Rhodes v. FBI, No. 16-93, 2017 WL 1021314 (N.D. Ind. Mar. 16, 2017) (Lozano, J.)

Rhodes v. FBI, No. 16-93, 2017 WL 1021314 (N.D. Ind. Mar. 16, 2017) (Lozano, J.)

Re: Request for various records allegedly maintained by defendant

Disposition: Dismissing plaintiff's complaint

• Litigation Considerations, Exhaustion of Administrative Remedies: The court holds that "[plaintiff's] potential FOIA claims as currently drafted are so insubstantial that dismissal is warranted." The court finds that "[h]e has not described the contents of these FOIA requests in the body of his complaint in any way (nor has he appended the actual FOIA requests or agency denial letters to his complaint)." "Simply put, the complaint does not allege that [plaintiff] made any sufficiently specific requests for information to the FBI that were then improperly withheld by the FBI." "Such vague and conclusory allegations, devoid of any factual details, do not provide fair notice of his claims." "Moreover, the remainder of [plaintiff's] complaint, which references unspecified actions allegedly taken by unidentified FBI agents related to harassment, torture (using 'directed energy weapons'), theft, destruction of property, defamation, civil rights violations, attempted murder ('by forced suicide'), and misconduct, suggests that any FOIA claims regarding these allegations are frivolous because 'the facts alleged rise to the level of the irrational or wholly incredible.'"