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Stephens v. Department of Justice

United States District Court, D. Columbia.

March 18, 2014

Lorenzo Deshon Stephens, Plaintiff,
v.
Department of Justice, Defendant

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LORENZO DESHON STEPHENS, Plaintiff, Pro se, BENNETTSVILLE, SC.

For DEPARTMENT OF JUSTICE, Defendant: Timothy E. Broomhead, LEAD ATTORNEY, U.S. ATTORNEY'S OFFICE, Washington, DC.

Page 64

MEMORANDUM OPINION

COLLEEN KOLLAR-KOTELLY, United States District Judge.

Plaintiff, proceeding pro se, challenges the Federal Bureau of Investigation's release of records in April 2012 in response to his request under the Freedom of Information Act (" FOIA" ), 5 U.S.C. § 552. Defendant has moved for summary judgment, Def.'s Mot. for Summ. J. [Dkt. #12], plaintiff has filed an opposition, Mem. of P. & A. in Opp'n to Def.'s Mot. for Summ. J. [Dkt. # 20], and defendant has replied, Def.'s Reply in Further Support of its Mot. for Summ. J. [Dkt. # 26]. In addition, the Court has considered plaintiff's surreply, Pl.'s Response to Def.'s Reply in Further Support of its Mot. for Summ. J. [Dkt. # 29], and defendant's Response to Plaintiff's Surreply [Dkt. # 31]. Upon consideration of the parties' submissions and the entire record, the Court will grant defendant's motion and enter judgment accordingly.

BACKGROUND

Plaintiff is serving a prison sentence of 327 months imposed by the United States District Court for the Eastern District of Virginia following his conviction for conspiracy to possess with intent to distribute and to distribute cocaine base. U.S. v. Stephens, 257 F.App'x 611, 612 (4th Cir. 2007). In June 2011, plaintiff made a sweeping FOIA request to the FBI for all investigatory reports and records the FBI had compiled about him. Decl. of David M. Hardy (" Hardy Decl." ) [Dkt. # 12-1], Ex. A. In addition, plaintiff requested all information " compiled by the FBI, DEA, and RAVE safe street task Force relating to the area of Richmond, Virginia known as the BYB, Brickyard Boys or BrickYard Block in the Gilpin Court area," and all records pertaining to " deals, promises, considerations, or inducements made to" seven named " witnesses. . . in exchange for the testimony and/or cooperation." Id. In January 2012, plaintiff submitted what was treated as a " supplemental" FOIA request, Hardy Decl. ΒΆ 11, seeking the same investigatory records but also specific information pertaining to the investigation of his association with " the local street gang known as 'the Brick yard boys' or ...


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