Van Jenkins v. U.S. Dep't of Justice, Civil Action No. 16–1676 (CKK)
Decision Date | 11 July 2017 |
Docket Number | Civil Action No. 16–1676 (CKK) |
Citation | 263 F.Supp.3d 231 |
Parties | Van JENKINS, Plaintiff, v. U.S. DEPARTMENT OF JUSTICE, Defendant. |
Court | U.S. District Court — District of Columbia |
Van Jenkins, Carson City, MI, pro se.
Christopher Charles Hair, Michael Benjamin Posner, U.S. Attorney's Office for the District of Columbia, Washington, DC, for Defendant.
This matter is before the Court on Defendant's Motion for Summary Judgment and to Dismiss, ECF No. 15. For the reasons discussed below, the Court will grant the motion.1
Plaintiff currently is incarcerated at the Parnall Correctional Facility in Jackson, Michigan. Compl. ¶ 5. He alleges that "[d]efendant holds Records and Bonds information, Judgment information and/or Commercial crimes Bonding Information and/or Case Bonding information and/or commercial crimes Bonding information Certificate," id. ¶ 9, about him, see id. ¶ 10.
Under the Freedom of Information Act ("FOIA"), see 5 U.S.C. § 552, plaintiff submitted a request for information to the United States Attorney's Office for the Eastern District of Michigan, and its caption read:
Compl., Ex. A–1 (Letter to Nancy Aishie A. Abraham from plaintiff dated May 3, 2016) (emphasis in original). The request made its way to the Executive Office for United States Attorneys ("EOUSA"), a component of the United States Department of Justice ("DOJ"). Id. ¶ 12.
EOUSA staff construed the request as one for information about two criminal cases in the Michigan state courts. Mem. of P. & A. in Support of Def.'s Mot. for Summ. J. and to Dismiss ("Def.'s Mem."). Decl. of David Luczynski ("Luczynski Decl.") ¶ 3. EOUSA's declarant explained that "DOJ does not prosecute state cases in Michigan, and [it] was not involved in the cases for which plaintiff seeks information." Luczynski Decl. ¶ 4. "Because plaintiff [sought] information about state (rather than federal) cases, no DOJ system of records is likely to contain any records sought by plaintiff." Id. Nevertheless, EOUSA staff assigned the matter a tracking number (FOIA–2016–2583) and notified plaintiff that his request was incomplete because he had "not provide[d] a notarized example of his signature or a certification of identity." Id. ¶ 5. Plaintiff was instructed to "file a new, corrected FOIA request." Id.
Plaintiff resubmitted his request, Compl. ¶ 13, and filed an administrative appeal to the DOJ's Office of Information Policy ("OIP") both challenging the EOUSA's purported delay in responding to his original FOIA request and requesting expedited processing of the appeal, id. ¶¶ 13–16; see Luczynski Decl, Ex. E (Letter to Director of OIP from plaintiff dated July 13, 2016). EOUSA staff assigned the request a tracking number (FOIA–2016–3203) and notified plaintiff that his second request was deficient also. Luczynski Decl. ¶ 7. "[F]iles and records of United States Attorneys are maintained in over one hundred separate offices throughout the United States," Compl., Ex. C–3 (Letter to plaintiff from dated July 19, 2016) at 1, and unless plaintiff identified "the specific United States Attorney's [O]ffice(s) where he believed the records may be located," the EOUSA would not process his request, Luczynski Decl. ¶ 7. Plaintiff was instructed to correct the deficiency and to file a new FOIA request. Id. Aside from the July 13, 2016 administrative appeal to the OIP, id. ¶ 9, "DOJ has not received any further communication from ... plaintiff," id. ¶ 10.
An "agency, upon any request for records which (i) reasonably describes such records and (ii) is made in accordance with published rules stating the time, place, fees (if any), and procedures to be followed, shall make the records promptly available to any person." 5 U.S.C. § 552(a)(3)(A). "Omitting one of the two threshold requirements for a proper FOIA request ... warrants dismissal." Lowe v. DEA , No. 06-CV-1133, 2007 WL 2104309, at *5 (D.D.C. July 22, 2007) (citations omitted). Records are reasonably described "if a professional employee of the agency familiar with the subject matter can locate the records with a reasonable amount of effort." Armstrong v. Bush , 139 F.R.D. 547, 553 (D.D.C. 1991) (citations and internal quotation marks omitted). If an agency's response to a FOIA request calls for "an unreasonably burdensome search," Am. Fed'n of Gov't Employees, Local 2782 v. U.S. Dep't of Commerce, 632 F.Supp. 1272, 1278 (D.D.C. 1986) (citing Goland v. CIA , 607 F.2d 339, 353 (D.C. Cir. 1978) ), the agency need not honor the request.
The EOUSA requires that a requester specify the particular United States Attorney's Office(s) where he believes the desired information is located. Its declarant explains:
A search of every United States Attorney's office for a case related to [plaintiff] would be unreasonably burdensome because each United States Attorney's office handles record-keeping differently. They vary greatly in size and number of staff as well as the amount of cases handled. Due to these variations, larger offices have larger record-keeping filing systems, or even off site storage, while smaller offices have dedicated file rooms or cabinets on the premises. Asking each of the offices, large and small, to ... examine each of their files and storage boxes would be unduly burdensome. In addition, most U.S. Attorney's offices are understaffed. Accordingly, requesters are required to provide the location of the office(s) in which they [believe] records are most likely to be held so as to ease the burden on the staff as well as to expedite the FOIA process.
Plaintiff responds that he submitted his FOIA request initially to the United States Attorney's Office for the Eastern District of Michigan. Pl.'s Opp'n ¶ 42. For this reason, plaintiff argues that defendant "already knew" that he sought records located in the Eastern District of Michigan. Id. ¶¶ 43–44. It was plaintiff's obligation to reasonably describe the records he seeks, and neither of his FOIA requests identifies the Eastern District of Michigan as the targeted office.
The Court concludes that plaintiff did not submit a proper FOIA request, Keys v. Dep't of Homeland Sec. , No. 08-CV-0726, 2009 WL 614755, at *5 (D.D.C. Mar. 10, 2009) ( ), and the EOUSA's responses did not violate the FOIA.2
Ordinarily, "[i]n order to obtain summary judgment[,] the agency must show that it made a good faith effort to conduct a search for the requested records, using methods which can be reasonably expected to produce the information requested." Oglesby v. U.S. Dep't of the Army , 920 F.2d 57, 68 (D.C. Cir. 1990) (citations omitted). However, the agency need not conduct a search if it demonstrates that a search would be futile. See Amnesty Int'l USA v. CIA , No. 07-CV-5435, 2008 WL 2519908, at *11 (S.D.N.Y. June 19, 2008) ().
EOUSA's declarant explains that "DOJ does not prosecute state cases in Michigan, and [it] was not involved in the [criminal] cases" identified by plaintiff in his FOIA requests. Luczynski Decl. ¶ 4. Thus, he concludes, "no DOJ system of records is likely to contain any records sought by plaintiff." Id. The Court is not persuaded by plaintiff's assertion that defendant must have responsive records because "[t]he United States District Court purchases all State Court Judgments," and the criminal court case numbers he provided are the means by which "to find who hold[s] a Defendant's Bond." Pl.'s Opp'n ¶ 9; see id. ¶¶ 10–18.3 Nor is there any reason to treat defendant's compliance with DOJ procedures for handling a FOIA request, see id. ¶¶ 37, 42, as an admission that the EOUSA maintains (and refuses to disclose) responsive records.
An agency need only search files that are likely to contain responsive records. See Oglesby , 920 F.2d at 68. Where, as here, defendant demonstrates the "unlikelihood of the existence of any responsive agency records," Wright v. Admin. for Children & Families , No. 15-CV-218, 2016 WL 5922293, at *6 (D.D.C. Oct. 11, 2016), the EOUSA was not required to conduct a search at all, see Earle v. U.S. Dep't of Justice , 217 F.Supp.3d 117, 124 (D.D.C. 2016) ( ).
Plaintiff deems defendant's failure to respond to his FOIA request and request for expedited processing a violation of the Administrative Procedure Act ("APA"). See Compl. ¶¶ 27, 29–30. "The APA permits judicial review of ‘final agency action[s] for which there is no other adequate remedy in a court.’ " Elec. Privacy Info. Ctr. v. Nat'l Sec. Agency , 795 F.Supp.2d 85, 94 (D.D.C. 2011) (quoting 5 U.S.C. § 704 ). Here, plaintiff is demanding the release of records purportedly maintained by a federal government agency. "[A]n adequate alternative remedy is available under FOIA with respect to all of the relief [p]laintiff seeks in [his] APA claim." Cause of Action Inst. v. Eggleston , 224 F.Supp.3d 63, 75 (D.D.C. 2016). Therefore, the Court will dismiss plaintiff's APA claim. See Harvey v. Lynch , 123 F.Supp.3d 3, 8 (D.D.C. 2015) (...
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