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Jacobs v. Federal Bureau of Prisons

July 26, 2010

BEN JACOBS, PLAINTIFF,
v.
FEDERAL BUREAU OF PRISONS, 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 the parties' cross-motions for summary judgment. Plaintiff's motions for summary judgment will be denied, and defendant's motion will be granted in part and denied in part.

I. BACKGROUND

Plaintiff, a federal prisoner, brings this action under the Freedom of Information Act ("FOIA"), see 5 U.S.C. § 552, against the Federal Bureau of Prisons ("BOP"), alleging that it failed to respond to three FOIA requests sent in March 2008 by certified mail to its FOIA/PA Office at the Washington, D.C. headquarters. See Compl. ¶¶ 1-2, 7; see also id., Ex. F-G (certified mail receipt and United States Postal Service confirmation of delivery on March 17, 2008).

In the first request, plaintiff sought information pertaining to prices charged for commissary items at FCI Butner:*fn1

1. All memorandums, e-mails, reports, documents which authorize institutional staff to mark up or raise the price of items in institutional commissaries

2. All memorandums, e-mails, reports, documents which reveal where these collected monies are stored locally & nationally

3. Any memorandums, e-mail, reports, or documents which pertain for what this fund or account might be titled.

4. Any memorandums, e-mail, reports or documents which calculate the interest & total monies collected in 2007 by FCI Butner from interest or mark up to commissary items.

5. Any memorandums, e-mail, reports or documents which authorize the BOP . . . to use these inflated rates.

6. Any memorandums, e-mail, reports, or documents which specify how much items at FCI Butler could be increased in 2007.

Compl., Ex. C.

The second FOIA request pertained to plaintiff's placement in a special housing unit in November 2007:

1. All memorandums, e-mails, reports, documents bearing my name and/or register number related to my being placed in the SHU on November 17th 2007.

2. All memorandums, e-mails, reports, documents bearing my name and/or register number related to my being placed in the ...


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