Harper v. EEOC, No. 15-2629, 2015 WL 7272246 (W.D. Tenn. Nov. 17, 2015) (Anderson, J.)

Harper v. EEOC, No. 15-2629, 2015 WL 7272246 (W.D. Tenn. Nov. 17, 2015) (Anderson, J.)

Re: Request for certain records

Disposition: Adopting Magistrate Judge's Report and Recommendation; dismissing plaintiff's claims concerning individual defendants; ordering issuing of summons to EEOC

• Procedural Requirements, Entities Subject to the FOIA:  "[T]he Court . . . adopts  the Report and Recommendation" and orders that plaintiff's claims against individual defendants be dismissed.  The court finds that "[a]n individual employee of an 'agency' is not the 'agency' itself" and "FOIA [only] requires an 'agency' to 'make available to the public' specific kinds of information."  Additionally, for the same reason, "[t]he Court holds that Plaintiff’s proposed amendment to add the chair of the EEOC as a Defendant to this action would be futile."  However, the court also adopts the Magistrate Judge's recommendation "that the Pro Se Complaint states a plausible claim against the EEOC and that the Court should order the issuance of process and service on the EEOC."