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16-704 - Simon v. Federal Bureau of Prisons


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16-704 - Simon v. Federal Bureau of Prisons
August 29, 2016
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REPORT AND RECOMMENDATION recommends 1. The BOP's motion to dismiss for lack of jurisdiction (ECF No. 16) should be GRANTED because Plaintiff's claim that the BOP failed to comply with 5 U.S.C. § 552(a)(6)(A) is moot. This action should be DISMISSED. 2. Plaintiff's request for recovery of attorney's fees should be DENIED because he is not eligible to recover fees as a pro se litigant. 3. Plaintiff's request for recovery of costs should be DENIED. He is not eligible to recover costs because he has not "substantially prevailed" within the meaning of 5 U.S.C. § 552(a)(4)(E). Signed by Magistrate Judge Katherine M. Menendez on 8/29/16. (LPH) cc: Simon
September 20, 2016
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ORDER ADOPTING 32 Report and Recommendation, granting 16 Motion to Dismiss of Jurisdiction filed by Federal Bureau of Prisons. Plaintiff's requests for recovery of attorney's fees and costs are DENIED (Written Opinion). Signed by Judge Ann D. Montgomery on 9/20/2016. (JME) cc: Deft on 9/20/2016 (LPH).