Alston v. Mississippi Department of Transportation

Filing 128

ORDER re FOIA Request 119 . Signed by Magistrate Judge Jane M. Virden on 7/25/236. (ncb)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF MISSISSIPPI
GREENVILLE DIVISION
JASON D ALSTON

PLAINTIFF

V.

CAUSE NO. 4:16CV00236-DMB-JMV

MISSISSIPPI DEPARTMENT
OF TRANSPORTATION

DEFENDANT
ORDER

Before the Court is Plaintiff’s “Freedom of Information Act Request” [119] asserted
pursuant to “5 U.S.C. § 552, the Privacy Act 5 U.S.C. § 552(a) [sic] and Mississippi Public
Records Act § 25-61-1 Et Seq.” Having thoroughly considered the filing, with respect to the
Freedom of Information Act, the undersigned would simply direct all interested parties to 5
U.S.C. §552(f) (adopting “agency” definition at 5 U.S.C. § 551(1)(B), specifically excluding
“the courts of the United States”). As concerns the Privacy Act, see 5 U.S.C. §552a(a)(1) for
the definition of applicable agencies. Finally, with respect to the “Mississippi Public Records
Act,” parties are directed to MISS. CODE ANN. § 25-61-3 (West 2018), which defines applicable
state “public bodies” or entities and “public records.”
This 25th day of July, 2018.

/s/ Jane M. Virden
U. S. MAGISTRATE JUDGE

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