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ANDERSON v. U.S. MARSHALS SERV.

October 23, 1996

MELVIN ANDERSON, Plaintiff,
v.
U.S. MARSHALS SERVICE, et al., Defendants.



The opinion of the court was delivered by: SPORKIN

 This matter comes before the Court on defendants' motion for summary judgment. Plaintiff is proceeding pro se in this matter. In his complaint, plaintiff seeks injunctive relief under the Freedom of Information Act ("FOIA"), 5 U.S.C. ยง 552 (1994), to obtain from the U.S. Marshals Service ("USMS"), the Executive Office of United States Attorneys ("EOUSA"), and the Federal Bureau of Prisons (BOP) records relating to him.

 The plaintiff seeks an order from this Court under FOIA requiring the defendants to disclose a copy of a court order authorizing his release to the USMS from April 28, 1992 to August 13, 1992, and all other records pertaining to the plaintiff. The defendants respond that all available records have been released pursuant to FOIA and move for summary judgment on the grounds that there are no material facts in dispute and defendants are entitled to judgement in their favor as a matter of law. Fed. R. Civ. P. 56.

 BACKGROUND

 By a letter dated October 14, 1994, the plaintiff sent a request to the U.S. Marshal Service ("USMS") for a copy of all records pertaining to him from September 1987 to the present. After a search of its records, the USMS found 129 pages of material pertaining to the plaintiff. The USMS processed 101 pages of the material. The remaining 28 pages of material originated in other departments and were referred to those departments for their review: the Executive Office of U.S. Attorneys ("EOUSA") (5 pages); the Federal Bureau of Prisons ("BOP") (22 pages); and the Federal Bureau of Investigations *fn1" ("FBI") (1 page).

 After processing the records, the USMS, EOUSA, and BOP, sent the plaintiff approximately 93 pages of records in full and 35 pages of records in part. The USMS, EOUSA, and BOP explained to the plaintiff that certain information was being withheld pursuant to exemptions under FOIA and the Privacy Act.

 SUMMARY JUDGMENT STANDARDS

 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. Proc. 1....
 
Rule 56 must be construed with due regard not only for the rights of persons asserting claims and defenses that are adequately based in fact to have those claims and defenses tried to a jury, but also for the rights of persons opposing such claims and defenses to demonstrate in the manner provided by the Rule, prior to trial, that the claims and defenses have no factual basis.

 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 her 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).

 In resolving the summary judgment motion, all reasonable inferences that may be drawn from the facts placed before the Court must be drawn in favor of the non-moving party. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 255, 91 L. Ed. 2d 202, 106 S. Ct. 2505 (1986). The inferences, however, must be reasonable, and the non-moving party can only defeat a motion for summary judgment by responding with some factual showing to create a genuine issue of material fact. Harding v. Gray, 9 F.3d 150, 154 (D.C. Cir. 1993). The non-movant has met its burden of showing that a dispute about a material fact is genuine only "if the evidence is such that a reasonable jury could ...


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