Wattleton v. Berryhill, No. 19-1404, 2020 WL 1033333 (D.D.C. Mar. 3, 2020) (Howell, J.)

Wattleton v. Berryhill, No. 19-1404, 2020 WL 1033333 (D.D.C. Mar. 3, 2020) (Howell, J.)

Re:  Request for certain financial records

Disposition:  Granting defendant's motion for summary judgment as to his FOIA claim

• Litigation Considerations, Pleadings:  The court holds that "plaintiff has failed to show that SSA received a FOIA request prior to filing this civil action, and therefore, summary judgment is entered on behalf of the agency as to that claim."  The court finds that "plaintiff has failed to offer any objective evidence supporting his allegation that SSA actually received the February (FOIA) Request."  "SSA has submitted two sworn declarations attesting that, despite two searches, no record of the February Request, or any other FOIA request from the plaintiff, was found."  The court finds that "[t]he purported copy of the February Request attached to the complaint, which is undated and unsigned, is insufficient to generate a genuine dispute of material fact regarding SSA's alleged receipt of the request."