Micolo v. O'Neill, No. 16-5635, 2017 U.S. Dist. LEXIS 17940 (E.D.N.Y. Feb. 7, 2017) (Seybert, J.)

Micolo v. O'Neill, No. 16-5635, 2017 U.S. Dist. LEXIS 17940 (E.D.N.Y. Feb. 7, 2017) (Seybert, J.)

Re: Request for records concerning robbery of bank

Disposition: Dismissing complaint against defendant; amending complaint to name DOJ as defendant

• Litigation Considerations, Pleadings: The court holds that "the Department of Justice is the proper agency Defendant for purposes of this action." "Accordingly, the Complaint is sua sponte dismissed as against [defendant] and deemed amended to name the Department of Justice as the sole Defendant." The court explains that "'[i]ndividual federal officials are not proper defendants in a FOIA action because it is the agency's responsibility to produce records.'"