Opinion
23-06180 WHA
07-15-2024
BRETZ WASHINGTON, Plaintiff, v. PHILLIP BURTON FEDERAL BUILDING AND U.S. COURTHOUSE, Defendant.
ORDER ADOPTING RECOMMENDATION AND DISMISSING COMPLAINT SUA SPONTE
WILLIAM ALSUP UNITED STATES DISTRICT JUDGE
INTRODUCTION
In this pro se action, plaintiff claims his rights were violated under FOIA. Magistrate Judge Laurel Beeler has filed a report and recommendation regarding dismissal of the complaint. For the reasons stated herein, the report and recommendation is ADOPTED and the complaint is DISMISSED.
STATEMENT
In November 2023, pro se plaintiff Bretz Washington brought this action against the United States government, although Phillip Burton Federal Building and Courthouse is listed as defendant in this action. Plaintiff brings forth two FOIA claims, asserting that he has “been trying to find a way in, the United States to get [his] proof nationality identification to be recognized by, federal law of [his] ethnicity what's been stopped . . . by your [f]ederal government” (Compl. at 3). Plaintiff asserts that this information has been withheld from him.
In April 2024, having reviewed the complaint, Magistrate Judge Laurel Beeler filed a report and recommendation to dismiss the complaint because plaintiff had not stated a claim under FOIA. Judge Beeler noted that plaintiff was potentially seeking a claim under 5 U.S.C. § 552(a)(3) whereby FOIA mandates the government to disclose documents or records pursuant to a request by a member of the public. However, plaintiff has not said “whether he made a request to an agency and what happened” (Dkt. No. 10-1 at 5).
Judge Beeler has gathered that a closer approximation of the events transpired involves plaintiff seeking entry into federal building at 450 Golden Gate Avenue but was denied by community service officers because the officers did not recognize his identification (Dkt. No. 10 at 5). For that reason, Judge Beeler found that plaintiff failed to state a claim under FOIA.
ANALYSIS
Plaintiff was also granted leave to file an amended complaint by May 22, 2024, and file any objections by June 7, 2024. Plaintiff has not filed an amended complaint but did file a “report recommendation” on June 7 in which he reiterated his desire “to get the right information to be released,” while also stating that entrance into the federal building “was denied to [him] on two occasions” (Dkt. No. 13). However, plaintiff has not stated which agency he is seeking information from and whether he has in fact made such a request.
For the same reasons set forth in Judge Beeler's order recommending dismissal, this order finds that plaintiff's complaint is unclear as to which type of FOIA claim he is making and that, as currently pled, he has failed to state a claim upon which relief can be granted. Plaintiff has already been granted leave to amend his complaint and has declined to do so.
CONCLUSION
For the foregoing reasons, plaintiff's action is DISMISSED. The Clerk SHALL CLOSE THE FILE.
IT IS SO ORDERED.