In Re: Darrel Riviere

Filing

NOT PRECEDENTIAL PER CURIAM OPINION Coram: MCKEE, Chief Judge, GARTH and SCIRICA, Circuit Judges. Total Pages: 2. HLD-011 (Corrected Opinion has been attached and NDA resent)--[Edited 12/09/2014 by TMM]

Case: 14-1477

Document: 003111814849

Page: 1

RESUBMIT HLD-011

Date Filed: 12/09/2014

NOT PRECEDENTIAL

UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
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No. 14-1477
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IN RE: DARREL RIVIERE,
Petitioner
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On a Petition for Writ of Mandamus from
the District Court of the Virgin Islands
(Related to D.C. Civ. No. 3-12-cv-00050)
__________________________________
Submitted Pursuant to Fed. R. App. Pro. 21
October 1, 2014
Before: MCKEE, Chief Judge, GARTH and SCIRICA, Circuit Judges
(Opinion filed: December 9, 2014)
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OPINION
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PER CURIAM
In April 2012, Petitioner Darrel Riviere sent a request under the Freedom of
Information Act (FOIA), 5 U.S.C. § 552, to the Director of the Virgin Islands High
Intensity Drug Trafficking Area (HIDTA) Task Force, a division of the Department of
Justice (DOJ), seeking documents related to an alleged informant in his criminal case.
Having received no response, Riviere filed suit in July 2012, in the District Court of the
Virgin Islands, seeking an order compelling the agency to produce the documents.

Case: 14-1477

Document: 003111814849

Page: 2

Date Filed: 12/09/2014

Subsequently, on September 28, 2012, the DOJ denied the FOIA request, citing certain
exemptions related to records concerning a third party. In November 2012, Riviere
appealed the denial of the FOIA request to the Office of Information Policy (OIP). The
OIP promptly responded that it was unclear which action Riviere was appealing, and
requested he provide further documentation regarding it. In December 2012, Riviere
allegedly complied with the directive and forwarded all pertinent information, including
his initial FOIA request, to the OIP.
The OIP failed to respond to Riviere’s appeal; in response, in September 2013,
and again in March 2014, Riviere filed motions with the District Court requesting it use
its injunctive powers to order production of the documents. In February 2014, absent
action in the District Court on his complaint, Riviere filed a petition for a writ of
mandamus pursuant to 28 U.S.C. § 1651 with this Court. In his petition, Riviere sought
an order directing the District Court to use its injunctive powers to order the DOJ to
comply with his FOIA request. Subsequently, in an order entered on June 20, 2014, the
District Court dismissed Riviere’s complaint for failure to either pay the filing fee or to
file a request to proceed in forma pauperis. Accordingly, because Riviere’s action is no
longer pending in the District Court, the mandamus petition will be denied as moot.

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