Michael C. Antonelli v. Executive Office for United States Attorneys
Docket: 92-2416
Court: Court of Appeals for the Seventh Circuit; June 6, 1994; Federal Appellate Court
Michael C. Antonelli filed a complaint in forma pauperis under the Freedom of Information Act (FOIA), seeking access to unspecified records from the Executive Office for United States Attorneys. The district court deemed the complaint defective for lacking identification of the requested records and failing to demonstrate that Antonelli had exhausted his administrative remedies. The court denied his motion to proceed in forma pauperis but offered him the opportunity to amend his complaint within twenty days. After seven months without an amended complaint, the court dismissed the action. Under 28 U.S.C. § 1915(d), a complaint may be dismissed as frivolous if it lacks a factual or legal basis. The court's review of such a dismissal is for abuse of discretion. Antonelli's complaint did not specify the records sought, failing to provide an arguable basis for relief, as FOIA requires that requests reasonably describe the records. Additionally, Antonelli did not plead exhaustion of remedies as required by precedent. The district court had previously guided him on necessary information for his claims and provided an opportunity to amend, which he neglected. Antonelli also claimed unfair treatment compared to his suits in the District of Columbia Circuit, where he was allowed to proceed in forma pauperis. However, this argument did not warrant a reversal of the district court's decision. The appellate court affirmed the dismissal, noting that oral argument was deemed unnecessary for this case.