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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

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