1 The Court liberally construed this action in the nature of mandamus for purposes

of determining the applicable filing fee

IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF TEXAS

DALLAS DIVISION

DARLINGTON NNABUIHE, )

Plaintiff, )

)

v. ) 3:05-CV-2115-H

) ECF

DALLAS COUNTY CRIMINAL COURTS, )

et al., )

Defendant. )

FINDINGS, CONCLUSIONS AND RECOMMENDATION

OF THE UNITED STATES MAGISTRATE JUDGE

Pursuant to the provisions of 28 U.S.C. § 636(b), and an order of the Court, the subject

cause has been referred to the United States Magistrate Judge. The findings, conclusions and

recommendation of the Magistrate Judge are as follows:

FINDINGS AND CONCLUSIONS:

Type of Case: This is a civil action brought under the Freedom of Information Act

(FOIA), 5 U.S.C. § 552, by a detainee who is undergoing deportation or revocation proceedings. 

He has paid the $5.00 filing fee required by this Court.1 

Parties: Plaintiff is presently detained by the Bureau of Immigration and Customs

Enforcement (ICE) at the Rolling Plains Detention Center in Haskell, Texas. (Complaint at 1-2). 

Defendants are the “Dallas County Criminal Court, the Clerk of the court, District Attorney and

whoever that is in possession of records that Petitioner seeks.” (Id. at 1). The Court has not

issued process in this case.

 

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2

Statement of Case: The complaint alleges that Defendants, state agencies, have refused

to provide Plaintiff records that he has requested since September 1994. The requested records

relate to a Dallas County criminal proceeding, specifically “Crim. Case No.: MA-97-45378.” 

(Id. at 1-2). Plaintiff requests declaratory, injunctive, and monetary relief. (Id. at 2-3). 

 Findings and Conclusions: Before addressing the complaint, the Court must first

examine the threshold question of whether it has subject matter jurisdiction. That is an issue of

paramount concern, and should be addressed, sua sponte if necessary, at the inception of any

federal action. System Pipe & Supply, Inc. v. M/V Viktor Kurnatovsky, 242 F.3d 322, 324 (5th

Cir. 2001); Moody v. Empire Life Ins. Co., 849 F.2d 902, 904 (5th Cir. 1988). 

This Court lacks jurisdiction over Plaintiff’s claim challenging the denial of state agency

records. The Freedom of Information Act (FOIA), 5 U.S.C. § 552, applies only to requests for

federal agency records. See Wright v. Curry, 122 F. Appx. 724, 725-726, (5th Cir. 2004)

whereas only the Texas Open Records Act, TEX. GOV’T CODE § 552.001, et seq., applies to

requests for state agency records. Furthermore, since there is no federal constitutional right to

obtain records from a criminal case except on direct appeal, E.g. see Colbert v. Beto, 439 F.2d

1130, 1132 (5th Cir. 1971) and Bonner v. Henderson, 517 F.2d 135, 136 (5th Cir. 1975), no other

basis for federal jurisdiction is present.

 

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3

RECOMMENDATION:

For the foregoing reasons, it is recommended that Plaintiff's complaint be dismissed for

want of jurisdiction. 

The Clerk will mail a copy of this recommendation to Plaintiff.

Signed this 5th day of January, 2006.

____________________________________

WM. F. SANDERSON, JR.

UNITED STATES MAGISTRATE JUDGE

NOTICE

In the event that you wish to object to this recommendation, you are hereby notified that

you must file your written objections within ten days after being served with a copy of this

recommendation. Pursuant to Douglass v. United Servs. Auto Ass'n, 79 F.3d 1415 (5th Cir.

1996) (en banc), a party's failure to file written objections to these proposed findings of fact and

conclusions of law within such ten-day period may bar a de novo determination by the district

judge of any finding of fact or conclusion of law and shall bar such party, except upon grounds

of plain error, from attacking on appeal the unobjected to proposed findings of fact and

conclusions of law accepted by the district court.

 

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