Smith v. Citimortgage, No. 13-cv-2177, 2014 WL 279728 (N.D. Ga. Jan. 23, 2014) (Duffey, Jr. J.)

Smith v. Citimortgage, No. 13-cv-2177, 2014 WL 279728 (N.D. Ga. Jan. 23, 2014) (Duffey, Jr. J.)

Re:  Request for certain loan documents

Disposition:  Adopting Magistrate Judge's recommendation that defendant's motion for summary judgment be granted and granting defendant's motion for summary judgment

• Procedural Requirements, Entities Subject to the FOIA:  The court adopts the Magistrate Judge's report and recommendation.  The Magistrate Judge found that "[i]t is not clear if Plaintiff is claiming that disclosure is governed by Section 552(a), commonly known as FOIA, or by the PA, Section 552a."  However, the Magistrate Judge found that "whether seeking relief pursuant to either FOIA or the PA, Plaintiff's cause of action fails."  The Magistrate Judge explained that "[p]laintiff cannot seek disclosure of the identified documents under these provisions from Defendants . . . nor obtain relief from those Defendants for failure to produce or allow inspection of the documents."