Monday, February 25, 2013
Re: First party request for records on self Disposition: Dismissing plaintiff's action without prejudice as frivolous for purposes of 28 U.S.C. § 1915(e)
- Exemption 7E: The court finds that "on the face of plaintiff's complaint and its exhibits, there is no violation of FOIA." The court notes that the letter attached to the complaint shows that plaintiff's request to the FBI was denied under Exemption 7(E) and that no other records about her were located. The court holds that "[p]laintiff alleges that FBI agents followed and watched her, and this clearly describes law enforcement techniques and procedures. Also, the use of 'watch lists' is a law enforcement procedure. Thus, the exception cited clearly applied to the types of conduct plaintiff describes."
- Motion to dismiss: The court concludes that "[b]ecause the factual allegations in the original and amended complaints related to a campaign of harassment against plaintiff by the FBI are 'fantastic' and 'delusional,' they are wholly incredible and irrational." Accordingly, the court dismisses the claims as frivolous for purposes of 28 U.S.C. § 1915(e).
Motion To Dismiss
Updated August 6, 2014