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Whitmore v. U.S. Department of Justice

United States District Court, D. Columbia

September 25, 2015

TORENDA WHITMORE, Plaintiff,
v.
U.S. DEPARTMENT OF JUSTICE, et al., Defendants

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[Copyrighted Material Omitted]

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[Copyrighted Material Omitted]

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          TORENDA WHITMORE, Plaintiff, Pro se, TALLAHASSEE, FL.

         For UNITED STATES DEPARTMENT OF JUSTICE EXECUTIVE OFFICE FOR UNITED STATES ATTORNEYS, Defendant: Jodi George, LEAD ATTORNEY, U.S. ATTORNEY'S OFFICE FOR THE DISTRICT OF COLUMBIA, Washington, DC.

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         MEMORANDUM OPINION

         REGGIE B. WALTON, United States District Judge.

         This matter is before the Court on the Defendants' Motion for Summary Judgment [ECF No. 13]. For the reasons discussed below, the motion will be granted.

         I. BACKGROUND

         In the United States District Court for the Southern District of Mississippi, the plaintiff was tried and found guilty of the kidnapping of Byron Kelsey McCoy and Rahman Anderson Mogilles. See Complaint Under the Freedom of Information Act (" Compl." ) at 1-2. On September 26, 2009, that court imposed a sentence of life imprisonment. See id. However, her sentence was modified on July 12, 2011, id. at 2, and the plaintiff now is serving a 292-month term of imprisonment. Id.

         The plaintiff submitted the following initial request to the Executive Office for United States Attorneys (" EOUSA" ) for certain information pertaining to her criminal case:

1. Plea Agreement for Whitmore prepared on April 15, 2009[,] from [Assistant United States Attorney] AUSA Golden ([Document] 250 [at] p.3)
2. Any and all other Pleas prepared for Whitmore from [the] AUSA['s] Office given to Whitmore's counsel, including letters about the plea ([Document] 240-2)
3. Police Records from Jackson County[, Mississippi,] in regards to the arrest of Torenda Whitmore, Eddie Pugh, [and] Barron Borden on October 8, 2008, including but not limited to [Exhibit] D-6 ([Document] 192 [at] p. 28).
4. Audio Recordings for interviews conducted by [the] Federal Bureau of Investigation[] in listening format such as MP3 for Torenda Whitmore, James Pugh, Barron Borden, and Ramone Mogilles, along with written transcripts.
5. Gas receipt from the Chevron Station in Long Beach, Mississippi, Government Exhibit 76. ([Document] 186 [at] p. 229).
6. Any and all evidence associated with the Chevron Gas Station obtained by the Federal Bureau of Investigation or any other Police, Sherriff's [sic] Office, [the Bureau of Alcohol, Tobacco, Firearms and Explosives], or other agency local or federal. Including any video or audios, interviews, and names of witnesses and [the] owner of the Chevron Gas Station

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to verify video footage provided to any police [officer] or ...

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