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Gonzales v. United States

United States District Court, District of Columbia

November 19, 2018

ISMAEL ARENAS GONZALES, Plaintiff,
v.
UNITED STATES OF AMERICA, Defendant.

          MEMORANDUM OPINION

          AMY BERMAN JACKSON UNITED STATES DISTRICT JUDGE

         Plaintiff, a federal prisoner, brought this action against the United States Department of Justice (“DOJ”) under the Freedom of Information Act (“FOIA”), see 5 U.S.C. § 552, challenging the response of the Executive Office for United States Attorneys (“EOUSA”) to his two FOIA requests. For the reasons discussed below, the Court will grant defendant's Renewed Motion to Dismiss, or in the Alternative, Motion for Summary Judgment (ECF No. 28), and it will enter judgment in favor of the defendant.

         I. BACKGROUND

         A. FOIA 2016-01208

         Plaintiff submitted his a FOIA request to the United States Attorney's Office for the District of Colorado (“USACO”) on December 28, 2015. See Compl. ¶¶ 1, 7; Mem. in Support of Def.'s Renewed Mot. to Dismiss or in the Alternative Mot. for Summ. J. (“Def.'s Mem.”), Luczynski Decl. ¶ 4; Def.'s Statement of Material Facts To Which There Is No. Dispute (“SOMF”) ¶ 1. He identified his criminal case by number, 04-cr-0282-D, and listed the documents he sought:

1) A copy of all bonds used in bonding the above-referenced case(s), which is lawful if stamped “copy, ” and/or printed at 75% of the original size 2) A copy of all bond applications and preliminary documents used for preparing and acquiring bonds for the above-referenced case(s).
3) A copy of documentation, or a print out, showing a) where and to whom the bonds were sent, b) with whom or what agency or company the bonds were/are registered, and c) who is currently the older of said bonds . . . .
4) A copy of the prosecutor's bond which allows him to act in the public, and without which he is an imposter.
5) The prosecutor's bar no: unknown, but name is Mr. Guy Till, et al.
6) Also verify on a sep[a]rate piece of letterhead if this United States District Court is a register corporation as an Article III constitutional court; ordained by Congress
7) Since the federal corporation is bankrupt, did the state corporation bond this case 04-cr-0282-D
8) 12 AMJ 2d § 9 without an arrest warrant executed within the 10 days allowed by law there cannot be a bond. 1997 Edition Page 375

         Luczynski Decl., Ex. A at 1-2 (page numbers designated by plaintiff) (emphasis in original).[1]Plaintiff also asked the agency to “verify … if this United States District Court is a Register Corporation as an Article III Constitutional Court: Ordained by Congress.” Id., Ex. A at 2; SOMF ¶ 2. EOUSA assigned the request a tracking number, FOIA-2016-01208. Luczynski Decl. ¶¶ 4-5; see id., Ex. B.

         Teresa Robinson, USACO's Freedom of Information Act/Privacy Act Coordinator, determined that the office had no records responsive to plaintiff's first FOIA request. Def.'s Mem., Robinson Decl. ¶ 5. She came to this conclusion after having consulted the “individual . . . most familiar with [plaintiff's] criminal file, ” the Assistant United States Attorney ...


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