The opinion of the court was delivered by: SPORKIN
This matter comes before the Court on Defendants' Bureau of Prisons, Executive Office for U.S. Attorneys, and U.S. Secret Service motions for dismissal/summary judgement and Defendant Federal Bureau of Investigation's motion for a stay of proceedings. Plaintiff filed this pro se complaint under the Freedom of Information Act (FOIA) pursuant to 5 U.S.C. § 552.
SUMMARY JUDGMENT STANDARD
Pursuant to Federal Rule of Civil Procedure 56(c), summary judgment "shall be rendered forthwith if the pleadings, depositions, answers to interrogatories, and admissions on file, together with affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law." Mere allegations or denials of the adverse party's pleadings are not enough to prevent issuance of summary judgment. The adverse party's response to the summary judgment motion must "set forth specific facts showing that there is a genuine issue for trial." Fed. R. Civ. Pro. 56(e).
The Supreme Court set forth the governing standards for issuance of summary judgment in Celotex Corp. v. Catrett, 477 U.S. 317, 91 L. Ed. 2d 265, 106 S. Ct. 2548 (1986). In Celotex, the Supreme Court recognized the vital need for summary judgment motions to the fair and efficient functioning of the justice system:
Summary judgment procedure is properly regarded not as a disfavored procedural shortcut, but rather as an integral part of the Federal Rules as a whole, which are designed "to secure the just, speedy and inexpensive determination of every action." Fed. Rule Civ. Pro. 1....
Id. at 327. (citation omitted).
The moving party is entitled to summary judgment where "the non-moving party has failed to make a sufficient showing on an essential element of his case with respect to which she has the burden of proof." Celotex at 323. Any factual assertions contained in affidavits and other evidence in support of the moving party's motion for summary judgment shall be accepted as true unless the facts are controverted by the non-moving party through affidavits or other documentary evidence. See Local Rule 108(h).
Summary judgment is available to the defendant in an FOIA case when the agency proves that it has fully discharged its obligations under the FOIA, after the underlying facts and inferences to be drawn from them are construed in the light most favorable to the FOIA requester. Miller v. United States Department of State, 779 F.2d 1378, 1382 (8th Cir. 1985), citing Weisberg v. U.S. Department of Justice, 227 U.S. App. D.C. 253, 705 F.2d 1344, 1350 (D.C. Cir. 1983).
BOP, EOUSA, and the Secret Service have submitted sworn declarations detailing the type of search conducted, the information produced, and the applicable exemptions for materials that have been withheld or redacted. The Plaintiff has failed to reply to the various agencies' sworn declarations. The Court finds all factual assertions contained within those ...