(PS) Graham v. U.S. Dept. of Homeland Security
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MARK E. GRAHAM, Case No. 2:19-cv-02429-TLN-JDP (PS) Plaintiff, FINDINGS AND RECOMMENDATIONS
THAT DEFENDANTS’ MOTION TO
v. DISMISS BE DENIED UNITED STATES DEPARTMENT OF ECF No. 27 HOMELAND SECURITY, et al., OBJECTIONS DUE WITHIN 14 DAYS Defendants.
17 Plaintiff, proceeding without counsel on his first amended complaint, alleges that defendants have violated the Freedom of Information Act, 5 U.S.C. § 552 (“FOIA”), by failing to provide certain information in response to two information requests. ECF No. 26. Defendants move to dismiss the earlier of plaintiff’s two claims as time-barred. ECF No. 27. Citing 5 U.S.C. § 552(a), defendants argue that this claim accrued, and the six-year statute of limitations clock began to run, on May 17, 2013, twenty business days after U.S. Immigration and Customs Enforcement (“ICE”) received plaintiff’s appeal. Notably, one day before this supposed claim- 25…