Pinson v. U.S. Department of Justice


UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA JEREMY PINSON, : : Plaintiffs : Civil Action No.: 12-1872 (RC) : v. : Re Document Nos.: 435, 437, 455, 464 : : U.S. DEPARTMENT OF JUSTICE, et al., : : Defendants. : MEMORANDUM OPINION DENYING PLAINTIFF’S MOTION FOR RECONSIDERATION; GRANTING DEFENDANTS’ MOTIONS FOR SUMMARY JUDGMENT; DENYING PLAINTIFF’S MOTION FOR PRELIMINARY INJUNCTION I. INTRODUCTION Pro se Plaintiff Jeremy Pinson brought this case to challenge the government’s response to multiple requests she filed under the Freedom of Information Act (“FOIA”), 5 U.S.C. § 552, with different departments of the U.S. Department of Justice (“DOJ”), including the Executive Office of the United States Attorneys (“EOUSA”) and Federal Bureau of Prisons (“BOP”). On May 23, 2018, the Court granted in part the DOJ’s fourth motion for summary judgment with respect to FOIA requests directed at the BOP, which Pinson did not oppose. See Pinson v. U.S. Dep’t of Justice (“Pinson I”), 313 F. Supp. 3d 88 (D.D.C. 2018). Pinson now moves to vacate that judgment under Fed. R. Civ. P. 60, arguing that she did not get the opportunity to oppose the motion because she never received it. Although both parties treat the motion as one under Rule 60, the Court treats it as a motion for reconsideration under Fed. R. Civ. P. 54, and because Pinson has not sufficiently established that she is entitled to relief, the Court denies the motion. In addition, before the Court are two renewed motions for summary judgments by DOJ with respect to the remaining requests directed at the EOUSA and BOP. This Court has granted in part and denied in part three past DOJ motions for summary judgment with respect to the EOUSA, and denied a motion for summary judgment with respect to two remaining FOIA requests directed at the EOUSA in May 2018. See Pinson v. U.S. Dep’t of Justice (“Pinson II”), 313 F. Supp. 3d 122 (D.D.C. 2018). DOJ now files a renewed motion for summary judgment with respect to those two requests, arguing that it has adequately described the search terms used to perform the searches and responded to all requests. With respect to the BOP, the Court has granted in part and denied in part four past motions for summary judgment by DOJ. See generally Pinson I, 313 F. Supp. 3d at 88. In its renewed motion, DOJ argues that the BOP properly withheld records from disclosure under FOIA Exemption 7(F). For the reasons set forth below, the Court grants both DOJ motions for summary judgment. Finally, Pinson has moved for sanctions and for a preliminary injunction, arguing that the BOP is improperly interfering with her access to the courts. Because Pinson has not shown that she is substantially likely to prevail on the merits of a right of access claim, the Court denies the motion. II. BACKGROUND This Court has already discussed the factual background for this case in detail in its prior Memorandum Opinions. See Pinson II, 313 F. Supp. 3d ...

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