O'Neal v. U.S., No. 19-00458, 2019 WL 2297523 (N.D. Ala. May 30, 2019) (Kallon, J.)

O'Neal v. U.S., No. 19-00458, 2019 WL 2297523 (N.D. Ala. May 30, 2019) (Kallon, J.)

Re:  Request for records concerning plaintiff's application for benefits

Disposition:  

• Litigation Considerations, Pleadings:  The court holds that "no FOIA provision allows [plaintiff] to assert a claim against the United States for a federal agency's alleged failure to provide documents in response to a FOIA request."  "Thus, [plaintiff's] FOIA claim against the United States is due to be dismissed for failure to state a claim on which relief may be granted."
   
• Litigation Considerations, Mootness and Other Grounds for Dismissal:  "[T]he court finds that [plaintiff] has not plausibly alleged that the SSA improperly withheld records relating to his 1995 application, and [plaintiff's] FOIA claim against the Commissioner is moot."  The court relates that defendant "has declared that 'District Office personnel printed all electronic records available that [plaintiff] wanted'" and provided them to plaintiff.