Datta v. USA

Filing 79

MEMO ENDORSED ORDER denying 78 Motion re: 78 MOTION FOR CLARIFICATION & SOLICITATION OF THE RECORDS SUPPORTING JURISDICTION OF THE GOVERNMENT TO PROSECUTE THE PETITIONER & RULINGS OF THE HON. COURT. ENDORSEMENT: Vikram Datta, an apparentl y indefatigable pro se litigant, endlessly attacks his long since affirmed convictions for conspiracies to commit money laundering and to travel internationally in aid of racketeering. He now purports to move pursuant to the Freedom of Information Act ("FOIA)")-both in the long-since completed criminal case and in a now concluded civil docket assigned to a Section 2255 motion -"for clarification & solicitation of the records supporting jurisdiction of the government to prose cute the petitioner and ruling(s) of the honorable court." The application is DENIED. Among other reasons supporting this result that need not be stated here, are these: First, neither of the cases in which Datta has filed this purported acti on remain pending. If he wishes to file an action for relief under FOIA, he must commence a new civil action in an appropriate venue and, absent in forma pauperis relief, pay the requisite filing fee. Second, the clarification and records Datta p urports to seek would be from the court. A FOIA request, however, must be directed to an "agency" of the United States government. 5 U.S.C. § 552,passim. The statutory definition of"agency" specifically and explicitly excludes "the courts of the United States." Id § 551(1)(B). SO ORDERED. (Signed by Judge Lewis A. Kaplan on 2/2/24) (yv)