Summary
The United States District Court for the Eastern District of California recommends dismissing David Bennett’s complaint without leave to amend. The complaint sought declaratory relief under the Freedom of Information Act against Atascadero State Hospital, a California state entity, but the court concluded that FOIA applies only to federal executive-branch agencies. The court also ordered that a district judge be randomly assigned and allowed fourteen days for objections.
Holdings
- The complaint failed to state a claim because the Freedom of Information Act applies to agencies of the executive branch of the United States government and does not encompass state agencies or bodies such as Atascadero State Hospital.
- Leave to amend should be denied because the defect in the FOIA claim is incurable and amendment would be futile.
Questions Presented
- Whether the complaint stated a claim for declaratory relief under the Freedom of Information Act against Atascadero State Hospital.
- Whether the complaint should be dismissed without leave to amend because the defect could not be cured by amendment.
Disposition
other
Cases Cited (11)
- Neitzke v. Williams, 490 U.S. 319, 325, 327 (1989)(followed)
- Jackson v. Arizona, 885 F.2d 639, 640 (9th Cir. 1989)(followed)
- Lopez v. Smith, 203 F.3d 1122, 1130-31 (9th Cir. 2000) (en banc)(followed)
- Bell Atl. Corp. v. Twombly, 550 U.S. 544, 555, 557, 570 (2007)(followed)
- Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009)(followed)
- Erickson v. Pardus, 551 U.S. 89, 94 (2007) (per curiam)(followed)
- Jenkins v. McKeithen, 395 U.S. 411, 421 (1969)(followed)
- Moore v. United Kingdom, 384 F.3d 1079, 1089 (9th Cir. 2004)(followed)
- St. Michael's Convalescent Hosp. v. California, 643 F.2d 1369, 1373 (9th Cir. 1981)(followed)
- Cato v. United States, 70 F.3d 1103, 1105-06 (9th Cir. 1995)(followed)
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Cited In (0)
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Court Document
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