Whipple v. Jolley, No. 21-378, 2022 WL 2317264 (E.D. Tenn. June 28, 2022) (Crytzer, J.)

Whipple v. Jolley, No. 21-378, 2022 WL 2317264 (E.D. Tenn. June 28, 2022) (Crytzer, J.)

Re:  Request for records concerning plaintiff

Disposition:  Accepting and adopting magistrate judge's report and recommendation; dismissing plaintiff's complaint

• Litigation Considerations, Pleadings:  The court holds that "because none of the Individual Defendants is an 'agency,' none of the Individual Defendants is a proper party, and Plaintiff has failed to state a plausible claim against any of the Individual Defendants."  "Similarly, to the extent that Plaintiff intended to raise claims against the 'United States,' it too is not an 'agency,' and Plaintiff has failed to state a plausible claim against the 'United States.'"  "Further, Plaintiff's failure to include any substantive allegations against the 'United States' in his Verified Complaint provides an independently sufficient basis to dismiss any claims that he intended to raise against the 'United States.'"