D.'Uryyah Ajamu v. United States Postal Service ( 2014 )


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  •             Case: 14-10258   Date Filed: 07/28/2014   Page: 1 of 2
    [DO NOT PUBLISH]
    IN THE UNITED STATES COURT OF APPEALS
    FOR THE ELEVENTH CIRCUIT
    ________________________
    No. 14-10258
    Non-Argument Calendar
    ________________________
    D.C. Docket No. 6:13-cv-00450-JA-KRS
    D.’URYYAH AJAMU,
    Plaintiff-Appellant,
    versus
    DENISE Y. WILLIS, et al.,
    Defendants,
    UNITED STATES POSTAL SERVICE,
    Defendant-Appellee.
    ________________________
    Appeal from the United States District Court
    for the Middle District of Florida
    ________________________
    (July 28, 2014)
    Case: 14-10258     Date Filed: 07/28/2014    Page: 2 of 2
    Before PRYOR, JORDAN and ANDERSON, Circuit Judges.
    PER CURIAM:
    D.’Uryyah Ajamu appeals pro se the dismissal of his amended complaint
    against the United States Postal Service for violating the Freedom of Information
    Act, 5 U.S.C. § 552, and for withholding information because of discriminatory
    animus. The district court dismissed Ajamu’s amended complaint for lack of
    subject matter jurisdiction. We affirm.
    The district court correctly dismissed Ajamu’s amended complaint. Ajamu
    alleged that the Service violated the Act by withholding an individual’s address,
    but Ajamu attached to his original complaint a response in which the Service
    provided the individual’s last known address. Ajamu’s claim about a violation of
    the Act became moot when the Service produced the address. See Lovell v.
    Alderete, 
    630 F.2d 428
    , 430–31 (5th Cir. 1980). And the Service was not liable for
    the individual’s supposed refusal to update her address. See NLRB v. Sears,
    Roebuck & Co., 
    421 U.S. 132
    , 162, 
    95 S. Ct. 1504
    , 1522 (1975). Ajamu also
    alleged that the Service withheld the mailing address because of his “race, color,
    nationality, and faith,” but the district court correctly ruled that claim was barred
    by sovereign immunity, see Dolan v. U.S. Postal Serv., 
    546 U.S. 481
    , 484, 126 S.
    Ct. 1252, 1256 (2006).
    We AFFIRM the dismissal of Ajamu’s amended complaint.
    2
    

Document Info

Docket Number: 14-10258

Judges: Pryor, Jordan, Anderson

Filed Date: 7/28/2014

Precedential Status: Non-Precedential

Modified Date: 11/6/2024