Thomas v. Cusip Service Bureau

Opinion

FILED UNITED STATES DISTRICT COURT MAY - 8 2009 FOR THE DISTRICT OF COLUMBIA NANCY MAYER WHITTINGTON ClERK U.S. DISTRICT COURT' Frankie Dean Thomas, ) ) Plaintiff, ) ) v. ) Civil Action No. ) t~i)~52 ) CUSIP Service Bureau, ) ) Defendant. )

MEMORANDUM OPINION

This matter is before the Court on review of plaintiff s pro se complaint and application

to proceed in forma pauperis. The application will be granted and the complaint will be

dismissed pursuant to 28 U.S.C. § 1915A (requiring dismissal of a prisoner's complaint upon a

determination that the complaint, among other grounds, fails to state a claim upon which relief

can be granted).

Plaintiff, an inmate at the United States Penitentiary Allenwood in White Deer,

Pennsylvania, sues a private company based in New York, New York, see www.cusip.com.

under the Freedom oflnformation Act ("FOIA"), 5 U.S.C. § 552. The federal FOIA applies

only to executive-branch agencies of the United States. See 5 U.S.C. § 552(f) (defining agency

as "any executive department. .. Government corporation, Government controlled corporation,

or other establishment in the executive branch of the Government ... , or any independent

regulatory agency"). The complaint therefore fails to state a claim upon which relief can be

granted. A separate Order of dismissal accompanies this Memorandum Opinion.

Date: April 1,..- r f\- ,2009 ~d)~ Unite States District Judge