United States District Court, W.D. Louisiana, Lake Charles Division
JULIAN OKEAYAINNEH REG. # 20515-112
U.S. DEPT OF JUSTICE, ET AL.
D. CAIN, JR. JUDGE.
KATHLEEN KAY UNITED STATES MAGISTRATE JUDGE.
the court is a complaint [doc. 1] filed by pro se plaintiff
Julian Okeayainneh, brought under the Freedom of Information
Act (“FOIA”), 5 U.S.C. § 552, and the
Privacy Act of 1974 (“Privacy Act”), 5 U.S.C.
§ 552a, seeking the production of certain documents.
Okeayainneh is an inmate in the custody of the Bureau of
Prisons (“BOP”) and is currently incarcerated at
the Federal Correctional Institution at Oakdale, Louisiana
instant matter, Okeayainneh names as defendants the United
States Department of Justice, the Federal Bureau of Prisons
(“BOP”) and the Office of Information Policy
(“OIP”). Doc. 1, p. 3, ¶ IV. Plaintiff
asserts that during 2019, he made a series of proper, written
requests under FOIA and the Privacy Act to each of the
defendants. Id. at p. 4. The first and second
request were issued to the BOP in Grand Prairie, Texas, on
January 25, 2019 and February 1, 2019. Doc. 1, att. 2, p. 11,
13. The third request was issued to the OIP in Washington,
D.C., on March 14, 2019. Id. at p. 15. He contends
that he has exhausted his administrative remedies and that
the instant suit is now properly before this Court.
Id. at p. 5.
plaintiff is a prisoner seeking redress from an officer or
employee of a governmental entity, his complaint is subject
to preliminary screening pursuant to 28 U.S.C. § 1915A
which authorizes such screening even if the
prisoner-plaintiff has, like plaintiff, paid the full filing
fee. See Martin v. Scott, 156 F.3d 578, 579-80 (5th
Cir.1998) (per curiam). Section 1915A(b) provides for sua
sponte dismissal of the complaint, or any portion
thereof, if the Court finds it is frivolous or malicious, if
it fails to state a claim upon which relief may be granted,
or if it seeks monetary relief against a defendant who is
immune from such relief.
complaint is frivolous if it lacks an arguable basis in law
or fact. Gonzalez v. Wyatt, 157 F.3d 1016, 1019 (5th
Cir. 1998). A complaint fails to state a claim upon which
relief may be granted if it is clear the plaintiff cannot
prove any set of facts in support of his claim that would
entitle him to relief. Doe v. Dallas Indep. Sch.
Dist., 153 F.3d 211, 215 (5th Cir. 1998). When
determining whether a complaint is frivolous or fails to
state a claim upon which relief may be granted, the court
must accept plaintiff's allegations as true. Horton
v. Cockrell, 70 F.3d 397, 400 (5th Cir. 1995)
(frivolity); Bradley v. Puckett, 157 F.3d 1022, 1025
(5th Cir. 1998) (failure to state a claim).
contends that venue is proper in this Court under 5 U.S.C.
§ 552(a)(4)(B), 5 U.S.C. § 552(a)(g)(5), and 28
U.S.C. § 1391 because “all of the events and
omissions giving rise to ...