Gasparutti

ORDER GRANTING DEFENDANT USA’S MOTION TO DISMISS

Defendant’s motion to dismiss was submitted for decision. The court, the Honorable Robert J. Timlin, has read and considered the moving and opposing papers. Based on such consideration, the court concludes as follows:

I.

Background

Plaintiff Benigno Antonio Gasparutti (“Gasparutti”) filed a complaint against the United States of America (“USA”) pursuant to the Freedom of Information Act (“FOIA”) asserting (1) that under FOIA sections 552(a)(1)(B), 552(a)(1)(D), 552(a)(2)(B), 552(a)(2)(C), 552(a)(3), and 552(a)(4)(B) USA must release to him “certain agencies records of statements of the general course of action and methods by which / its functions are channeled and determined, including the nature and requirements of all formal and informal Agencies procedures now in its possession or under its control, (2) the court should find under FOIA sections 552(a)(4)(B), 552(a)(4)(E), and 552(a)(4)(F) that the IRS deprived plaintiff of his wages and his social security pension without due process of law, (3) that this court should find under FOIA section 552(a)(4)(B) that a certain bankruptcy action was fraudulent and caused plaintiff…