Song v. CIA, No. 24-698, 2024 WL 2251632 (D. Or. May 17, 2024) (Simon, J.)

Song v. CIA, No. 24-698, 2024 WL 2251632 (D. Or. May 17, 2024) (Simon, J.)

Re:  Requests for records concerning plaintiff

Disposition:  Adopting magistrate judge’s report and recommendation; dismissing plaintiff’s complaint without prejudice

• Litigation Considerations, Venue:  The court relates that “Plaintiff . . . argu[es] that venue is appropriate because she has had an Oregon telephone number for nearly 20 years.”  “[However,] [t]he [FOIA] relevant jurisdictional requirement . . . is based on a plaintiff’s residence.”  “This makes sense, particularly for persons without a telephone or with mobile telephones that commonly move locations with a person.”  “Thus, Plaintiff’s Oregon telephone number is irrelevant generally to venue or specifically to this Court’s authority under FOIA to adjudicate Plaintiff’s claim.”  “The Court rejects Plaintiff’s objections and concludes that under FOIA’s jurisdictional requirements, the District of Oregon is not the appropriate federal court in which Plaintiff may file her complaint.”  “The Court therefore adopts the Findings and Recommendation.”