Howard v. U.S. R.R. Ret. Board, No. 13-651, 2014 WL 2804983 (S.D. Ohio June 20, 2014) (Spiegel, S. J.)

Howard v. U.S. R.R. Ret. Board, No. 13-651, 2014 WL 2804983 (S.D. Ohio June 20, 2014) (Spiegel, S. J.)

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

Disposition: Adopting and affirming Magistrate Judge's Report and Recommendation and granting defendant's motion for summary judgment

• Procedural Requirements, Proper FOIA Requests:  The court "finds the Magistrate Judge's conclusion well-taken that Plaintiff's FOIA claim fails as a matter of law."  The court holds that "the FOIA does not require an agency to create documents or opinions in response to requests."  The court explains that "[d]efendant has provided record evidence from its database showing to Plaintiff that her husband did not qualify, as well as his retirement application, in which he stated he knew he did not qualify."  The court explains that "[d]efendant has not withheld records or documents, and thus there is no basis for an FOIA claim."