June 28, 1994 [NOT FOR PUBLICATION]
UNITED STATES COURT OF APPEALS
FOR THE FIRST CIRCUIT
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No. 94-1029
RONALD L. BORDEN,
Plaintiff, Appellant,
v.
FEDERAL BUREAU OF INVESTIGATION,
Defendant, Appellee.
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APPEAL FROM THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MASSACHUSETTS
[Hon. Rya W. Zobel, U.S. District Judge]
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Before
Torruella, Selya and Stahl,
Circuit Judges.
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Ronald L. Borden on brief pro se.
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Frank W. Hunger, Assistant Attorney General, Donald K.
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Stern, United States Attorney, John F. Daly and Douglas Ross on
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brief for appellee.
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Per Curiam. Plaintiff appeals the dismissal of his
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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
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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,
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1641; see also 5 U.S.C. 552(a)(3), 552a(f) (agencies are
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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
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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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