Engberg v. U.S. Department of Justice

Filing 22

ORDER adopting 21 --REPORT AND RECOMMENDATION; granting 9 --motion for summary dgment by U.S. Department of Justice; denying 12 --cross-motion for summary judgment; directing the Clerk to ENTER JUDGMENT in favor of the defendant and against the plaintiff, to TERMINATE any pending motion, and to CLOSE the case. Signed by Judge Steven D. Merryday on 9/27/2011. (BK)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION

ERIC J. ENGBERG,
Plaintiff,
v.

CASE NO.: 8:10-cv-1775-T-23MAP

U.S. DEPARTMENT OF JUSTICE,
Defendant.
__________________________________/

ORDER
The plaintiff seeks (Doc. 1) judicial review of the Department of Justice’s denial of
a Freedom of Information Act (FOIA) request. A March 2, 2011, order (Doc. 10) refers
to Magistrate Judge Mark A. Pizzo for a report and recommendation the defendant’s
motion for summary judgment (Doc. 9) and the plaintiff’s cross-motion for summary
judgment. (Doc. 12)
Magistrate Judge Pizzo recommends (Doc. 21) granting the defendant’s motion
for summary judgment because FOIA exemptions at 5 U.S.C. § 552(b)(3), (5), (6), and
7(C) protect from disclosure extensive information within the disputed document, a
“Report of Investigation” authored by the Department. Further, Magistrate Judge Pizzo
finds that exempt information sufficiently permeates the document and renders
“meaningful segregation impossible.” The plaintiff failed to object to the
recommendation.

The report and recommendation (Doc. 21) is ADOPTED. The defendant’s motion
for summary judgment (Doc. 9) is GRANTED and the plaintiff’s cross-motion for
summary judgment (Doc. 12) is DENIED. The Clerk is directed to (1) enter judgment in
favor of the defendant and against the plaintiff, (2) terminate any pending motion, and
(3) close the case.
ORDERED in Tampa, Florida, on September 27, 2011.

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