THOMAS v. CUSIP SERVICE BUREAU, No. 1:2009cv00852 - Document 3 (D.D.C. 2009)
Court Description: MEMORANDUM AND OPINION. Signed by Judge John D. Bates on 04/28/09. (mmh, )
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FILED MAY - 8 2009 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA NANCY MAYER WHITTINGTON ClERK U.S. DISTRICT COURT' Frankie Dean Thomas, Plaintiff, v. CUSIP Service Bureau, Defendant. ) ) ) ) ) ) ) ) ) ) Civil Action No. t~i)~52 MEMORANDUM OPINION This matter is before the Court on review of plaintiff s pro se complaint and application to proceed in forma pauperis. The application will be granted and the complaint will be dismissed pursuant to 28 U.S.C. § 1915A (requiring dismissal of a prisoner's complaint upon a determination that the complaint, among other grounds, fails to state a claim upon which relief can be granted). Plaintiff, an inmate at the United States Penitentiary Allenwood in White Deer, Pennsylvania, sues a private company based in New York, New York, see www.cusip.com. under the Freedom oflnformation Act ("FOIA"), 5 U.S.C. § 552. The federal FOIA applies only to executive-branch agencies of the United States. See 5 U.S.C. § 552(f) (defining agency as "any executive department. .. Government corporation, Government controlled corporation, or other establishment in the executive branch of the Government ... , or any independent regulatory agency"). The complaint therefore fails to state a claim upon which relief can be granted. A separate Order of dismissal accompanies this Memorandum Opinion. Date: April 1,..- r f\- ,2009 ~d)~ Unite States District Judge
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