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Mermelstein v. U.S. Dept. of Justice Fed. Bur. of Investigation

FOIA Suits Involved Same Causes of Action, Are Barred by Doctrine of Res Judicata

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MEMORANDUM & ORDER Before the Court is defendant1 United States Department of Justice Federal Bureau of Investigation’s motion to dismiss plaintiff’s complaint pursuant to Rule 12 of the Federal Rules of Civil Procedure. ECF No. 18.2 Plaintiff Joseph Mermelstein brings this Freedom of Information Act (“FOIA”) action seeking records from the Federal Bureau of Investigation (“FBI”). For the reasons stated below, defendant’s motion is GRANTED, and plaintiff’s complaint is dismissed with prejudice. BACKGROUND In July 2023, plaintiff submitted a FOIA request to the FBI for “all records” relating to plaintiff. Compl. 6, ECF No. 1; Compl. Ex. A (the “2023 Request”). Through the 2023 Request, plaintiff seeks production of records relating to plaintiff’s indictments and convictions in federal court for medical insurance fraud, for which he was incarcerated until 2015. Compl. 5. Specifically, the 2023 Request seeks records that included any conversations between plaintiff and another named individual between October and December 2005 (the “2005 Records”). Compl. Ex. A. The 2023 Request specified twelve search terms and two FBI databases, the Electronic Surveillance System (ELSUR) at the FBI Headquarters and the FBI New York Field Office. Compl.

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