You say that there is nothing in FOIA that dispenses with the provisions in Rule 12 of the FRCP and 28 U.S.C. § 1915(e) permitting the court to dismiss the case for failure to state a valid claim. I partially agree with you for different reasons.
I honestly believe we are seeing two sides of the same coin. We both agree that 28 U.S.C. § 1915(e) mirrors Rule 12 of the FRCP language. However, we part paths on how § 28 U.S.C. § 1915(e) is applied in FOIA cases. The reason for this belief is § (a)(4)© which I am reading it together with (a)(4)( of the FOIA, subsection © states that
“Notwithstanding any other provision of law the defendant shall serve an answer or otherwise plead to ‘any complaint’ made under this subsection.”
I am taking Notwithstanding any other provision of law to mean that despite, regardless, of any other provision of law the defendant must file an answer, plead to ‘any FOIA complaint. Which in this case it excludes sua sponte dismissals under 28 U.S.C. § 1915(e), since it instructs the court to wait for the defendants response before it can consider both party’s positions, then it can take defendants word as “gospel” But at least the record is developed on that issue
For this reason I don’t believe that FOIA “dispenses” with Rule 12 of the FRCP but makes clear that there is no getting around a Rule 12 motion to dismiss filed by defendant which lays out its grounds for dismissal or for motion for summary judgment under Rule 56 of the FRCP, allowing the requester to respond to the defendant’s motion.
However I continue to believe that FOIA does exclude dismissals under 28 U.S.C. § 1915(e) before the court receives any pleadings filed by defendant’s which makes an agencies action “unchallengeable” contrary to FOIA. In other words there is difference between being faced with a motion to dismiss filed by agency which is survivable since it allows the issues to be aired out naturally, allowing the record to develop on those issues as intended by FOIA. But it’s impossible to survive a 1915 dismissal based on judges disbelief.
Lastly let me get this right, are you also saying that I could file another FOIA complaint challenging the same denial, at the district court but that lays out a better more accurate or good FOIA claim? Is it possible, are dismissal’s for failure to state a claims refillable?
Again can I get some help in finding a case law that interprets two statutes that supposed to have same function but are in irreconcilably in conflict with each other.