Ortiz v. Yellen, No. 22-02797, 2022 WL 16571235 (D.D.C. Oct. 27, 2022) (Kollar-Kotelly, J.)
Date
Ortiz v. Yellen, No. 22-02797, 2022 WL 16571235 (D.D.C. Oct. 27, 2022) (Kollar-Kotelly, J.)
Re: Request concerning payment allegedly owed to plaintiff
Disposition: Dismissing plaintiff’s petition for mandamus
- Litigation Considerations, Pleadings; Procedural Requirements, Proper FOIA Requests; Procedural Requirements, Entities Subject to the FOIA: The court holds that “petitioner [h]as failed to state a viable claim under the FOIA for mandamus relief.” The court finds that “there is no indication that an agency owed petitioner an obligation under the FOIA.” “The petition is devoid of any details regarding the FOIA request sufficient enough to satisfy a colorable claim, including, the actual content of the request, the information sought, the specific address or custodian to whom the FOIA request was directed, or any other enlightening information, e.g, a copy of the actual request submitted.” “And it appears that petitioner’s ‘FOIA request’ was not, in fact, one for records.” “Instead, petitioner seemingly attempted to compel the Federal Reserve to issue him a payment, which is relief that falls well outside of the limited parameters of the FOIA.” “Moreover, petitioner has sued an individual respondent, but the FOIA authorizes suit against federal agencies only and does not create a right of action against individual officials or employees of an agency.”
Court Decision Topic(s)
District Court opinions
Litigation Considerations, Pleadings
Procedural Requirements, Entities Subject to the FOIA
Procedural Requirements, Proper FOIA Requests
Updated November 29, 2022