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Borden v. FBI, 94-1029 (1994)

Court: Court of Appeals for the First Circuit Number: 94-1029 Visitors: 1
Filed: Jun. 28, 1994
Latest Update: Mar. 02, 2020
Summary: June 28, 1994 [NOT FOR PUBLICATION] UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT ___________________ No. 94-1029 RONALD L. BORDEN, Plaintiff, Appellant, v. FEDERAL BUREAU OF INVESTIGATION, Defendant, Appellee. __________________ __________________ Per Curiam. ________ -2-
USCA1 Opinion









June 28, 1994 [NOT FOR PUBLICATION]


UNITED STATES COURT OF APPEALS
FOR THE FIRST CIRCUIT

___________________


No. 94-1029




RONALD L. BORDEN,

Plaintiff, Appellant,

v.

FEDERAL BUREAU OF INVESTIGATION,

Defendant, Appellee.

__________________

APPEAL FROM THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF MASSACHUSETTS

[Hon. Rya W. Zobel, U.S. District Judge]
___________________

___________________

Before

Torruella, Selya and Stahl,
Circuit Judges.
______________

___________________

Ronald L. Borden on brief pro se.
________________
Frank W. Hunger, Assistant Attorney General, Donald K.
_________________ __________
Stern, United States Attorney, John F. Daly and Douglas Ross on
_____ ____________ _____________
brief for appellee.



__________________

__________________




















Per Curiam. Plaintiff appeals the dismissal of his
__________

complaint, without prejudice, for failure to state a claim

under the Freedom of Information Act, 5 U.S.C. 552 ("FOIA")

and the Privacy Act, 5 U.S.C. 552a. Plaintiff alleges that

defendant constructively denied his written request for

documents by failing to sign a receipt for the request.

Reviewing the matter de novo, we agree with the district
__ ____

court that the request which plaintiff allegedly presented,

attached as an exhibit to the complaint, clearly fails to

comply with published regulations. See 28 C.F.R. 16.3,
___

1641; see also 5 U.S.C. 552(a)(3), 552a(f) (agencies are
________

authorized to adopt reasonable regulations for presentation

of requests). The request is not properly notarized, does not

include other information reasonably required to verify the

requester's identity, and does not reasonably describe the

records sought. See 28 C.F.R. 16.3(2), 1641(b)(d). Since
___

the complaint shows on its face that the plaintiff did not

present a proper request, we need not consider defendant's

remaining arguments. Accordingly, the judgment below

is affirmed.
________











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Source:  CourtListener

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