Opinion
Case No. 8:02-cv-959-T-23MAP
November 11, 2002
ORDER
The pro se plaintiff, Walter J. Lawrence, filed this action on May 30, 2002, seeking documents pursuant to the Freedom of Information Act ("FOIA"), 5 U.S.C. § 552 (Doc. 1). On September 25, 2002, Mr. Lawrence filed a "Motion for Full Summary Judgment" (Doc. 13). Mr. Lawrence's summary judgment motion repeatedly states that the United States has produced the requested documents. See "Motion for Full Summary Judgment" (Doc. 13) at 1-2 ("And the request dated March 11, 2002 is moot since the request has been fully honored since the filing of the Complaint."); at 5 ("This is a case where the United [S]tates has produced to Lawrence all documents requested by Lawrence."); at 6 ("Hence, since the United States has completely honored my FOIA request to the extent that it can then dismissal of this action is appropriate."). First principles of federal judicial power limit a federal court's jurisdiction to actual "cases or controversies." U.S. Const. art. III, § 2. Because the FOIA claim is resolved (by Mr. Lawrence's repeated admission), no justiciable case or controversy (as alleged in the complaint) remains.
In his summary judgment motion (Doc. 13) and subsequent "reply" (Doc. 19) in opposition to the United States' response (Doc. 17), Mr. Lawrence apparently seeks some form of declaratory or injunctive relief with respect to the existence of income tax liens. That relief bears scant relation to the relief sought in the complaint, which states a straight-forward FOIA claim for production of documents. Mr. Lawrence's attempt (in the form of a motion for summary judgment) to convert this action into something other than a FOIA action for documents is unavailing.
The lack of a case or controversy deprives the Court of subject matter jurisdiction. Accordingly, this action is DISMISSED. The Clerk is directed to (1) terminate all pending motions and (2) close the file.