provided Plaintiff with all the information to which he is entitled, and has properly withheld information where appropriate.
Federal Bureau of Investigation
As to the documents that have been referred to the FBI for processing, the FBI cites Open America v. Watergate Special Prosecution Force, 178 U.S. App. D.C. 308, 547 F.2d 605 (D.C. Cir. 1976) in its motion to stay proceedings until September 1997. The documents in question consist of 30 pages of responsive material forwarded by EOUSA and 9 pages forwarded by the Secret Service (Kloss PP 2, 4).
While the amount of time that the FBI has requested might seem difficult to justify, the Court recognizes that the FBI has a large backlog and a queue. Because of the small number of documents, the Court once again urges the FBI to set up an "express lane."
The FBI indicates that the documents will not even be assigned for review for almost a year, after which the FBI estimates it will need a five month review period. Requiring five months to review 39 pages is difficult to justify. Despite this, the Court recognizes the FBI's predicament and will give the FBI the time if requests to complete its work. Accordingly, this Court will order the FBI to complete the processing of the remaining documents and reply to Plaintiff by September 8, 1997.
Defendants BOP, EOUSA, and the Secret Service have submitted unrefuted sworn declarations attesting to the thoroughness of their searches. These declarations further document the release to the Plaintiff of several hundred pages of responsive documents (Bloodgood P 3, Roberts PP 6-8, Boseker P 14, Griffin P 24). Where information has been redacted or withheld, Defendants have provided a reasonable explanation under an appropriate FOIA exemption. Based upon the record before it, this Court will grant these Defendants' motions for summary judgment. Defendant FBI's need for additional time is recognized and the FBI will be directed to complete its processing of Plaintiff's request according to the time table it requested. Having made all necessary decisions with regard to Plaintiff's FOIA suit, this Court will dismiss this case with the understanding that if the FBI does not comply with this Court's mandate the Plaintiff may renew his request for relief.
United States District Judge
This matter comes before the Court on Defendants' Bureau of Prisons, Executive Office of U.S. Attorneys, and U.S. Secret Service motions for summary judgment and Defendant Federal Bureau of Investigation's motion for a stay of proceedings until September 8, 1997. Upon consideration of the entire record, it is hereby
ORDERED that Defendant Bureau of Prisons' motion is GRANTED, and it is further
ORDERED that Defendant Executive Office of U.S. Attorney's motion is GRANTED, and it is further
ORDERED that Defendant U.S. Secret Service's motion is GRANTED, and it is further
ORDERED that Defendant Federal Bureau of Investigation's motion is GRANTED. It is further
ORDERED that the Federal Bureau of Investigation will complete the processing of all outstanding FOIA requests concerning the Plaintiff by September 8, 1997. It is further
ORDERED that Plaintiff's Complaint be DISMISSED.
This Court retains jurisdiction to issue further Orders as may be necessary to effectuate this decision.
United States District Judge