(PS) Graham v. U.S. Dept. of Homeland Security

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

v. UNITED STATES DEPARTMENT OF HOMELAND SECURITY, et al., 15 Defendants. 16 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 requests. ECF No. 26. Defendants have filed a motion to dismiss for lack of subject matter jurisdiction, or in the alternative for summary judgment, arguing that plaintiff’s claims were rendered moot by their production of responsive records. ECF No. 45. Plaintiff has filed an opposition and cross motion for summary judgment, arguing that defendants have not shown that they have produced all responsive records, and asking that defendants produce a Vaughn index. ECF Nos. 50, 51, & 52. I find that the parties’ motions are insufficient to enable a resolution on the…