Jenkins v. DOJ, No. 16-1676, 2017 WL 2982946 (D.D.C. July 12, 2017) (Kollar Kotelly, J.)

Jenkins v. DOJ, No. 16-1676, 2017 WL 2982946 (D.D.C. July 12, 2017) (Kollar Kotelly, J.)

Re:  Request for "bonding" information

Disposition:  Granting defendant's motion for summary judgment

• Procedural Requirements, Proper FOIA Requests:  "The Court concludes that plaintiff did not submit a proper FOIA request[.]"  The court explains that "EOUSA requires that a requester specify the particular United States Attorney's Office(s) where he believes the desired information is located."  The court notes that "[p]laintiff responds that he submitted his FOIA request initially to the United States Attorney's Office for the Eastern District of Michigan[]" and, therefore, "defendant 'already knew' that he sought records located in the Eastern District of Michigan."  The court finds that "[i]t was plaintiff's obligation to reasonably describe the records he seeks, and neither of his FOIA requests identifies the Eastern District of Michigan as the targeted office."
   
• Procedural Requirements, Searching for Responsive Records:  "Where, as here, defendant demonstrates the 'unlikelihood of the existence of any responsive agency records,' . . . the EOUSA was not required to conduct a search at all[.]"  The court relates that "EOUSA's declarant explains that 'DOJ does not prosecute state cases in Michigan, and [it] was not involved in the [criminal] cases' identified by plaintiff in his FOIA requests."
   
• Litigation Considerations:  The court holds that "plaintiff is demanding the release of records purportedly maintained by a federal government agency."  "'[A]n adequate alternative remedy is available under FOIA with respect to all of the relief [p]laintiff seeks in [his] APA claim.'"  "Therefore, the Court will dismiss plaintiff's APA claim."