Donaldson v. United States

109 F. App'x 37
Court of Appeals for the Sixth Circuit·Decided August 19, 2004·No. No. 03-1882·Published·Cited by 5 cases

Opinion

ORDER

Mark P. Donaldson appeals a district court judgment granting the government’s motion for summary judgment and denying him a preliminary injunction. Donaldson also filed a motion to access the PACER court system and a motion to expedite exemption from the PACER fee. Donaldson’s appeal has been referred to a panel of this court pursuant to Rule 34(j)(l), Rules of the Sixth Circuit. Upon review, the panel unanimously agrees that oral argument is not needed. Fed. R.App. P. 34(a).

Donaldson filed three pre-applications for a Rural Business Enterprise Grant (“RBEG”) in 1996 and 1997 relating to proposals to provide internet services to three areas: (1) a six-county area including the cities of Grayling and Gaylord [39]*39(“GG proposal”); (2) a three-county area encompassing Isabella, Lake, and Clare counties (“ILC proposal”); and (3) a six-county area in Central Michigan (“CM proposal”). His pre-applications were scored using the factors in 7 C.F.R. § 1942.305(b)(3): the GG proposal scored 90 points, the ILC proposal scored 60 points, and the CM proposal scored 90 points. None of his applications received discretionary points. Twenty-six pre-applications were ranked, and 17 pre-applicants, all with proposal scores 125 or greater, received priority. Donaldson’s pre-applications were not among the 17 pre-applications that received priority.

Donaldson appealed to the National Appeals Division (“NAD”). The NAD concluded that the agency’s methodology for calculating population, one of the factors under 7 C.F.R. § 1942.305(b)(3), was not in accordance with the regulations. The NAD found that Donaldson’s pre-applications were otherwise considered in accordance with the regulations. The NAD then upheld the agency’s decision, noting that even if Donaldson was awarded the points for population under the proper population methodology, his pre-application scores still fell below the priority cutoff.

Donaldson sought review of the NAD’s decision with the district director. The district director concluded that the NAD’s decision was supported by substantial evidence.

Donaldson then filed a pro se complaint appealing the denial of his pre-applications for RBEGs in the district court. The government moved for summary judgment.

Donaldson moved the court to sanction the government’s counsel for, inter aha, ignoring statutory and regulatory violations by the government. Donaldson also moved the court for a preliminary injunction to enjoin the government from awarding any future RBEG applications in violation of the statutory and regulatory provisions.

A magistrate judge recommended that the government’s motion for summary judgment be granted, and Donaldson’s motion for a preliminary injunction be denied. The district court adopted the magistrate judge’s report and recommendation over Donaldson’s objections, granted the defendant’s motion for summary judgment, denied Donaldson’s motion for a preliminary injunction, and denied Donaldson’s motions for sanctions. Donaldson appealed.

Donaldson first argues that the district court erred in granting the government summary judgment because the agency’s methodology for calculating population under 7 C.F.R. § 1942.305(b)(3) was incorrect, and if the agency had used the proper formula, he would have been eligible for an RBEG grant. Donaldson also argues that the district court failed to consider ah of the evidence before it and that several entities which received RBEG grants were ineligible under the statutes and regulations. Finally, Donaldson argues that the district court erred in considering only the government’s motion for summary judgment, notwithstanding that he had also filed a motion for summary judgment.

We review de novo a district court’s grant of summary judgment. Brooks v. Am. Broad. Co., 932 F.2d 495, 500 (6th Cir.1991). Generally, summary judgment is proper where “ ‘the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to [a] judgment as a matter of law.’ ” Canderm Pharmacal, Ltd. v. Elder Pharm., Inc., 862 F.2d 597, 601 (6th Cir.1988) (quoting Fed.R.Civ.P. 56(c)). Although we have suggested that the use of summary judgment [40]*40is inappropriate for judicial review of an administrative action under the Administrative Procedures Act, we have nonetheless considered the merits of the case if the district court applied the proper standard of review and did not consider evidence outside of the administrative record. See Alexander v. Merit Sys. Prot. Bd., 165 F.3d 474, 480 (6th Cir.1999). In this instance, the motion for summary judgment is proper because the district court reviewed the administrative agency’s actions and did not go outside the administrative record.

A court must “hold unlawful and set aside any agency action, findings and conclusions found to be ... arbitrary and capricious, an abuse of discretion, or otherwise not in accordance with the law.” 5 U.S.C. § 706(2)(A); see GTE Midwest, Inc. v. Fed. Communications Comm’n, 233 F.3d 341, 344 (6th Cir.2000). “The scope of review under the ‘arbitrary and capricious’ standard is narrow and a court is not to substitute its judgment for that of the agency.” Motor Vehicle Mfrs. Ass’n v. State Farm Mut. Auto. Ins. Co., 463 U.S. 29, 43, 103 S.Ct. 2856, 77 L.Ed.2d 443 (1983). The agency, however, must articulate a “rational connection between the facts found and the choice made.” Id. (internal citation omitted).

As an initial matter, the government argues that Donaldson waived his argument that other grant recipients were ineligible by failing to challenge their eligibility at the agency level. Generally, we will not review an issue not first presented to the agency. Bhd. of Locomotive Eng’rs v. ICC, 909 F.2d 909, 912-13 (6th Cir.1990). Nonetheless, courts hold pleadings filed by pro se litigants to less stringent standards, however inartfully pleaded, if the pleading is sufficient to call for the opportunity to present supporting evidence. Haines v. Kerner, 404 U.S. 519, 520, 92 S.Ct. 594, 30 L.Ed.2d 652 (1972). Even if we liberally construe Donaldson’s administrative pleadings, his argument is without merit.

The district court properly granted summary judgment to the government.

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