Mahtesian

ORDER GRANTING MOTION TO DISMISS

This matter comes before the Court on Defendant’s Motion to Dismiss the complaint pursuant to Federal Rules of Civil Procedures 12(b)(1) and (6). Having carefully considered the parties’ oral and written arguments, and the record herein, the Court agrees that Plaintiff lacks standing to pursue this action, and thus Defendant’s motion to dismiss shall be granted for the reasons set forth below.

I. BACKGROUND

On March 31, 2003, Barbara M. Rizzo, an attorney, submitted a request for information under the Freedom of Information Act (“FOIA”), 5 U.S.C. section 552 et seq. to Defendant, the United States Office of Personnel Management (“OPM”). The request stated that Ms. Rizzo was representing a “client,” but did not identify the client. OPM granted the request in part, and denied it in part, on the ground that certain of the materials, or parts thereof, were exempt from disclosure under the FOIA.

Thereafter, the “client” — now disclosed to be Plaintiff Ronald Mahtesian — filed this action under the FOIA seeking an order requiring OPM to produce the withheld documents, namely materials relating to background investigations, security clearances, and…