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”), and
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.
60] and Plaintiff's motion to file a second amended
complaint to add the USPS as a defendant [ECF No. 64].
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. 61].
Plaintiff having responded to the motion to dismiss [ECF No.
65], it is ripe for disposition.
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 to dismiss 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 the
district judge grant Defendants' motion to dismiss and
deny Plaintiff's motion to file a second amended
Factual and Procedural Background
states her father was a United States citizen stationed in
Japan, where she was born in a Army hospital. [ECF No. 51 at
5]. Plaintiff claims her birth was certified and her birth
certificate was issued by the American Embassy in Tokyo,
amended complaint, Plaintiff states she went to the post
office in Columbia, South Carolina, 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 that 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
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. at 4. Plaintiff states the certified receipt
indicated Rowland received the request on November 16, 2016,
but 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.
claims she mailed Rowland a second FOIA request on December
31, 2016, seeking the above-referenced information, plus the
following additional information:
1) Roberts' full job description;
2) Roberts' pay grade and salary, date of employment and
employment as a passport clerk for the post office;
3) Copy of Roberts' certification of training.
Id. Plaintiff states she received an initial
response from Rowland on January 17, 2017, but that he did
not provide all the requested information or request ...