FILED UNITED STATES DISTRICT COURT MAY - 8 2009 FOR THE DISTRICT OF COLUMBIA NANCY MAYER WHITTINGTON ClERK U.S. DISTRICT COURT' Frankie Dean Thomas, ) ) Plaintiff, ) ) v. ) Civil Action No. ) t~i)~52 ) CUSIP Service Bureau, ) ) Defendant. )

MEMORANDUM OPINION

This matter is before the Court on review of plaintiff s pro se complaint and application

to proceed in forma pauperis. The application will be granted and the complaint will be

dismissed pursuant to 28 U.S.C. § 1915A (requiring dismissal of a prisoner's complaint upon a

determination that the complaint, among other grounds, fails to state a claim upon which relief

can be granted).

Plaintiff, an inmate at the United States Penitentiary Allenwood in White Deer,

Pennsylvania, sues a private company based in New York, New York, see www.cusip.com.

under the Freedom oflnformation Act ("FOIA"),

. The federal FOIA applies

only to executive-branch agencies of the United States. See

(f) (defining agency

as "any executive department. .. Government corporation, Government controlled corporation,

or other establishment in the executive branch of the Government ... , or any independent

regulatory agency"). The complaint therefore fails to state a claim upon which relief can be

granted. A separate Order of dismissal accompanies this Memorandum Opinion.

Date: April 1,..- r f\- ,2009 ~d)~ Unite States District Judge