Opinion
Civil Action 23-cv-03715 (UNA)
02-02-2024
ALEXANDER P. BEBRIS, Plaintiff, v. NATIONAL CENTER FOR MISSING AND EXPLOITED CHILDREN, INC., Defendant.
MEMORANDUM OPINION
CHRISTOPHER R. COOPER, UNITED STATES DISTRICT JUDGE.
This matter is before the court on consideration of plaintiff's pro se complaint, ECF No. 1, and application to proceed in forma pauperis (“IFP”), ECF No. 2. After review, the court grants the IFP application and, for the reasons below, it dismisses the complaint for failure to state a claim, see 28 U.S.C. § 1915(e)(2)(B)(ii).
Plaintiff sues the National Center for Missing & Exploited Children (“NCMEC”), seeking release of records under the Freedom of Information Act (“FOIA”), 5 U.S.C. § 552. NCMEC, however, is a non-profit organization that is not subject to the FOIA, which applies strictly to federal agencies, see id. §§ 551(1), 552(f)(1); Lazaridis v. U.S. Dep't of Justice, 713 F.Supp.2d 64, 67-69 (D.D.C. 2010) (finding that NCMEC is not subject to the FOIA and dismissing the plaintiff's FOIA claims against it for failure to state a claim because NCMEC's receipt of federal funding “is entirely ancillary to its [informational] and educational mission.”).
The court therefore dismisses this action. Plaintiff's motion to appoint counsel, ECF No. 3, and motion to compel, ECF No. 4, are both denied as moot. A separate order accompanies this memorandum opinion.