIA request at issue, McGehee v. CIA, 697 F.2d 1095, 1110 (D.C. Cir. 1983), DEA's processing of the records referred to it after the commencement of this action is beyond the scope of this litigation.*fn2

For these reasons and the reasons set forth in the previous Memorandum Opinion, the Court now concludes that Defendant is entitled to judgment as a matter of law. A separate Order accompanies this Memorandum Opinion.


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