Glennborough Homeowners Ass'n v. USPS, No. 20-12526, 2021 WL 858730 (Mar. 8, 2021) (Cleland, J.)

Glennborough Homeowners Ass'n v. USPS, No. 20-12526, 2021 WL 858730 (Mar. 8, 2021) (Cleland, J.)

Re:  Requests for records concerning petition of plaintiff, a residential subdivision located in Ypsilanti, Michigan, for reclassification as a neighborhood within Ann Arbor, Michigan

Disposition:  Granting defendant's motion to dismiss FOIA claim

• Litigation Considerations, Standing:  The court holds that "Plaintiff lacks standing to bring this FOIA claim."  The court notes that "[b]oth requests were made by [a private citizen], both asked Defendant to respond to [the private citizen] directly, and [one] request explicitly stated the documents were 'to me . . . , a private citizen.'"  The court finds that "Plaintiff did not make the FOIA requests at issue in this case."  "[The private citizen] did."  "Nowhere do [the private citizen's] FOIA requests state that Plaintiff is making the request or that [the private citizen] is acting in an official capacity on behalf of Plaintiff."  The court notes that "Defendant argues the FOIA claim must be dismissed with prejudice."  "However, 'a dismissal for lack of subject matter jurisdiction does not operate as an adjudication on the merits for preclusive purposes.'"  "Thus, Plaintiff's FOIA claim will be dismissed without prejudice."