Pinson v. U.S. Dep't of Justice, Civil Action No.: 12-1872 (RC)

• Decision Date: 29 March 2016
• Docket Number: Civil Action No.: 12-1872 (RC)
• Citation: 177 F.Supp.3d 56
• Parties: Jeremy Pinson, Plaintiff, v. U.S. Department of Justice, et al., Defendants.
• Court: U.S. District Court — District of Columbia

177 F.Supp.3d 56

Jeremy Pinson, Plaintiff,

v.U.S. Department of Justice, et al., Defendants.

Civil Action No.: 12-1872 (RC)

United States District Court, District of Columbia.

Signed March 29, 2016

Theodore C. Whitehouse, Willkie Farr & Gallagher LLP, Washington, DC, for Plaintiff.

Damon William Taaffe, Carl Ezekiel Ross, Jesse Dyer Stewart, Eric Joseph Young, U.S. Attorney's Office for the District of Columbia, Washington, DC, for Defendants.

MEMORANDUM OPINION

GRANTING IN PART AND DENYING IN PART DEFENDANTS' MOTION FOR PARTIAL SUMMARY JUDGMENT

RUDOLPH CONTRERAS, United States District Judge

I. INTRODUCTION

Pro se Plaintiff Jeremy Pinson is currently an inmate at ADX Florence, a federal prison located in Colorado. While in prison, Mr. Pinson has filed multiple Freedom of Information Act (“FOIA”), 5 U.S.C. § 552, requests with different components of the U.S. Department of Justice (“DOJ”). On several occasions, the DOJ has asked Mr. Pinson to clarify his records requests, told him that it could not find records that are responsive to his requests, or informed him that the records he sought were exempt from disclosure by law. Mr. Pinson took issue with some of these determinations, so he filed a complaint claiming that the DOJ improperly withheld numerous records from him in violation of FOIA. In response, the DOJ filed several pre-answer motions, each asking the Court to dismiss or grant summary judgment in its favor on different portions of Mr. Pinson's complaint.

Now before the Court is the DOJ's motion for partial summary judgment as to Mr. Pinson's numerous FOIA requests submitted to the Federal Bureau of Investigation (“FBI”). Defs.' Mot. Summ. J., ECF No. 137. As to his FOIA requests, Mr. Pinson alleges that the FBI responded improperly to twenty-three numbered requests that he submitted between 2010 and 2013, and that it unlawfully “refused to release” information on those requests. See Corr. 2d Am. Compl. at 6–7, ECF No. 32. He further claims that the FBI failed to respond altogether to twelve additional, unnumbered requests.¹ Id. at 7–8. DOJ's motion for partial summary judgment addresses all twenty-three numbered claims and all twelve unnumbered requests, and argues: (1) as to seven of the unnumbered requests, that there is no record of Mr. Pinson having properly submitted them; (2) as to seventeen of the numbered requests and three of the unnumbered requests, that Mr. Pinson failed to exhaust his administrative remedies; and (3) as to thirteen of the numbered requests, that the FBI responded in accordance with FOIA by conducting an adequate search for responsive documents and releasing any non–exempt information to Mr. Pinson. See generally Defs.' Mem. Supp. Mot. Partial Summ. J., ECF No. 137 (hereinafter “Defs.' Mem. Supp.”).

For the reasons set forth below, the Court will grant in part and deny in part the DOJ's motion for partial summary judgment.

II. FACTUAL BACKGROUND

A. Requests Without Appeals

With respect to several requests that the FBI processed and to which it provided a response, the DOJ claims that Mr. Pinson failed to file an appeal and, therefore, failed to exhaust his administrative remedies.

1. Request No. 1153107

On August 17, 2010, Mr. Pinson submitted a request to the FBI seeking records from the Alabama field office concerning a referral of a criminal matter for investigation at the Federal Correctional Institution in Talladega, Alabama involving himself. See Corr. 2d Am. Compl. at 6; Hardy Decl. ¶ 6 & Ex. A, ECF No. 137-3. By letter dated September 1, 2010, the FBI acknowledged receipt of Mr. Pinson's request and assigned the request number 1153107. Hardy Decl. ¶ 7 & Ex. B. The FBI responded to Mr. Pinson's request on November 18, 2010, releasing two pages with redactions pursuant to Privacy Act Exemption (j)(2) and FOIA Exemptions 6 and 7(C). See Hardy Decl. ¶ 8 & Ex. C.

2. Request No. 1178465

On November 21, 2011, Mr. Pinson submitted a request to the FBI for records “produced as a result of the visit by 2 FBI Agents on Nov. 1, 2011 to the U.S. Penitentiary Max in Florence, Colorado who spoke to me and took notes of my answers to their questions.” Hardy Decl. ¶ 10 & Ex. D. The FBI acknowledged the request and assigned the request number 1178465 on December 6, 2011. Id. ¶ 11 & Ex. E. By letter dated April 20, 2012, the FBI released three pages with redactions pursuant to the Privacy Act Exemption (j)(2) and FOIA Exemptions 6 and 7(C). Id. ¶ 12 & Ex. F.

3. Request No. 1186051

On March 4, 2012, Mr. Pinson submitted a request to the FBI seeking access to records relating to “[a]ll criminal matters referred for investigation by the Bureau of Prisons during 2010–2011 arising from the U.S. Penitentiary Administrative Maximum at Florence, CO” and “[a]ll ... records produced in connection with a 12-2-2011 interview of [Mr. Pinson] by Special Agent.” Hardy Decl. ¶ 14 & Ex. G. Mr. Pinson requested that “no more than 2 hours search time and up to 500 pages of information be produced.” Id. After acknowledging Mr. Pinson's request on April 5, 2012, and assigning the request number 1186051, the FBI on September 28, 2012, released three pages with redactions pursuant to the Privacy Act Exemption (j)(2) and FOIA Exemptions 6 and 7(C). See id. ¶¶ 15, 16 & Ex. H.

4. Request No. 1192365

On May 17, 2012, Mr. Pinson submitted a request to the FBI seeking access to records from 2006–2010 relating to the “investigations of inmate on inmate assaults at the U.S. Penitentiary in Atwater California involving inmate Edwin Ivan Guzman-Garcia and or inmate on staff assaults,” as well as “any other information maintained by [the FBI] about Mr. Guzman located in [the FBI's] California, Los Angeles, or Gadsden, Alabama field/RA offices.” Hardy Decl. ¶ 18 & Ex. I. Mr. Pinson requested “no more than 2 hours search time and 300 pages of information.” Id. The FBI acknowledged the request and assigned the request number 1192365. Id. ¶ 19 & Ex. J. In the acknowledgement, the FBI explained that express authorization and consent of the third party, Mr. Guzman, whom the request implicated, was needed to release the information, and the FBI accordingly attached a “Certification of Identity” form for Mr. Guzman to complete. Id. Around June 21, 2012, Mr. Pinson returned the completed Certification of Identity form to the FBI, and on July 9, 2012, the FBI acknowledged receipt. Id. ¶¶ 20–21 & Exs. K, L. On November 16, 2012, the FBI advised Mr. Pinson that it had reviewed 263 pages responsive to his request and that all pages were being withheld pursuant to FOIA Exemptions 6, 7(C), and 7(F). Id. ¶ 22 & Ex. M.

5. Request No. 1194851

On July 8, 2012, Mr. Pinson submitted a request to the FBI for records from the Houston field office “regarding, referencing or containing the name Ismael Eduardo Guzman, including investigative reports, transcripts, photographs, records, memorandums, electronic files or data, emails, video or audio recordings, and any other available information.” Hardy Decl. ¶ 38 & Ex. Z. Mr. Pinson included Mr. Guzman's signed Certification of Identity form authorizing the FBI to release the responsive records to Mr. Pinson. Id. The FBI acknowledged receipt and assigned the request number 1194851 on July 19, 2012. Id. ¶ 39 & Ex. AA. By letter dated July 31, 2012, the FBI advised Mr. Pinson that it was unable to identify any main files responsive to his request. Id. ¶ 40 & Ex. BB. When the letter was returned to the FBI as not deliverable around August 25, 2012, the FBI resent the letter to Mr. Pinson's proper address on February 13, 2013. Id. ¶ 40 n. 4.

6. Request No. 1199194

In August 2012, Mr. Pinson submitted a request to the FBI for records “regarding investigations of the California Aryan Brotherhood.” See Corr. 2d Am. Compl. at 6; Hardy Decl. ¶ 28 & Ex. Q. The FBI acknowledged receipt of the request and assigned the request number 1199194 on September 27, 2012. Hardy Decl. ¶ 29 & Ex. R. By letter dated October 1, 2012, the FBI informed Mr. Pinson that the information requested on the California Aryan Brotherhood could be accessed free of charge online at the FBI's Vault. Id. ¶ 30 & Ex. S.

7. Request No. 1199202

In August 2012, Mr. Pinson submitted a request to the FBI for records “regarding investigations of the California Mexican Mafia,” to which the FBI assigned the request number 1199202. See Corr. 2d Am. Compl. at 6; Hardy Decl. ¶¶ 24, 25 & Exs. N, O. By two separate letters dated September 27, 2012, the FBI both acknowledged receipt of the request and advised Mr. Pinson that the information requested on the California Mexican Mafia could be accessed free of charge online at the FBI's Vault, the FBI's electronic reading room. Hardy Decl. ¶¶ 25, 26 & Exs. O, P.

8. Request No. 1202477

By letter dated October 14, 2012, Mr. Pinson submitted a request to the FBI seeking records pertaining to “the death of an individual known as Imam Luqman Abdullah on or about 10–28–10.” Hardy Decl. Ex. NN. The FBI acknowledged the request and assigned the request number 1202477. See id. ¶ 54 & Ex. OO. In the acknowledgement, the FBI explained that express authorization and consent of the third party, Mr. Abdullah, whom the request implicates, was needed to release the information, and the FBI accordingly attached a “Certification of Identity” form for Mr. Abdullah to complete. Id.

9. Request No. 1210449

On February 27, 2013, Mr. Pinson submitted a request to the FBI seeking “production of FBI File No. 90–DN–C50642.” See Corr. 2d Am. Compl. at 7; Hardy Decl. ¶ 69 & Ex. BBB. By letter dated March 18, 2013, the FBI acknowledged receipt and assigned the request number 1210449. Hardy Decl. ¶ 70 & Ex. CCC. A few weeks later, by letter dated April 4, 2013, the FBI advised Mr. Pinson that it had located pages responsive to his request and he would owe a duplication fee for processing. Id. ¶ 71 & Ex. DDD. On April 9, 2013, Mr. Pinson agreed to pay the fees and also requested the release to be sent to “Attorney Edwin Aro” in Denver. Id. ¶ 72 & Ex....