Ambrose v. DOJ, No. 14-0005, 2014 WL 3644430 (N.D.N.Y. July 22, 2014) (Suddaby, J.)

Ambrose v. DOJ, No. 14-0005, 2014 WL 3644430 (N.D.N.Y. July 22, 2014) (Suddaby, J.)

Re: Attempt to compel DOJ to provide plaintiff with certain documents from DOJ's litigation file in Ambrose v. United States

Disposition: Adopting Magistrate Judge's Report and Recommendation; denying plaintiff's motion or an order to show cause and dismissing case

• Litigation Considerations, Pleadings:  The court holds that "[c]onstruing this pro se plaintiff's submission liberally, as Second Circuit authority requires, [plaintiff] could have grounds to file a civil complaint under the Freedom of Information Act."  "However, a bare motion for an order to show cause is not the appropriate vehicle for plaintiff to try to obtain the relief he is seeking, because it is not connected to any pending federal proceeding or process, such as a subpoena."  "If plaintiff intends to pursue a FOIA claim against the DOJ, he would need to file a civil complaint, with the $400 filing fee or an IFP application documenting his financial inability to pay the fee."