Howard v. U.S. R.R. Ret. Bd., No. 13-00651, 2014 WL 3845939 (S.D. Ohio Aug. 5, 2014) (Spiegel, S. D. J.)

Howard v. U.S. R.R. Ret. Bd., No. 13-00651, 2014 WL 3845939 (S.D. Ohio Aug. 5, 2014) (Spiegel, S. D. J.)

Re: Request for "'information required to receive railroad widow's annuity'" from defendant

Disposition: Denying plaintiff's "'Motion to Vacate Opinion and Order for Judgment and Dismissal For Fraud'"

• Procedural Requirements, Proper FOIA Requests:  The court holds that "[h]aving reviewed the matter, the Court does not find Plaintiff's motion well taken."  The court finds that "'FOIA does not require agencies to provide explanations or answers in response to questions disguised as FOIA requests or to create documents or opinions in response to an individual's request for information.'"  The court notes that "[p]laintiff is mistaken in her assertion that '[t]oday we are adjudicating whether or not [plaintiff's husband] should have received a supplemental annuity of $43 based on statutory law and whether or not the USRRB denied him that benefit, and whether the USRRB practiced 'due diligence' in responding to the original request.'"  The court explains that "[d]efendants did not violate the Freedom of Information Act because they never received a proper request for information under it."