MD – Taitz v Colvin – motion to dismiss second amended complaint

Orly is cruising towards yet another dismissal. There is no evidence that Harrison J Bounel ever filed for a social security number.

In FOIA cases, an agency’s release of documents eliminates any live controversy between the parties because it gives the requester the relief sought in the FOIA complaint.

As to the social security number belonging to our President:

SSA has previously advised Plaintiff that SSA cannot disclose information about the SSN she asserts belongs to Mr. Bounel because the individual holding the SSN is living. See September 2013 Wiggins Suppl. Declaration ¶ 7. Plaintiff has made multiple FOIA requests to SSA and initiated previous lawsuits for information about the SSN she asserts belongs to Mr. Bounel. See Taitz v. Astrue, 806 F.Supp.2d 214, 217 (D.D.C. 2011), aff’ d, No. 11-5304, 2012 U.S. App. LEXIS 10713 (D.C. Cir. May 25, 2013) (SSA properly withheld a Form SS -5 under FOIA Exemption 6 because disclosure of the form, which the requestor contended was for a number being fraudulently used by President Barack Obama, would implicate a substantial privacy interest while serving no public interest cognizable under FOIA.); Taitz v. Obama, 707 F.Supp.2d 1 (D.D.C. 2010),  recons. denied, 754 F.Supp.2d 57 (D.D.C. 2010). SSA has consistently withheld information about this SSN under FOIA exemption 6, and the United States District Court for the District of Columbia has upheld such withholding. Id.

2014-01-30 28 MOTION to Dismiss the Second Amended Complaint or, in the Alternative, for Summary Judgment by Carolyn Colvin Responses due by 2/18/2014 (Attachments: # 1 Memorandum of Law, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E)(Loucks, Allen) (Entered: 01/30/2014)

I predict another loss for Orly, leaving her record of zero wins fully intact.