Emmet G. Sullivan, United States District Judge.
Plaintiff Derek N. Jarvis brings this action against the United States Department of Housing and Urban Development ("HUD") under the Freedom of Information Act ("FOIA"), see 5 U.S.C. § 552. This matter is before the court on Defendant's Motion for Summary Judgment, ECF No. 8. For the reasons discussed below, the court GRANTS defendant's motion.
By letter dated November 22, 2016, plaintiff sent a request to HUD for "all
Id., Ex. 2. Plaintiff sent both requests to HUD's Secretary "by first class postal mail to HUD's Washington[,] DC address on 451 7th Street, S.W." Jarvis Decl. ¶ 5.
A FOIA case typically and appropriately is decided on a motion for summary judgment. See, e.g., Gold Anti-Trust Action, Comm., Inc. v. Bd. of Governors of the Fed. Reserve Sys., 762 F.Supp.2d 123, 130 (D.D.C. 2011) (citations omitted). Summary judgment is granted when there is no genuine issue of material fact and the movant is entitled to judgment as a matter of law. Fed. R. Civ. P. 56(c); Celotex Corp. v. Catrett, 477 U.S. 317, 325, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986). In determining whether a genuine issue of fact exists, the court must view all facts in the light most favorable to the non-moving party. See Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 587, 106 S.Ct. 1348, 89 L.Ed.2d 538 (1986). Under FOIA, all underlying facts and inferences are analyzed in the light most favorable to the FOIA requester; as such, only after an agency proves that it has fully discharged its FOIA obligations is summary judgment appropriate. Moore v. Aspin, 916 F.Supp. 32, 35 (D.D.C. 1996) (citing Weisberg v. U.S. Dep't of Justice, 705 F.2d 1344, 1350 (D.C. Cir. 1983)).
In reviewing a motion for summary judgment under FOIA, the court conducts a de novo review of the record. See 5 U.S.C. § 552(a)(4)(B). The court may award summary judgment solely on the basis of information provided by the agency in an affidavit or declaration. See Military Audit Project v. Casey, 656 F.2d 724, 738 (D.C. Cir. 1981). An agency's affidavit or declaration must be "relatively detailed and non-conclusory." SafeCard Serv., Inc. v. SEC, 926 F.2d 1197, 1200 (D.C. Cir. 1991) (citation omitted). It is accorded a presumption of good faith, which cannot be rebutted by "purely speculative claims about the existence and discoverability of other documents." Id. (citing Ground Saucer Watch, Inc. v. CIA, 692 F.2d 770, 771 (D.C. Cir. 1981) (per curiam)).
HUD argues that it was under no obligation to search for or to release records because it did not receive either the November 22, 2016 or the February 16, 2017
Decl. of Deborah R. Snowden, ECF No. 14-1 ("Snowden Decl.") ¶¶ 2-3.
When HUD received plaintiff's complaint, its declarant explained that staff conducted "multiple searches ... in FMS for any requests matching the description provided by [p]laintiff." Snowden Decl. ¶ 4. HUD located two FOIA requests, one from 2008 and the other from 2012, to which HUD's Region III office in Philadelphia, Pennsylvania already responded. Id. These matters had been closed. Id. In addition, staff searched all FOIA requests to HUD dated November 22, 2016 and February 16, 2007, and did not locate plaintiff's November 22, 2016 or the February 16, 2017 request among them. Id. Lastly, staff searched "HUD's Correspondence Tracking System [for] non-FOIA correspondence," and found "three matching results for [p]laintiff's name" from 2008, 2009 and 2012. Id. No record matching either of the requests identified in the complaint were located. Id.
Plaintiff challenges HUD's assertion that it did not receive his two FOIA requests. In his view, HUD "simply failed to respond" because its response "could possibly implicate HUD in a criminal conspiracy against [him]." Pl.'s Mem. in Opp'n to HUD Defs.'s Mot. for Summ. J. ("Pl.'s Opp'n") at 3.
This court's jurisdiction under the FOIA "is dependent upon a showing that an agency has (1) `improperly'; (2) `withheld'; (3) `agency records.'" Kissinger v. Reporters Comm. for Freedom of the Press, 445 U.S. 136, 150, 100 S.Ct. 960, 63 L.Ed.2d 267 (1980) (quoting 5 U.S.C. § 552(a)(4)(B)). The fact that plaintiff mailed his FOIA requests does not impose any obligation on HUD. "Rather, the receipt of a request by the agency is the legally significant event that triggers the commencement of the FOIA request and that enables a requester, such as [p]laintiff, who is dissatisfied with the agency response to seek recourse from federal courts." Freedom Watch v. Bureau of Land Management, 220 F.Supp.3d 65, 69 (D.D.C. 2016) (emphasis in original).
"It is axiomatic that an agency has no obligation to respond to a request that it did not receive." Willis v. U.S. Dep't of Justice, 581 F.Supp.2d 57, 68 (D.D.C. 2008) (citation omitted). Plaintiff's burden on summary judgment is to demonstrate the existence of a genuine dispute of material fact regarding HUD's compliance with the FOIA. Here, to meet his burden, plaintiff "must offer evidence that the requests were received by the agency, rather than merely stating that the requests were placed in the mail." Pinson v. U.S. Dep't of Justice, 61 F.Supp.3d 164, 184 (D.D.C. 2015). Plaintiff does not demonstrate HUD's receipt of his FOIA requests, and "[w]ithout any showing that the agency received the request[s], the agency has no obligation to respond to [them]." Hutchins v. Dep't of Justice, No. 00-2349, 2005 WL 1334941, at *2, 2005 U.S. Dist. LEXIS 11355, at *6 (D.D.C. June 6, 2005); see Banks v. Lappin, 539 F.Supp.2d 228, 235 (D.D.C. 2008).
Plaintiff does not demonstrate that HUD received his November 22, 2016 and February 16, 2017 FOIA requests, and HUD has not violated FOIA because it did not respond to plaintiff's requests. Therefore, the court grants HUD's motion for summary judgment. An Order is issued separately.