UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA ____________________________________ ) MUNIR ABDULKADER, ) ) Plaintiff, ) ) v. ) Civil Action No. 19-2199 (ABJ) ) DONALD TRUMP et al., ) ) Defendants. ) ____________________________________) MEMORANDUM OPINION In this action brought pro se, plaintiff, a federal prisoner, seeks documents from his criminal case under the Freedom of Information Act (“FOIA”), 5 U.S.C. § 552. Defendants, all individuals, have moved to dismiss under Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6) or for summary judgment under Rule 56. [Dkt. # 17]. The Court finds that the complaint neither names a proper FOIA defendant nor states a viable claim, and that jurisdiction is lacking over any purported habeas claim. So it will grant defendants’ motion to dismiss for the reasons explained more fully below. BACKGROUND On December 13, 2016, plaintiff was convicted in the U.S. District Court for the Southern District of Ohio after he pled guilty to attempting to kill government employees; possessing a firearm in furtherance of a crime of violence; and attempting material support to a foreign terrorist organization. He is serving a prison sentence totaling 240 months. See United States v. Abdulkader, No. 1:16-cr-019, 2019 WL 6351257, at *1 (S.D. Ohio Nov. 27, 2019) (denying post- conviction relief under 28 U.S.C. § 2255). 1 On April 25, 2019, plaintiff requested from the Clerk of the sentencing court “particular documents relevant to his criminal prosecution and defense,” including indictments, arrest warrants, the court docket sheet, and a certified copy of the plea agreement. Compl. Ex. [Dkt # 1- 1 at 1]. He also filed a “Motion for Disclosure of: Grand Jury Transcripts, Ballot, or Record for Inspection; Indictment; and Criminal Complaint,” [Dkt. # 1-1 at 5], which was denied during the section 2255 proceedings. See Abdulkader, 2019 WL 6351257, at *6. In a FOIA/PA form signed and dated June 7, 2019, but addressed to no particular agency, plaintiff requested “grand jury transcripts; indictments for criminal no.; warrant of arrest; grand jury ballot or record for inspection; criminal complaint; and certificate of concurrence.” Compl. Ex. [Dkt. # 1-1 at 3]. On July 18, 2019, plaintiff filed this civil action against President Donald Trump, Attorney General William Barr, and several current or former high-level officials of the Executive Office for United States Attorneys and the United States Marshals Service. Plaintiff asserts that he is actually innocent and is being denied access to records and information requested. That information requested has not been authentically declared legally exempt from disclosure by law. He brings this suit pursuant to Title 5 USC section 552(a)(4)(8) and 552(a)(6)(C)(i) and the Presidential Executive Order/Memorandum 7 Fed. Reg. 4683, signed on January 21, 2009 [“Freedom of Information Act”]. Compl. ¶ 2. LEGAL STANDARD In evaluating a motion to dismiss under either Rule 12(b)(1) or 12(b)(6), the Court must “treat the complaint’s factual allegations as true . . . and must grant plaintiff ‘the benefit of all inferences that can be derived from the facts alleged.’ ” Sparrow v. ...
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