McLeod v. US Department of Justice ( 2011 )


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  • FILED
    MAY 24 2011
    C|erk, u.S. 01
    Courts for the  3
    UNITED STATES DISTRICT COURT
    FOR THE DISTRIC'I`` OF COLUMBIA
    Steven A. McLeod, )
    )
    Petitioner, )
    l \
    > _ 11 U955
    v. ) Civ1l Action No.
    )
    U.S. Department of Justice et al,, )
    )
    Respondents. )
    MEMORANDUM OPINION
    Petitioner, proceeding pro se, has submitted a Petition for Writ of Mandamus or in the
    Alternative for Declaratory Judgment and Injunctive Relief, along with an application to proceed
    in forma pauperis ("IFP"). Upon review of the petition, the Court finds that petitioner has failed
    to state a claim for such extraordinary relief. lt therefore will grant the IFP application and will
    dismiss the petition pursuant to 
    28 U.S.C. § 191
     5A (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).
    Petitioner is a Florida state prisoner serving a life sentence Pet. 1] 3. He seeks to compel
    the United States Department of Justice ("DOJ") and the Director of the Executive Off``ice for
    United States Attorneys ("EOUSA") to release "FBI 302 Reports and/or debriefing transcripts of
    former Hillsborough County Assistant State Attomey Suzanne Rossomondo from a federal
    public corruption investigation in Tampa, Florida. . . ." Pet. at l. Petitioner also seeks the
    release of exculpatory evidence relevant to his criminal‘prosecution in state court, see 
    id.,
     but the
    named respondents did not prosecute plaintiff and, thus, cannot be compelled to produce
    exculpatory evidence. See Brady v. Maryland, 
    373 U.S. 83
    , 87 (1963) (holding "that the
    suppression by the prosecution of evidence favorable to an accused upon request violates due
    process where the evidence is material either to guilt or to punishment . . . .") (emphasis
    supplied); U.S. v. Jenrette, 744 F.Zd 817, 824 (D.C. Cir. l984) ("Brady mandates that upon
    request the prosecution disclose any evidence favorable to an accused where that evidence is
    material either to guilt or to punishment.") (citation omitted).
    The Court may not entertain an action for such extraordinary remedies as a writ
    mandamus or a declaratory judgment if another adequate remedy is available. See Mittleman v.
    United States Dep ’t. of Treasury, 
    919 F. Supp. 461
    , 470 (D.D.C. 1995), modified on other
    grounds, 
    104 F.3d 410
     (D.C. Cir. l997) (in exercising its discretion under the Declaratory
    Judgment Act, the district court should consider, inter alz``a, the availability of other remedies);
    Swan v. Clz'nton, l00 F.3d 973, 977 n.l (D.C. Cir. l996) (mandamus relief is unavailable if, inter
    alia, another adequate remedy exists). The Freedom of information Act ("FOlA"), 
    5 U.S.C. § 552
    , is the proper vehicle for obtaining records from United States agencies. Because there is
    no indication from the petition that petitioner has made a FOIA request to DOJ or EOUSA for
    the records he seeks, the Court finds that he has stated no claim upon which relief may be
    granted.' A separate Order of dismissal accompanies this Memorandum Opinion.
    :/Cd 5 /7/%/<¥
    United States District Judge
    Date: May 1 17 ,20ll
    ‘ As a general rule, a FOlA requester must exhaust his administrative remedies before
    0btainingjudicial review. See Hidalgo v. FBI, 
    344 F.3d 1256
    , 1258-59 (D.C. Cir. 2003)
    (explaining that while exhaustion is not jurisdictional, "as a jurisprudential doctrine, failure to
    exhaust precludes judicial review" if a merits determination would undermine the purpose of
    permitting an agency to review its determinations in the first instance).
    2
    

Document Info

Docket Number: Civil Action No. 2011-0958

Judges: Judge Ellen S. Huvelle

Filed Date: 5/24/2011

Precedential Status: Precedential

Modified Date: 10/30/2014