Phone: (Xxx) Xxx-Xxxx

NAME

PRO SE

104 N. 2nd Street
Anytown, ID 83817

Phone: (xxx) xxx-xxxx

Fax: (xxx) xxx-xxxx

UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF ______

Civil Division

NAME / )
) / CASE NO: CV ______
Plaintiff / )
vs. / )
) / Complaint For
) / declaratory &
THE DEPARTMENT OF
______ / )
)
)
)
) / INJUNCTIVE RELIEF
Defendant / )
______ / )

COMES NOW, NAME, hereinafter “Plaintiff”, and files the following complaint against the Department of the ______hereinafter “Defendant.”

INTRODUCTION

1.This is an action by Plaintiff pursuant to the Freedom of Information Act (hereinafter, “FOIA”), 5 USC § 552, etseq, to order the production of agency records maintained by the Defendant regarding the Plaintiff.

2.Plaintiff asserts that there is a “significant public interest in disclosure” of the records requested by Plaintiff as the public should be able to access information held by the government about them, especially when such information is needed and relevant to administrative claims. Additionally, others similarly situated are having their rights violated by the Defendant maintaining its pattern or practice of unlawfully delaying and/or denying and/or ignoring responses to FOIA requests andappeals. This request is for non-commercial purposes.

3.The government records which Plaintiff requests are those described below maintained by the Defendant in a system of records pursuant to United States Code and its implementing Regulations. The details of the records sought are:

JURISDICTION ANDVENUE

4.This Court has both subject matter jurisdiction over this action and personal jurisdiction over the parties pursuant to 5 U.S.C. § 552(a)(4)(B). This court also has jurisdiction over this action pursuant to 28 U.S.C. § 1331. Venue lies in this district under 5 U.S.C. § 552(a)(4)(B).

PARTIES

5.Plaintiff is an individual, and a resident of the State of ______and resides in ______County.

6.Defendant, The Department of the ______, is an agency established in the Executive Branch of the United States Government. The Department of the ______is an agency within the meaning of 5 U.S.C. Section 552 (f)(1).

FACTS

7.The FOIA requires U.S. government agencies to promptly make public records available to any person if that person makes a request which (1) reasonably describes the records sought and (2) complies with any applicable agency rules for making such a request. 5 U.S.C. §552(a)(3)(A).

8.The FOIA requires an agency to issue a final determination on any such information request within twenty (20) business days from the date of its receipt. 5 U.S.C. §552(a)(6)(A)(i).

9.The FOIA allows an agency to extend this determination deadline, however, by ten (10) working days when “unusual circumstances” existand when the agency so notifies a requester in writing. 5 U.S.C. §552(a)(6)(B). “Predictable agency workload” is not typically considered an unusual circumstance as stated in 5 U.S.C. § 552(a)(6)(C)(ii).

10.Plaintiff served, and the Defendant received, a FOIA Request on ______

seeking production of Plaintiff’s File. See Exhibit A.

11.Plaintiff served a timely FOIA Appeal on ______, pursuant to 5 U.S.C. § 552(a)(6)(A)(ii). See Exhibit B.

12. The Defendant has not provided copies of requested documents, despite having actual knowledge of the statutory deadline to respond within 20 working days from receipt of appeal.

13.Plaintiff has exhausted Plaintiff’s administrative remedies.

FIRST CAUSE OFACTION

(FOIA Request for Plaintiff’s Claims File & C&P Exam Records)

14.Plaintiff incorporates the allegations in the foregoing paragraphs as though fully set forthherein.

15.FOIA mandates the disclosure of the documents that Plaintiff seeks in Plaintiff’s FOIA request.

16.The Defendant has not provided Plaintiff with therecords.

17.No FOIA exemptions apply to thisrequest.

18.No exceptional or unusual circumstances preclude a response to the request within twenty (20) business days of therequest.

19.The Defendant has not sought extension to the lawful response time underFOIA.

20.An actual controversy exists as to whether the Defendant has violated theFOIA.

21.Plaintiff seeks declaratory judgment and a mandatory injunction that FOIA entitles Plaintiff to the records it seeks, and ordering the Defendant to comply with the FOIA request.

22.Unless enjoined, the Defendant will continue to violate the rights of Plaintiff.

PRAYER FORRELIEF

Wherefore, Plaintiff requests this Court:

1)Order the Defendant to provide true copies of all requested documents without further delay;

2)Expedite this proceeding as provided for in 28 U.S.C. §1657;

3)Award Plaintiff costs in this action, as provided in 5 U.S.C. §552(a)(4)(E), and/or under any other appropriate federal statute;and,

4)Grant such further relief as the Court may deem just andproper.

RESPECTFULLY SUBMITTED,

______

Signature