United States District Court, D. South Carolina, Columbia Division
REPORT AND RECOMMENDATION
V. HODGES, UNITED STATES MAGISTRATE JUDGE.
Maureen Johnson (“Plaintiff”) is a postal
customer who filed this action pro se against
Russell Roberts and Walter Roland (“Defendants”).
Defendants are employees of the United States Postal Service
(“USPS”). Plaintiff seeks $900, 000 in
compensatory and punitive damages arising from the following
1) violation of the Freedom of Information Act, 5 U.S.C.
§ 552 (“FOIA”), against Rowland,
2) violation of 42 U.S.C. § 1983 against Roberts,
3) violation of Title VII of the Civil Rights Act of 1964, 42
U.S.C. § 2000e-2 (“Title VII”),
4) violation of the Due Process Clause of the United States
matter comes before the court on Defendants' motion to
dismiss pursuant to Fed.R.Civ.P. 12(b)(1) and (6). [ECF No.
39]. Pursuant to Roseboro v. Garrison, 528 F.2d 309
(4th Cir. 1975), the court advised Plaintiff of the dismissal
procedures and the possible consequences if she failed to
respond adequately to Defendants' motion. [ECF No. 40].
The motion having been fully briefed [ECF No. 42], it is ripe
to the provisions of 28 U.S.C. § 636(b)(1)(B) and Local
Civ. Rule 73.02(B)(2)(e) (D.S.C.), this case has been
referred to the undersigned for all pretrial proceedings.
Because the motion is dispositive, this report and
recommendation is entered for review by the district judge.
Having carefully considered the parties' submissions and
the record in this case, the undersigned recommends that the
district judge grant Defendants' motion to dismiss.
Factual and Procedural Background
states her father was a U.S. Citizen stationed in Japan,
where she was born in a U.S. Army hospital. [ECF No. 11 at
5]. Plaintiff claims her birth was certified and her birth
certificate was issued by the U.S. Embassy in Tokyo, Japan.
amended complaint, Plaintiff states she went to the post
office on October 7, 2016, to apply for a passport.
Id. at 2. She claims that she presented her birth
certificate to the clerk, who presented it to Roberts at his
desk across the room. Id. Plaintiff states Roberts
observed her birth certificate was issued by the American
Embassy in Tokyo, Japan and “denied her application by
announcing in a loud obnoxious voice, ‘You
are not an American. You were not
born in this country!'” Id.
at 2-3 (emphasis in original). Plaintiff alleges there were
several dozen people in the post office, and everyone who
heard Roberts' comment turned and looked at Plaintiff.
Id. at 3. Plaintiff claims Roberts' actions
violated her rights under the Due Process clause, §
1983, and Title VII, and caused her emotional distress.
states that on November 9, 2016, she filed a FOIA request
with Postmaster Rowland seeking:
1) Robert's full name and job description;
2) Rules and regulations on how to process passports; and
3) How clerks handle foreign or out of country birth
Id. Plaintiff states the certified receipt indicated
Rowland received the request on November 16, 2016, but that
he failed to respond to her FOIA request. Id.
Plaintiff states she notified Rowland that he was violating 5
U.S.C. § 552 by failing to respond. Id. at 4.
claims she mailed Rowland a second FOIA request on December
31, 2016, seeking the above-referenced information, ...