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Strunk v State

Strunk v State

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Published by: ObamaRelease YourRecords on Mar 13, 2011
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03/18/2011

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UNITED STATES DISTRICT COURTFOR THE DISTRICT OF COLUMBIA
CHRISTOPHER EARL STRUNK,Plaintiff,
v.
UNITED STATES DEPARTMENTOF STATE,
et al.,
Defendants.
)))))))))))
Civil Action No. 08-2234 (RJL)
--------------------------)
MEMORANDUM OPINION
M a r c h ~ l 
Plaintiff brings this action under the Freedom oflnformation Act ("FOIA),
see
5 U.S.C. §552, seeking information from the United States Departments
of
State ("DOS") and HomelandSecurity ("DHS") about Stanley Ann Dunham, President Obama's deceased mother. This matteris before the Court on defendants' motion for summary judgment, and for the reasons discussedbelow, the motion will be granted in part and denied in part without prejudice.
1
I.
BACKGROUND
A.
FOIA Requests to the State Department
1.
Request No. 200806553Plaintiff submitted a FOIA request to the DOS, Am. Compi.
~
12, seeking the following:The Court will grant defendants' motion for summary judgment with respect tothe
DOS's
response to
plaintiffs
FOIA request, and
plaintiffs
"Notice
of
Motion for an Order
of
the Department
of
State to Release the FOIA Requested Information
of
Stanley-Ann Dunham"will be denied.
1
 
[I]nformation or records related to Stanley Ann Dunham bornNovember 29, 1942 at Fort LeavenworthKS. U.S.,a.k.a. Stanley AnnDunham Obama
...
who died on November
7,
1995 under the nameStanley Ann Dunham Soetoro (a.k.a. Sutoro) for any and or all exitand entry records for travel outside
ofthe
USA for the period between1960 through 1963.
Id.,
Ex. A (Letter to the DOS from plaintiff dated October 16, 2008). The DOS assigned therequest a control number, Request No. 200806553, and notified plaintiff that this informationlikely would be maintained by the Bureau
of
Customs and Border Protection ("CBP"), acomponent
of
the DHS. Mem.
of
Law in Supp.
of
Defs.' Mot. for Summ.
J.
("Defs.' Mem."),Decl.
of
Alex Galovich ("Galovich Decl.")
~
5.
The DOS provided plaintiff the address to whichhe could submit a FOIA request directly to the CBP, and closed the matter.
Id.,
Ex. 2 (Letter toplaintiff from Patrick Scholl, Chief, Requester Communications Branch, DOS, dated January 12,2009).
2.
Request No. 200807238Plaintiff submitted a separate request "electronic [ally] via the [State] Department's FOIAwebsite," Galovich Decl.
~
6, for the following:[D]ocuments on
...
Stanley Ann Dunham, a/kIa
Ann
Dunham a/kIaStanley Ann Obama a/kJa Ann Obama a/kJa Stanley Ann Soetoroa/kJa Ann Soetoro a/kJa Stanley Ann Sutoro a/kJa Ann Sutoro a/kIaStanley Ann DunhamObama a/kIa Ann Dunham Obama, bornNovember 28, 1942 at Fort Leavenworth KS U.S., a.k.a. Stanley AnnDunham Obama and who died on November 7, 1995 under the nameStanley Ann Dunham Soetoro (a.k.a. Sutoro)Am. CompI., Ex. E (FOIA request dated November
22,2008,
Ref. No. B8475).2 Specifically,
2
The Court already has resolved the portion
ofplaintiffs
FOIA request for recordspertaining to then-President-Elect Barack Obama.
See Strunk
v.
Us.
Dep't a/State,
693
F.
Supp.2d 112 (D.D.C. 2010).2
 
plaintiff sought:
a.
applications for a
u.s.
Passport;
b.
entry and exit passport Records pertaining to the UnitedStates and Kenya from January
1,
1960 to December 31, 1975and from January
1,1979
to December 31, 2005;
c.
entry and exit passport records pertaining to the United Statesand Indonesia from January
1,1960
to December
31,1973,
and from January
1,1979
to December
31,1985;
d.
travel records . . .
on
aU.
S. passport, Kenyan passport,Indonesian passport, or any other foreign passport or visa;
e.
foreign birth certificate registered
or
filed with the U.S.Embassy in Kenya or Indonesia for Barack H. Obama;
f.
foreign birth registry filed by Stanley Ann Dunham with theU.S. Embassy in Kenya or Indonesia for Barack H. Obama;and
g.
adoption records or other government records acknowledgingBarack H. Obama as Lolo Soetoro's son.
See
id
at
1.
"[A]n automated response acknowledging and summarizing
Plaintiffs
request wasE-mailed to[him]." Galovich Decl.
~
7;
see
id,
Ex. 3 (E-mail message to plaintiff datedNovember 22, 2008).Acknowledging that Ms. Dunham "is widely known as a matter
of
public record to bedeceased," Galovich Decl.
~
9, the DOS "process[ed] the request for records in category (a)
of
[plaintiffs FOIA] request under
...
control number 200807238."
Id;
see
id,
Ex. 5 (Letter toplaintiff from
P.
Scholl dated January 12,2009) at 1-2. A search
of
records maintained by theOffice
of
Passport Services located six documents, all
of
which were released to plaintiff in full.
Id.
~
12. The "other aspects
of
his FOIA request were assigned case control number
200807272."
Id
~
10. Records responsive to categories (b), (c), and (d)
ofplaintiffs
request"would be with the [DHS'
s]
Bureau
of
Customs and Border Protection
or
with the NationalArchives," and the DOS provided plaintiff with addresses
of
those agencies.
Id
3

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