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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."
Court Decision Topic(s)
District Court opinions
Litigation Considerations, Supplemental to Main Categories
Procedural Requirements, Supplemental to Main Categories
Updated March 23, 2018