Angela Clemente v. FBI (ORDER), No. 16-5067 (D.C. Cir. 2018)
Annotate this CaseThis opinion or order relates to an opinion or order originally issued on August 11, 2017.
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United States Court of Appeals FOR THE DISTRICT OF COLUMBIA CIRCUIT ____________ No. 16-5067 September Term, 2017 1:08-cv-01252-BJR Filed On: March 9, 2018 Angela Clemente, Appellant v. Federal Bureau of Investigation, et al., Appellees BEFORE: Garland, Chief Judge; Henderson, Rogers, Tatel, Griffith, Kavanaugh*, Srinivasan, Millett, Pillard, Wilkins, and Katsas, Circuit Judges; Edwards, Senior Circuit Judge ORDER Upon consideration of appellant’s petition for rehearing en banc and the response thereto; appellant’s motion for leave to reply; and the absence of a request by any member of the court for a vote on the petition, it is ORDERED that the motion for leave be denied. It is FURTHER ORDERED that the petition be denied. Per Curiam BY: FOR THE COURT: Mark J. Langer, Clerk /s/ Ken R. Meadows Deputy Clerk * A separate statement by Circuit Judge Kavanaugh, concurring in the denial of rehearing en banc, is attached. United States Court of Appeals FOR THE DISTRICT OF COLUMBIA CIRCUIT ____________ No. 16-5067 September Term, 2017 Kavanaugh, Circuit Judge, concurring in the denial of rehearing en banc: As explained in my separate opinion in Morley v. CIA, 719 F.3d 689 (D.C. Cir. 2013), this Court’s four-factor test for awarding attorney’s fees in FOIA cases is inconsistent with FOIA’s text and structure, and impermissibly favors some FOIA plaintiffs over other equally deserving FOIA plaintiffs. In an appropriate case, I believe that the en banc Court should re-examine and jettison that four-factor test. But for reasons explained by the Government in its response to the petition for rehearing en banc, this case is not an appropriate vehicle for such reconsideration. Page 2
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