Moynihanv.2nd Cong. Dist.

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLEJan 17, 2012
CASE NO. C11-1786-MJP (W.D. Wash. Jan. 17, 2012)

CASE NO. C11-1786-MJP-MAT

01-17-2012

MICHAEL FRANCIS MOYNIHAN, JR., Plaintiff, v. 2ND CONGRESSIONAL DISTRICT, Defendant.


REPORT AND RECOMMENDATION

On November 2, 2011, the Court denied pro se plaintiff Michael Francis Moynihan, Jr.'s application to proceed ("IFP") with his civil complaint based on having three "strikes" under 28 U.S.C. § 1915(g) and directed him to pay the $350 filing fee to proceed with this lawsuit. (Dkt. 5.) Shortly thereafter, the Court received a letter from Mr. Moynihan in which he requested that all deadlines be stayed until he has access to his legal files. (Dkt. 6.) He did not discuss why lack of access to legal files would prevent him from paying the $350 filing fee. He did, however, provide a new mailing address that, coupled with mail returned as undeliverable, suggests he is no longer incarcerated in Snohomish County Jail and is living in a multi-occupancy home in North Bend. The Court recommends DENYING as moot Mr. Moynihan's request to stay this action (Dkt. 6) because, having reviewed Mr. Moynihan's complaint, the Court recommends DISMISSING this matter with prejudice for failure to state a claim upon which relief may be granted. See 28 U.S.C. § 1915(e)(2)(B)(ii).

Mr. Moynihan seeks to bring a Freedom of Information Act ("FOIA") action against defendant 2nd Congressional District so that defendant will disclose information about itself and Congressman Rick Larsen. (Dkt. 1-1.) No cause of action lies under FOIA against the 2nd Congressional District. FOIA applies only to agencies of the executive branch of the United States government. 5 U.S.C. §§ 551(1), 552(f); see Moore v. United Kingdom, 384 F.3d 1079, 1089 (9th Cir. 2004). No amendment of Mr. Moynihan's complaint will cure this fatal pleading deficiency. See Lucas v. Dep't of Corrections, 66 F.3d 245, 248 (9th Cir. 1995) (per curiam) (holding that a pro se litigant should be afforded the opportunity to amend the complaint unless "it is absolutely clear that no amendment can cure the defect"). A proposed order is attached.

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Mary Alice Theiler


United States Magistrate Judge