I. Whether, given "the accepted rule that a complaint should not be dismissed for failure to state a claim unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief ', as articulated in Conley v. Gibson, 355 U.S. 41 (1957), it constitutes a violation of due process, under the Fifth Amendment, when an agency fails to respond, in any manner, to a request for documents under the Freedom of Information Act (FOIA ), 5 U.S.C. § 552/Privacy Act (PA), 5 U.S.C. § 552a.

II. Whether, under Fed.R.Civ.Pro. 8, the guidance that "all the Rules require is 'a short and plain statement of the claim ' [footnote omitted] that will give the defendant fair notice of what the plaintiffs claim is and the grounds upon which it rests ", Id. (citing Fed.R.Civ.Pro. 8(a)(2)), imposes a limit upon the extent to which an unrepresented plaintiff may articulate allegations in his or her claim.

III. Whether a Trial Court, in abuse of discretion, offends Fed.R.Civ.Pro. 8(f)'s mandate that "all pleadings shall be so construed as to do substantial justice, " where, granted priority of action, under statute, 28 U.S.C. § 1657, and where granted a specific right to "to enjoin the agency from withholding agency records and to order the production of any agency records improperly withheld from the complainant ", 5 U.S.C. § 552(a)(4)(B), having been acknowledged to have been "deemed to have exhausted his administrative remedies with respect to such request if the agency fails to comply with the applicable time limit provisions of this paragraph ", 5 U.S.C. § 552 (6)(C)(i), by dismissing said complaint.

IV. Whether, under Fed.R.Crim.Pro. 6(a), which provides, in relevant part that "the court must order that one or more grand juries be summoned ", it is sufficiently in the public interest, where a court is presented a prima facie case for commission of a felony, precluding prosecutorial discretion.

Whether the failure of an agency to respond to a FOIA request violates due process