SANDERS v. UNITED STATES DEPARTMENT OF JUSTICE et al, No. 1:2009cv00721 - Document 3 (D.D.C. 2009)
Court Description: MEMORANDUM AND OPINION. Signed by Judge John D. Bates on 04/08/09. (mmh, )
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FILED UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA Cornell Sanders, Plaintiff, v. United States Dep't of Justice et ai., Defendants. ) ) ) ) ) ) ) ) ) APR 2 1 2009 NANCY MAYER WHITTINGTON. CLERK U.S. DISTRICT COURT Civil Action No. 09 0721 MEMORANDUM OPINION Plaintiff, a federal prisoner incarcerated at the United States Penitentiary in Coleman, Florida, has filed a pro se complaint and applied to proceed in forma pauperis. The application will be granted and the complaint dismissed for lack of jurisdiction. Plaintiffs complaint states that it is a suit brought under the Freedom of Information Act, 5 U.S.C. § 552. Compl. at 1. The facts alleged and relief requested, however, make clear that this action is not an appeal from an agency determination of plaintiffs FOIA request. Rather, plaintiff seeks a determination by this court of the authenticity of the arrest warrant in his underlying criminal proceeding, id at 3, which he suspects to be a later-manufactured forgery, id at 3-4, and which has been produced to him, id at 5. Plaintiffs interest in this information stems from his belief that the existence of a later-forged arrest warrant would be "relevant in proving ... [the] absence of probable cause ... [and] no jurisdiction to prosecute ... and therefore [that] his confinement and conviction is contrary to the laws of the United States.") Id ) To the extent that plaintiff seeks to collaterally attack his underlying criminal conviction, plaintiffs exclusive recourse lies with a motion made under 28 U.S.C. § 2255 submitted to the court that tried, convicted, and sentenced him. Ojo v. Immigration & Naturalization Service, 106 F.3d 680,683 (5th Cir. 1997) (the sentencing court is the only court with jurisdiction to hear defendant's complaint regarding errors that occurred before or during sentencing). ~\ The FOIA affords no private right of action for a forensic examination or determination of the authenticity of a document produced in response to a FOIA request. Therefore, this case will be dismissed for lack of subject matter jurisdiction. A separate order accompanies this memorandum opinion. Date: frrt'":1 ~ ~ United States District Judge 2
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