Yassein v. El Paso Intel. Ctr., No. 21-1530, 2021 WL 5087199 (S.D. Cal. Nov. 2, 2021) (Curiel, J.)

Yassein v. El Paso Intel. Ctr., No. 21-1530, 2021 WL 5087199 (S.D. Cal. Nov. 2, 2021) (Curiel, J.)

Re:  "'Freedom of Information Act Complaint' in which Plaintiff seeks to 'discover if a law enforcement officer in Colorado offered a false instrument for filing by ascertaining whether or not that officer actually filed a document that he claimed he did'"

Disposition:  Granting defendant's motion to dismiss

• Litigation Considerations, Pleadings:  The court holds that "[e]ven taking all the allegations in the Complaint as true and viewing them in the light most favorable to Plaintiff as the non-moving party, the Court finds that Plaintiff's Complaint fails to state a plausible claim of entitlement to relief under FOIA."  "As a threshold matter, it is not clear from Plaintiff's Complaint what documents Plaintiff is requesting."  "The Complaint also does not establish whether Plaintiff submitted a request for information of any kind to any federal agency in the first place."  "Finally, the Complaint does not assert that any document was improperly withheld following such a request."  "Relatedly, Plaintiff has not shown that this Court would have subject matter jurisdiction over the claim because it is not clear that Plaintiff has exhausted administrative remedies, as discussed above."