United States District Court, District of Columbia
BERMAN JACKSON UNITED STATES DISTRICT JUDGE
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.
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
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
Decl., Ex. A at 1-2 (page numbers designated by plaintiff)
(emphasis in original).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.
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 ...