Citation Codes Equivalent Citations citation codes Docket Number Civil Action No. H-01-3868. Judges Ewing Werlein See more information ... Smart Summary Please sign up to generate summary. ALVY T. McQUEEN, Plaintiff, v. UNITED STATES OF AMERICA, ET AL., Defendants. ORDER EWING WERLEIN, District Judge Plaintiff has filed a "Motion for Further FOIA Proceedings Consistent with Fifth Circuit Decision" (Document No. 56), to which the United States has filed its response in opposition. The United States Court of Appeals for the Fifth Circuit affirmed the Final Judgment entered in this case and taxed costs against Plaintiff/Appellant. This Court does not interpret the Fifth Circuit's separate remark — that Plaintiff McQueen "is not barred from pursuing a FOIA request" if he is willing to pay the fees — as an implied remand to this Court for further proceedings. To the contrary, in its unqualified affirmance of the Final Judgment that dismissed with prejudice all of Plaintiff's claims, the Fifth Circuit pointedly stated that "[i]t is time for this aged litigation to be put to bed." It follows that if Plaintiff wants to make a FOIA request, he should make it to the governmental agency from which he wishes to obtain information and which can set the fees for that service. This closed case file is not the proper forum for such a request. It is therefore ORDERED that Plaintiff's Motion for Further FOIA Proceedings Consistent with Fifth Circuit Decision (Document No. 56) is in all things DENIED. The Clerk will enter this Order and provide a correct copy to all parties.