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THOMAS v. DEPARTMENT OF HEALTH AND HUMAN SERVICES

Civil Action No. 08-0831 (ESH).

587 F.Supp.2d 114 (2008)

Herbert THOMAS, Plaintiff, v. DEPARTMENT OF HEALTH AND HUMAN SERVICES, FOOD AND DRUG ADMINISTRATION, Defendant.

United States District Court, District of Columbia.

November 18, 2008.

Attorney(s) appearing for the Case

Herbert Thomas, Stormville, NY, pro se.

Andrea McBarnette, U.S. Attorney's Office, Washington, DC, for Defendant.

MEMORANDUM OPINION AND ORDER

ELLEN SEGAL HUVELLE, District Judge.

Plaintiff Herbert Thomas, a prisoner proceeding in forma pauperis and pro se, filed this complaint under the Freedom of Information Act ("FOIA"), 5 U.S.C. § 552, seeking declaratory and injunctive relief against the defendant Food and Drug Administration ("FDA"), and asserting that because the FDA had failed to timely respond to his administrative appeal, he had constructively...

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