Opinion
No. 3:05cv941.
May 13, 2005
MEMORANDUM and ORDER
Before the court for disposition is Plaintiff Trevor Benjamin's ("Plaintiff") complaint and motion to proceed in forma pauperis. For the reasons that follow, we will dismiss this complaint pursuant to 28 U.S.C. § 1915(e).
Background
Plaintiff pursued a habeas corpus action with the court in 1999. The court denied his habeas corpus petition and closed the case in April 2000. In November 2003, plaintiff requested that the court provide him with the documents related to the 1999 case pursuant to the Freedom of Information Act ("FOIA"), 5 U.S.C. § 552 and the Privacy Act of 1974, 5 U.S.C. § 552a. The Clerk of Court's Office informed the plaintiff that he was required to pay "retrieval fee" of $45.00 before the documents were sent to him in addition to a 50 cent per-page fee.
Plaintiff brought the instant action asserting that the fees sought by the Clerk of Courts are in violation of the FOIA and the Privacy Act. In addition, plaintiff has moved to proceed in forma pauperis.
Discussion
A complaint that is filed in forma pauperis is subject to dismissal pursuant to 28 U.S.C. § 1915(e)if it, inter alia, fails to state a claim upon which relief may be granted. Oates v. Sobolevitch, 914 F.2d 428, 430 (3d Cir. 1990). Regarding in forma pauperis cases, the law provides:
Notwithstanding any filing fee, or any portion thereof, that may have been paid, the court shall dismiss the case at any time if the court determines that
(A) the allegation of poverty is untrue; or
(B) the action or appeal —
(i) is frivolous or malicious;
(ii) fails to state a claim on which relief may be granted; or
(iii) seeks monetary relief against a defendant who is immune from such relief.28 U.S.C. § 1915(e)(2).
When reviewing a case under this section, we apply the same standard as we would for a motion to dismiss under Rule 12(b)(6) of the Federal Rules of Civil Procedure. Romeo v. Delaware, No. Civ.A. 04-153-SLR, 2004 WL 1043196 (D.Del. Apr 27, 2004). When a 12(b)(6) motion is filed, the sufficiency of a complaint's allegations are tested. The issue is whether the facts alleged in the complaint, if true, support a claim upon which relief can be granted. Morse v. Lower Merion Sch. Dist., 132 F.3d 902, 906 (3d Cir. 1997).
In the instant case, the plaintiff's case fails to state a claim upon which relief may be granted because the facts alleged in the complaint, even if true, do not support a claim upon which relief can be granted.
Section 552 of Title 5 of the United States Code, upon which plaintiff relies as the basis of his claim, provides that governmental "agencies" shall make available certain public information at no cost. The applicable definition section, however, provides that the term "agency" does not include the courts of the United States. 5 U.S.C. § 551. Plaintiff's request was made to the United States District Court, and therefore, from the plain language employed by the statute, the FOIA and the Privacy Act are inapplicable. Accordingly,
AND NOW, to wit, this 13th day of May 2005, plaintiff's declaratory judgment action is hereby DISMISSED as failing to state a claim upon which relief can be granted. The plaintiff's application to proceed in forma pauperis is granted for the sole purpose of filing the instant action. Because of disposition of this case, we find no reason to issue a certificate of appealability. The Clerk of Court is directed to close this case.