Prison Legal News v Lappin, DC, Order, BOP public records, 2009
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Case 1:05-cv-01812-RBW Document 60 Filed 03/26/2009 Page 1 of 2 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA ____________________________________ ) PRISON LEGAL NEWS, ) ) Plaintiff, ) ) v. ) Civil Action No. 05-1812 (RBW) ) HARLEY G. LAPPIN, DIRECTOR, ) FEDERAL BUREAU OF PRISONS, ) ) Defendant. ) ) ____________________________________) ORDER For the reasons set forth in the accompanying Memorandum Opinion, it is hereby ORDERED that the plaintiff's motion for summary judgment is GRANTED. It is further ORDERED that the defendant's motion for summary judgment is DENIED WITHOUT PREJUDICE. It is further ORDERED that the Bureau must either conduct anew its searches for the records sought by the plaintiff or submit an affidavit or alternative submission that adequately demonstrates – consistent with the accompanying memorandum opinion – that the Bureau employed search methods reasonably likely to lead to the discovery of records responsive to the plaintiff's request and that the responsive documents and parts of documents not produced to the plaintiff have properly been withheld under the FOIA exemptions claimed by the Bureau. It is further ORDERED that the parties shall submit a joint scheduling order proposing how they wish to resolve this case within thirty days of the issuance of this Order. Case 1:05-cv-01812-RBW Document 60 Filed 03/26/2009 Page 2 of 2 SO ORDERED this 26th day of March, 2009. _________/s/______________ REGGIE B. WALTON United States District Judge 2