UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA LYNN MICHAEL LAVICTOR, Plaintiff, v. DONALD J. TRUMP, et al., Case No. 1:19-cv-01900 (TNM) Defendants. MEMORANDUM OPINION Lynn Michael LaVictor, proceeding pro se, brings claims under the Freedom of Information Act (“FOIA”), 5 U.S.C. § 552, against various federal officials. The Government has moved to dismiss and for summary judgment. It contends that LaVictor’s action is not viable because (1) federal officials are improper defendants in a FOIA case; (2) he has submitted no FOIA request to three of the four agencies that his Complaint references; and (3) for the fourth agency, he sent a FOIA request but then never filed an administrative appeal. The Court agrees with the Government on all fronts and so will grant its motion. I. Five years ago, LaVictor was convicted and sentenced to 355 months in prison for sexual abuse and assault offenses. United States v. LaVictor, 848 F.3d 428, 439–40 (6th Cir. 2017). In the years since, he has repeatedly challenged his convictions. See id. at 436; Pet. for Writ of Habeas Corpus, LaVictor v. Barr, 1:19-cv-3657 (RC) (D.D.C. Dec. 4, 2019), ECF No. 1; Opinion, LaVictor v. Davis, 2:19-cv-148 (PLM) (W.D. Mich. Oct. 8, 2019), ECF No. 7. He is currently incarcerated at the Federal Correctional Institution in Allenwood, Pennsylvania. Christenson Decl. ¶ 3, ECF No. 14-3. In this FOIA action, LaVictor seeks records from his criminal case, such as indictments and grand jury transcripts. Compl. ¶ 7, ECF No. 1. As he sees it, if the Government refuses to disclose these documents, this would mean none exist, showing that his prosecution was a sham. See id. ¶¶ 8–22. If any records do exist, he expects to prove that they were “forged or fabricated.” See id. ¶¶ 9, 19. LaVictor mentions “efforts to utilize” FOIA, but he provides no details about any FOIA requests, such as when he sent them or who the recipients were. See id. ¶ 7. As defendants, he names President Trump, Attorney General Barr, and officials at four components of the DOJ: the Executive Office for United States Attorneys (“EOUSA”), the Office of Information Policy (“OIP”), the U.S. Marshals Service (“USMS”), and the Bureau of Prisons (“BOP”). Id. at 1. 1 In response to LaVictor’s Complaint, the Government moved to dismiss and for summary judgment. Defs.’ Mot. at 1, ECF No. 14. It is ripe for disposition. II. The Government moves to dismiss under Federal Rule of Civil Procedure 12(b)(6). To survive this motion, a complaint must “state a claim to relief that is plausible on its face.” Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009). A plaintiff must plead “factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged.” Id. The Court may consider only “the facts alleged in the complaint, any documents either attached to or incorporated in the complaint and matters of which [it] may take judicial notice.” Hurd v. District of Columbia, 864 F.3d 671, ...
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