Basey v. Reardon, No. 23-00124, 2023 WL 8236988 (D. Alaska Nov. 28, 2023) (Kindred, J.)

Basey v. Reardon, No. 23-00124, 2023 WL 8236988 (D. Alaska Nov. 28, 2023) (Kindred, J.)

Re:  Request for certain records concerning plaintiff’s prosecution

Disposition:  Granting plaintiff leave to amend complaint

• Litigation Considerations, Pleadings:  The court finds that, “[l]iberally construed, Plaintiff is able to state facts to allege a plausible claim regarding his new FOIA request for information previously withheld on the basis the disclosure could have interfered with his ongoing criminal case.”  “However, Plaintiff’s Complaint fails under [Federal Rules of Civil Procedure] Rule 8.”  “Plaintiff’s Complaint is neither short nor plain.”  “Plaintiff’s initial filings include a 66-page Complaint, almost 80 pages of documents, and a motion to file two additional exhibits under seal.”  “During screening, a court is not required ‘to wade through exhibits to determine whether cognizable claims have been stated.’”  “Additionally, only federal agencies are proper party defendants in FOIA litigation.”  “Consequently, neither the agency head nor other federal employees are proper parties to a FOIA suit, nor is the United States.”  “The Court accords Plaintiff 30 days to amend his FOIA claim in accordance with the guidance herein.”  “The burden is on Plaintiff, the FOIA requestor, to show an agency has (1) improperly; (2) withheld; (3) agency records.”  “However, Plaintiff may not assert a claim based on a request for the same records previously sought or produced.”