United States District Court, D. Columbia
LEE RIDDICK, Plaintiff, Pro se, Pine Knot, KY.
UNITED STATES DEPARTMENT OF JUSTICE, Defendant: Jodi George,
LEAD ATTORNEY, U.S. ATTORNEY'S OFFICE FOR THE DISTRICT OF
COLUMBIA, Washington, DC; Wenqiong Fu, U.S. ATTORNEY'S
OFFICE, Civil Division, Washington, DC.
OPINION AND ORDER
R. COOPER, United States District Judge.
Harry Lee Riddick, proceeding pro se, brings this
action seeking records from the Executive Office for U.S.
Attorneys (" EOUSA" ), a component of the U.S.
Department of Justice (" DOJ" ). Because Riddick
demands the release of records allegedly maintained by an
executive branch agency of the federal government, the Court
construes his Complaint as one under the Freedom of
Information Act (" FOIA" ). See 5 U.S.C. §
552. This matter comes before the Court on the parties'
cross motions for summary judgment and on Riddick's
motion to strike a declaration submitted by
DOJ. Because the government
has amply demonstrated that it properly processed and
responded to Riddick's FOIA requests, the Court will deny
Riddick's motion for summary judgment and grant the
government's motion. And because there is no support in
the record for Riddick's motion to strike, it will be
February 1996, a jury in Pennsylvania found Riddick guilty of
various federal drug crimes. Riddick v. Holland, No.
13-cv-240, 2014 WL 1253631, at *1 (E.D. Ky. Mar. 26, 2014).
Following an appeal affirming his conviction and remanding
for resentencing, Riddick received a life sentence.
Id. Over the past three years, Riddick has submitted
several FOIA requests to EOUSA for documents related to his
criminal case, which he maintains will allow him to challenge
his conviction and sentence. The Court outlines these
FOIA Request No. 12-3487
letter dated August 8, 2012, Riddick requested from EOUSA
" arrest records," investigatory and evidentiary
reports, " warrants and/or detainers," and "
any/or all information, data, or reports not otherwise exempt
by statute" pertaining to his criminal case. Decl. David
Luczynski (" Luczynski Decl." ) ¶ 4. EOUSA
responded by letter dated September 13, 2012, acknowledging
Riddick's request and assigning it FOIA request No.
12-3487. Less than two weeks later, EOUSA notified Riddick
" that 28 boxes of records ha[d] been located, that his
FOIA request w[ould] have a search fee of $784.00, and that
an advanced payment must be received by EOUSA before any
further processing of his request [could] continue"
under 28 C.F.R. § 16.11(i). Id. ¶ 6. EOUSA
offered Riddick the " option to modify and reformulate
his request to lower the processing fee." Id.
then narrowed his request to a " plea agreement offer in
Case Number: 94-159" and any " additional pages to
make up the 100 pages" provided free of charge.
Id. In November 2012, EOUSA notified Riddick that
the two hours of free search time requesters are permitted
had been exhausted and that even his narrowed request could
not be processed until he paid the outstanding fee of
$784.00. The following January, EOUSA notified Riddick that
because more than 30 days had passed since he was notified of
the outstanding fee, and no payment had been received, his
request had been closed.
FOIA Request No. 12-3536
that request was processing, Riddick filed another request
with EOUSA in August 2012, seeking the " Plea Agreement
of Case No. 94-00159-002." Id. ¶ 9. EOUSA
assigned this request FOIA No. 12-3536 and informed Riddick
that it had closed this request ...