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Thomas v. Comptroller of the Currency

February 16, 2010

FRANKIE DEAN THOMAS, PLAINTIFF,
v.
COMPTROLLER OF THE CURRENCY, DEFENDANT.



The opinion of the court was delivered by: Henry H. Kennedy, Jr. United States District Judge

MEMORANDUM OPINION

This action is brought under the Freedom of Information Act, 5 U.S.C. § 552 ("FOIA"). Before the Court is defendant's motion to dismiss or, in the alternative, for summary judgment.*fn1

Upon consideration of the motion, the opposition thereto, and the record of this case, the Court concludes that defendant's motion for summary judgment should be granted.

I. BACKGROUND

In December 2008, plaintiff submitted a FOIA request to the Comptroller of the Currency seeking "various bonding information" relating to himself. Def.'s Mot. to Dismiss or, in the Alternative, for Summ. J. ("Def.'s Mot."), Ex. A ("Vance Decl.") ¶ 3. He specifically sought nine categories of documents:

(1) the bonding information and registration and the name of the transfer agent related to [plaintiff] and criminal case number 1:CR-96-297-03,

(2) GSA Form SF273 (Reinsurance Agreement for a Miller Act Performance Bond),

(3) GSA Form SF274 (Reinsurance Agreement for a Miller Act Payment Bond),

(4) GSA From SF275 (Reinsurance Agreement in Favor of the United States) under the [Office of the Comptroller of the Currency] and the General Accounting Office,

(5) the signed and certified verification of assessment and names and contact information of the registered public accounting firm and auditor that assessed the charges, credentials, and oath,

(6) "State 28-E agreements" between states and the Federal Government to secure grants from the Federal government and to insure states' compliance with Federal law,

(7) an explanation of how the "United States Bar Association" has standing in any of the three branches of government,

(8) an explanation of how the "United States Securities Act RCW 21.20" permits United States District Judge Sylvia H. Rambo or Assistant United States Attorney Eric Pfisterer to secure a bond in [plaintiff's] name without his knowledge or authorization and permits a prosecuting attorney to act as "investment adviser representative," and

(9) specific information regarding United States District Judge Sylvia H. Rambo and Assistant United ...


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