THORNTON-BEY v. ADMINISTRATIVE OFFICE OF THE US COURTS, No. 1:2009cv00958 - Document 3 (D.D.C. 2009)

Court Description: MEMORANDUM OPINION Signed by Judge Rosemary M. Collyer on 5/7/09. (ls, )

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FILED UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA DeJuan B. Thornton-Bey, MAY 21 2009 Clerk, U.S. District and Bankruptcy Courts ) ) Plaintiff, ) ) v. Administrative Office of the U.S. Courts, Defendant. ) ) ) ) ) Civil Action No. O~ U958 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 is a prisoner at the United States Penitentiary in Florence, Colorado, suing the Administrative Office of the United States Courts ("A.O.") for the release of a document pursuant to the Freedom oflnformation Act ("FOIA"), 5 U.S.C. § 552. The FOIA applies only to executive-branch agencies of the United States. See 5 U.S.C. § 552(f) (defining agency as "defined in section 551(1)," which specifically excludes "the courts of the United States"). The A.O. is part ofthe judicial branch of the federal government. See 28 U.S.C. § 601 ("Director and a Deputy Director [are] appointed and subject to removal by the Chief Justice of the United States, after consulting with the Judicial Conference."). The complaint therefore fails to state a claim upon which relief can be granted. A separate Order of dismissal accompanies this Memorandum Opinion. Date: May ttl' + ka4--istrict Judge 2009

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