Opinion
No. 1129
06-21-2016
TONY EVANS v. STATE OF MARYLAND
UNREPORTED
Krauser, C.J., Nazarian, Moylan, Charles E., Jr. (Retired, Specially Assigned), JJ. PER CURIAM *This is an unreported opinion, and it may not be cited in any paper, brief, motion, or other document filed in this Court or any other Maryland Court as either precedent within the rule of stare decisis or as persuasive authority. Md. Rule 1-104.
Tony Evans, appellant, appeals the judgment of the Circuit Court for Baltimore City granting the appellee's motion for summary judgment and its dismissal of his petition for judicial review. The petition was filed after the Office of the State's Attorney for Baltimore City (the "agency") failed to satisfy appellant's request for information he was seeking under the Maryland Public Information Act. We have thoroughly reviewed the record and find no error. Evan's petition for judicial review was filed more than thirty days after he was informed of the agency's inability to produce the documents he was seeking and, thus the petition was untimely. See Maryland Rule 7-203 (a petition for judicial review shall be filed within 30 days of the agency's action). Moreover, summary judgment was properly granted because there was no factual dispute that the agency could not produce the documents because they had shredded them in accordance with the agency's internal retention policy.
JUDGMENT OF THE CIRCUIT COURT FOR BALTIMORE CITY AFFIRMED. COSTS TO BE PAID BY APPELLANT.