Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Riddick v. Holland

United States District Court, D. Columbia

September 29, 2015

HARRY LEE RIDDICK, Plaintiff,
v.
J.C. HOLLAND, et al., Defendants

          HARRY LEE RIDDICK, Plaintiff, Pro se, Pine Knot, KY.

         For 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.

Page 282

         MEMORANDUM OPINION AND ORDER

         CHRISTOPHER R. COOPER, United States District Judge.

         Plaintiff 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.[1] Because the government

Page 283

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 denied.

         I. Background

         In 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.[2] The Court outlines these requests below.

         A. FOIA Request No. 12-3487

         By 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.

         Riddick 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.

         B. FOIA Request No. 12-3536

         While that request was processing, Riddick filed another request with EOUSA in August 2012, seeking the " Plea Agreement of Case No. 94-00159-002." Id. ΒΆ 9. EOUSA assigned this request FOIA No. 12-3536 and informed Riddick that it had closed this request ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.