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Ivey v. Snow

July 19, 2006

STEVEN IVEY, PLAINTIFF,
v.
JOHN SNOW, SECRETARY, UNITED STATES DEPARTMENT OF TREASURY, DEFENDANT.



The opinion of the court was delivered by: Emmet G. Sullivan United States District Judge

MEMORANDUM OPINION

This matter is before the Court on defendant's motion for summary judgment.*fn1 Having considered the motion, plaintiff's opposition, and the record of this case, the Court will grant summary judgment for defendant.

I. BACKGROUND

This civil action proceeds under the Freedom of Information Act ("FOIA"), see 5 U.S.C. § 552, and the Privacy Act, see 5 U.S.C. § 552a. See Compl. at 1. The Complaint and Amended Complaint set forth lists of information that plaintiff allegedly requested, but did not receive, from the Internal Revenue Service ("IRS").

Plaintiff submitted three requests for information to defendant that were processed as FOIA requests. Memorandum of Law in Support of Defendant's Motion for Summary Judgment ("Def.'s Mot."), Declaration of Mary Ellen Keys ("Keys Decl.") ¶ 6. Certain items listed in the Amended Complaint do not appear in any of these three requests. Id. ¶¶ 16-17.

A. Reference No. SE:S:C&L:GLD: D:F/2004-02099

In a letter dated April 19, 2004, plaintiff requested "all records on the plaintiff, Steven G. Ivey as submitted to [the Office of Personnel Management] by the Department of the Treasury/IRS for [his] employment beginning in January 1999," as well as any records generated after his termination on March 7, 2001. Keys Decl., Ex. A (April 19, 2004 letter to Peggy Higgins, Office of Personnel Management). Plaintiff's letter was forwarded to the IRS's Headquarters Disclosure Office in Washington, DC. Id. ¶ 8. Because IRS staff was unable to locate responsive records based on the limited information included in plaintiff's April 19, 2004 letter, staff sought "additional information . . . such as the office [where he] worked, post of duty, position title, series, [and] grade." Id., Ex. B (April 15, 2005 letter from S.R. Rascoe, Tax Law Specialist, HQ Office of Disclosure FOIA). The IRS notified plaintiff that, if it did not receive plaintiff's response by May 6, 2005, the case would be closed. Id. When the IRS did not receive a timely response from plaintiff, it closed his case on May 11, 2005. Id. ¶ 9.

B. June 24, 2004 Request

In a letter dated June 24, 2004, plaintiff requested the following:

1. The address of the regional for the Doraville processing center.

2. The name of the regional supervisor for the Processing Center.

3. The Legal Representative for the Union at the center and Regional Division.

4. Any and all files pertaining to Steven Ivey both as a system of records and for the processing of the mentioned claim.

5. The definition of the role of the Union with regards to the Treasury or government. Meaning is the Union a ...


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