Sanders v. FBI, No. 23-589, 2024 WL 230307 (W.D. Wis. Jan. 22, 2024) (Peterson, J.)

Sanders v. FBI, No. 23-589, 2024 WL 230307 (W.D. Wis. Jan. 22, 2024) (Peterson, J.)

Re:  Request for certain records

Disposition:  Dismissing plaintiff’s complaint without prejudice

• Litigation Considerations, Pleadings:  The court holds that “[plaintiff’s] amended complaint has several problems.”  “First, [plaintiff] named three federal employees as defendants.”  “But FOIA . . . appl[ies] only to agencies; individuals cannot be sued.”  “Second, [plaintiff] is suing DOJ, but he doesn’t allege that he submitted an information request to that agency.”  “So DOJ is not a proper defendant.”  “Third, [plaintiff] doesn’t identify the information he was seeking from the FBI.”  “He says only that he ‘sent a [FOIA] information sheet enclosed to the FBI.’”  “[Plaintiff] included his FOIA request number, but he did not provide a copy of the request.”  “[Plaintiff’s] complaint doesn’t state a claim, but it is possible that he could fix some of the problems [the court has] identified.”  So [the court] will give [plaintiff] a deadline for filing a second amended complaint.”