Passmore v. U.S. Department of Justice

245 F. Supp. 3d 191, 2017 WL 1166301, 2017 U.S. Dist. LEXIS 45233
District Court, District of Columbia·Decided March 28, 2017·No. Civil Action No. 2014-1742·Published·Cited by 5 cases

Opinion

MEMORANDUM OPINION

EMMET G. SULLIVAN, United States District Judge

This matter is béfore the Court on D¿-fendarit’s Second Motion for Summary Judgment [ECF No. 43]. For the reasons discussed below, the motion will be granted.

I. BACKGROUND

Plaintiff “is a State Prisoner currently confined at SCI FOREST [in] Marienville, [Pennsylvania],” Compl. ¶ 3. He brings this action under the Freedom of Information Act (“FOIA”), .see 5 U.S.C. § 552, against the United States Department of- Justice (“DOJ”), id. ¶ 1, to challenge the response of the Federal Bureau of Investigation (“FBI”) to his request for information maintained in a particular file (7A-PH-93427), id. ¶9, Specifically, plaintiff requests email' messages- between himself and Melissa Chamberlain from March 2002 to July 2002. See id. ¶¶ 23-24, 26. 1 It appears that plaintiff once possessed a “vast amount of ... legal work under file # [7A-PH-93427],” but that work “was lost” when plaintiff “went to RHU in prison.” Mem. of. P. & A. in Support of Defs.’ Mot. for Summ. J. [ECF No. 14-1] (“Def.’s Mem.”), Decl. of David M. Hardy [ECF No., 14-3] (“Hardy Decl.”), Ex. A (Letter to . FBI from plaintiff dated May -1, 2013).

In his first FOIA request, to the FBI’s headquarters office, ■ plaintiff requested “Emails for P.C. Gateway Computer Serial # 0014990444, model # TBR3450PIII;' and Emails from Gateway P.C. Serial #0020449123; Also, warrant[s] and witness-statement^].” Hardy Deck, Ex. A. He sent a. second and substantially similar request to the FBI for “[a]ll materials] un *196 der file # 7A-PH-93427, including emails from P.C. Gateway Computer Serial # 0014990444, model # TBR8450PIII; and emails from Gateway P.C. Serial # 00200449123,” as well as copies of emails sent to and received by three particular email addresses. Id., Ex. B (Letter to David M. Hardy, Record/Information Dissemination Section, Records Management Division, FBI, dated May 15, 2013) at 1. Further, plaintiff explained that “the information requested is not to be used for commercial benefit, so [he did] not expect to be charged fees for ... review of the material to see if it falls within one of FOIA’s exemptions.” Id., Ex. B at 2.

FBI staff assigned the matter a tracking number, FOIPA Request Number 1215884-000, acknowledged receipt of plaintiffs correspondence, and informed plaintiff that his requests “did not contain sufficient information to conduct an accurate search of the [FBI’s] Central Records System (‘CRS’).” Hardy Decl. ¶ 7. Plaintiff was provided a Certification of Identity form, id., which he completed and returned, and in a separate letter plaintiff clarified his request as one for “all information pertaining to ... John Passmore and all materials under File #7A-PH-93427,” including emails sent from and received by four email accounts identified by plaintiff as chaml339@yahoo.com, nore 149@yahoo.com, shawlove6917067@yahoo. com, and cham4665@kutztown.edu. Id., Ex. D (Letter to David M. Hardy from plaintiff dated May 30, 2013) at 1. Plaintiff repeated his expectation that no fees would be charged because “[t]he information requested is not to be used for commercial benefit[.]” Id., Ex. D at 2.

The FBI advised plaintiff that there were duplication fees of $.10 per page for hard copies, and that records could be released on CD if plaintiff provided an alternative address for delivery. See id,, Ex. G (Letter to plaintiff from David M. Hardy dated September 12, 2013). “The first 100 pages, or the cost equivalent ($10.00) for releases on CD, [would] be provided ... at no charge.” Id., Ex. G. Based on the results of the FBI’s first search, which yielded “approximately 16,-039 pages of records potentially responsive to [plaintiffs] request,” id. ¶ 11, plaintiff would have incurred approximately $1,593,90 in duplication fees for paper copies, or $485.00 if the responsive records were released on CD. 2 Id.; see id., Ex. G. “The FBI ... offered plaintiff the option to reduce the scope of his request to accelerate the process and reduce potential search and duplication fees.” Id. ¶ 11.

Plaintiff explained that he expected the initial 100 pages of responsive records in paper form, and that the requested email messages be included in these 100 pages. See id., Ex. J (Letter to David M. Hardy from plaintiff) ¶¶2-5. On the assumption that “[a]ll email info is in [the] first 100 pages,” he next sought “any reference by governmental authorities regarding the ... emails and any witness info on Nelson Roscoe.” Id., Ex. J ¶ 6. Lastly, plaintiff sought a fee waiver for up to 2,000 pages of responsive records and an installment arrangement for any remaining fees. See id., Ex. J ¶¶ 7-8.

On January 13, 2013, the FBI informed plaintiff that its staff had reviewed 103 pages of records and it released 100 pages, after having withheld certain information *197 under FOIA Exemptions 3, 6, 7(C), 7(D), and 7(F). Id. ¶ 16; see id., Ex. L (Letter to plaintiff from David M. Hardy dated January 13, 2013) at 1. Plaintiff complained that the FBI sent him a CD when he requested records in paper form. Id. ¶ 17; see id., Ex. M (Letter to David M. Hardy from plaintiff dated January 16, 2014). The format of the FBI’s response was the subject of plaintiffs administrative appeal to the DOJ’s Office of Information Policy (“OIP”). Id. ¶ 18; see id., Ex. N (Letter to OIP from plaintiff dated February 6, 2014) at 3. The FBI obliged plaintiff by sending him 103 pages of records in paper form on January 30, 2014. Id. ¶ 17 n.3.

Plaintiff also raised in his administrative appeal the FBI’s apparent refusal to release “the actual inter-active email conversations between” the email accounts he identified between March 2002 and July 2002. Id., Ex. N at 2. He “requested the emails only and not the first 100 pages of [records maintained in] Case No. 7A-PHH93427.” Id., Ex. N at 3-4. Insofar as plaintiff reiterated his interest in the emails alone, the FBI treated plaintiffs FOIA request as having been “limited [in] scope ... to the email traffic between specific email addresses.” Id., Ex. P (Letter to plaintiff from Anne D. Work, Senior Counsel, Administrative Appeals Staff, OIP, dated May 15, 2014) at 1. OIP addressed the “releaseability” of the email communications as follows:

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Passmore v. U.S. Department of Justice, 245 F. Supp. 3d 191, 2017 WL 1166301, 2017 U.S. Dist. LEXIS 45233 (D.D.C. 2017).

245 F. Supp. 3d 191 (Passmore v. U.S. Department of Justice) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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