United States v. Viola

Full title: UNITED STATES OF AMERICA Plaintiff, v. ANTHONY L. VIOLA, Defendant.

Court: UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION

Date published: Feb 27, 2015

CASE NO.: 1:08 CR 506 (N.D. Ohio Feb. 27, 2015)

Opinion

CASE NO.: 1:08 CR 506

02-27-2015

UNITED STATES OF AMERICA Plaintiff, v. ANTHONY L. VIOLA, Defendant.

JUDGE DONALD C. NUGENT

MEMORANDUM OPINION AND ORDER

This matter is before the Court on Defendant, Anthony L. Viola's Motion to Compel Production of FBI Records. (ECF #470). Mr. Viola sought production of certain records from the FBI, which request was denied. He appealed the denial to the U.S. Department of Justice, Office of Information Policy, which remanded the request for further processing of all "releasable records." Apparently unsatisfied with the time it is taking the FBI to respond, Mr. Viola now requests this Court to compel production of all records responsive to his record request by a date certain.

The Court, however, cannot consider Mr. Viola's request at this time because there are now two notices of appeal filed by Mr. Viola which divest this Court of jurisdiction over the case. See, United States v. Garcia-Robles, 562 F.3d 763 (6^th Cir. 2009). Further, Mr. Viola has no standing to file a motion to compel because he has not exhausted his administrative remedies under the Freedom of Information Act 5 U.S.C. § 552(a)(4)(B) and (C). See, United States v. Reed, 1994 WL 524088 (6^th Cir. Sept. 26. 1994), citing In re Steele, 799 F.2d 461. 465-66 (9^th Cir. 1986). Mr. Viola asserts that he has already pursued his administrative remedies through his original appeal of the FBI's blanket denial, and, in fact, that issue was appealed and resolved in his favor. However, Mr. Viola has not utilized his administrative remedies under the FOIA for the delay in processing and production post-remand. Consequently, there is no administrative record that this Court could review, relating to the determination of what records are or should be releasable, and why the production of any such documents has taken over a year to complete.

Mr. Viola must resolve his appeals, and address his current complaints through the proper FOIA administrative procedures before this Court may intercede in any way. Defendant's Motion to Compel (ECF #470) is, therefore, DENIED. IT IS SO ORDERED.

/s/_________

DONALD C. NUGENT

United States District Judge
DATED:February 27, 2015