Earl F. Debold v. William R. Stimson, Dir. of Support, U.S. Post Off., Gary, Indiana, 735 F.2d 1037 (7th Cir. 1984). · Go Syfert
Earl F. Debold v. William R. Stimson, Dir. of Support, U.S. Post Off., Gary, Indiana, 735 F.2d 1037 (7th Cir. 1984). Cases Citing This Book View Copy Cite
61 citation events (16 in the last 25 years) across 28 distinct courts.
Strongest positive: Sotir Libarov v. ICE (ca7, 2025-06-10)
Treatment trajectory · 1985 → 2026 · click a year to view as-of
1985 2005 2026
Top citers, strongest first. 46 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) Sotir Libarov v. ICE
7th Cir. · 2025 · quote attribution · 1 verbatim quote · confidence high
once the requested documents have been produced, the claim for relief under foia becomes moot.
discussed Cited as authority (verbatim quote) Sotir Libarov v. ICE
7th Cir. · 2025 · quote attribution · 1 verbatim quote · confidence high
once the requested documents have been produced, the claim for relief under foia becomes moot.
discussed Cited as authority (verbatim quote) Walsh, Dennis R. v. US Dept Veterans
7th Cir. · 2005 · quote attribution · 1 verbatim quote · confidence high
once the requested documents have been produced, the claim for relief under foia becomes moot.
cited Cited as authority (rule) HURSTON v. INDIANA GAMING COMPANY LLC
S.D. Ind. · 2023 · confidence medium
See Kay v. Ehrler, 499 U.S. 432 (1991); Smith v. DeBartoli, 769 F.2d 451, 453 (7th Cir. 1985); DeBold v. Stimson, 735 F.2d 1037, 1041 (7th Cir. 1984).
cited Cited as authority (rule) White v. Executive Office of US Attorneys
S.D. Ill. · 2020 · confidence medium
DeBold v. Stimson, 735 F.2d 1037, 1042-43 (7th Cir. 1984).
discussed Cited as authority (rule) Jerry and Patricia A. Dixon v. Commissioner
Tax Ct. · 2009 · confidence medium
Cir. 1989) (“[U]nder the EAJA, [the prevailing party] should be able to recover ‘reasonable fees and expenses’ of attorneys for their independently retained pro bono counsel despite the fact that, if we denied fees, they [the prevailing party] would not pay any fees to counsel.”); Eggers v. Bullitt County School Dist., 854 F.2d 892 , 899 (6th Cir. 1988); Watford v. Heckler, 765 F.2d 1562 , 1567 n.6 (11th Cir. 1985) (“[I]t is well-settled that, in light of the act’s legislative history and for reasons of public policy, plaintiffs who are represented without charge are not generally …
cited Cited as authority (rule) Lapka, Leah v. Chertoff, Michael
7th Cir. · 2008 · signal: cf. · confidence medium
Cf. DeBold v. Stimson, 735 F.2d 1037, 1040 (7th Cir. 1984).
cited Cited as authority (rule) Lapka v. Chertoff
7th Cir. · 2008 · signal: cf. · confidence medium
Cf. DeBold v. Stimson, 735 F.2d 1037, 1040 (7th Cir.1984).
discussed Cited as authority (rule) Dennis R. Walsh v. United States Department of Veterans Affairs
7th Cir. · 2005 · confidence medium
See also Matter of Wade, 969 F.2d 241, 248 (7th Cir.1992) (“In FOIA cases, mootness occurs when requested documents have already been produced.”); DeBold v. Stimson, 735 F.2d 1037, 1040 (7th Cir.1984) (“Once the requested docu *537 ments have been produced, the claim for relief under FOIA becomes moot.”); Perry v. Block, 684 F.2d 121, 125 (D.C.Cir.1982) ("[H]owever fitful or delayed the release of information under the FOIA may be, once all requested records are surrendered, federal courts have no further statutory function to perform.”).
discussed Cited as authority (rule) Bensman v. United States Fish & Wildlife Service
7th Cir. · 2002 · confidence medium
We agree with the district court’s conclusion that Bensman’s demand to be paid for his personal work time is properly interpreted as a request for attorney’s fees, which pro se litigants cannot recover under FOIA. 5 U.S.C. § 552 (a)(4)(E); DeBold v. Stimson, 735 F.2d 1037, 1042-43 (7th Cir.1984).
discussed Cited as authority (rule) Union of Needletrades, Industrial & Textile Employees v. United States Immigration & Naturalization Service
S.D.N.Y. · 2002 · confidence medium
See, e.g., Vermont Low Income, 546 F.2d at 513 ; see also Maynard v. CIA, 986 F.2d 547, 568 (1st Cir.1993); Reinbold, 187 F.3d at 363; Barrett v. Bureau of Customs, 651 F.2d 1087, 1088 (5th Cir.1981); DeBold v. Stimson, 735 F.2d 1037, 1041 (7th Cir.1984); Chesapeake Bay Found., Inc. v. U.S., Dept. of Agric., 11 F.3d 211, 216 (D.C.Cir.1993).
cited Cited as authority (rule) Looney v. Walters-Tucker
D.D.C. · 2000 · confidence medium
In the one exception, DeBold v. Stimson, 735 F.2d 1037, 1040 (7th Cir.1984), the .district court denied the plaintiffs FOIA request after finding that all responsive records had been produced to him.
discussed Cited as authority (rule) Fisher v. Federal Bureau of Investigation
D. Conn. · 2000 · confidence medium
This is true whether the litigation has already begun, as in DeBold v. Stimson, 735 F.2d 1037, 1040 (7th Cir.1984), or if the requested documents are simply delivered late, as in Lovell v. Alderete, 630 F.2d 428, 430 (5th Cir.1980).
cited Cited as authority (rule) Wheeler v. Internal Revenue Service
W.D. Pa. · 1998 · confidence medium
See Cunningham, 664 F.2d at 387 n. 4; see also Merrell v. Block, 809 F.2d 639, 641 (9th Cir.1987); DeBold v. Stimson, 735 F.2d 1037, 1043 (7th Cir.1984); Clarkson, 678 F.2d at 1371 .
cited Cited as authority (rule) Gmri, Inc. v. Equal Employment Opportunity Commission
6th Cir. · 1998 · confidence medium
Carter, 780 F.2d at 1481 ; DeBold v. Stimson, 735 F.2d 1037, 1040 (7th Cir.1984); Ginter v. IRS, 648 F.2d 469, 471 (8th Cir.1981).
cited Cited as authority (rule) Vazquez v. Sears, Roebuck & Co. (In Re Vazquez)
Bankr. N.D. Ill. · 1998 · confidence medium
DeBold v. Stimson, 735 F.2d 1037, 1042-43 (7th Cir.1984) (footnotes omitted) (pro se litigant denied attorney’s fees under Freedom of Information Act).
cited Cited as authority (rule) Thompson v. Internal Revenue Service
N.D. Ind. · 1998 · confidence medium
DeBold v. Stimson, 735 F.2d 1037, 1040 (7th Cir.1984).
cited Cited as authority (rule) Chicago Tribune Co. v. U.S. Department of Health & Human Services
N.D. Ill. · 1998 · confidence medium
DeBold v. Stimson, 735 F.2d 1037, 1041 (7th Cir.1984); Whalen v. Internal Revenue Service, No. 92 CV 4841, 1993 WL 532506 *3 (N.D.Ill.Dec.20, 1993).
cited Cited as authority (rule) Boyadjian v. Cigna Companies
D.N.J. · 1997 · confidence medium
DeBold v. Stimson, 735 F.2d 1037, 1042-43 (7th Cir.1984).
discussed Cited as authority (rule) Abernethy v. Internal Revenue Service
N.D. Ga. · 1995 · confidence medium
See, e.g., Matter of Wade, 969 F.2d 241, 248 (7th Cir.1992); Tijerina v. Walters, 821 F.2d 789, 799 (D.C.Cir.1987); DeBold v. Stimson, 735 F.2d 1037, 1040 (7th Cir.1984); Perry v. Block, 684 F.2d 121, 125 (D.C.Cir.1982); Crooker v. U.S. State Dep’t, 628 F.2d 9, 10 (D.C.Cir.1980). *1567 With respect to Count Two, Defendant also released numerous documents but withheld certain documents.
discussed Cited as authority (rule) Biondo v. Department of the Navy
D.S.C. · 1995 · confidence medium
In an access ease, “[o]nce the requested documents have been produced, the claim for relief ... becomes moot.” DeBold v. Stimson, 735 F.2d 1037, 1040 (7th Cir. 1984) (U.S. Postal Service turned over documents requested under FOIA during the course of the litigation.); See also Lovell v. Alderete, 630 F.2d 428 (5th Cir.1980) (Although the information was delivered late, where plaintiff received all of the requested documents, his action was moot.) Id. at *3 (emphasis added).
discussed Cited as authority (rule) Ray v. United States Deparment of Justice, Immigration & Naturalization Service
S.D. Fla. · 1994 · confidence medium
Benavides v. Bureau of Prisons, 993 F.2d 257, 259 (D.C.Cir.), cert. denied, — U.S. -, 114 S.Ct. 559 , 126 L.Ed.2d 460 (1993); DeBold v. Stinson, 735 F.2d 1037, 1042-43 (7th Cir.1984); Wolfel v. United States, 711 F.2d 66, 68-69 (6th Cir.1983); Clarkson v. I.R.S., 678 F.2d 1368, 1368-1371 (11th Cir.1982), cert. denied, 481 U.S. 1031 , 107 S.Ct. 1961 , 95 L.Ed.2d 533 (1987); Cunningham v. FBI, 664 F.2d 383 , 384-387 (3d Cir.1981); Barrett v. Bureau of Customs, 651 F.2d 1087, 1090 (5th Cir.1981), cert. denied, 455 U.S. 950 , 102 S.Ct. 1454 , 71 L.Ed.2d 665 (1982); Crooker v. U.S. Dept. of Treas…
cited Cited as authority (rule) Anderson v. United States Department Of Health & Human Services
10th Cir. · 1993 · confidence medium
Carter v. Veterans Admin., 780 F.2d 1479, 1481 (9th Cir.1986); DeBold v. Stimson, 735 F.2d 1037, 1040 (7th Cir.1984); Webb v. Department of Health & Human Servs., 696 F.2d 101, 106 (D.C.Cir.1982).
cited Cited as authority (rule) Anderson v. United States Department of Health & Human Services
10th Cir. · 1993 · confidence medium
Carter v. Veterans Admin., 780 F.2d 1479, 1481 (9th Cir.1986); DeBold v. Stimson, 735 F.2d 1037, 1040 (7th Cir.1984); Webb v. Department of Health & Human Servs., 696 F.2d 101, 106 (D.C.Cir.1982).
discussed Cited as authority (rule) Manos v. United States Department of the Air Force
N.D. Cal. · 1993 · confidence medium
See e.g., Benavides v. Bureau of Prisons, 993 F.2d 257, 259 (D.C.Cir.1993); DeBold v. Stimson, 735 F.2d 1037, 1042-43 (7th Cir. 1984); Wolfel v. United States, 711 F.2d 66, 68-69 (6th Cir.1983); Clarkson v. IRS, 678 F.2d 1368 -1371 (11th Cir.1982); Cunningham v. FBI, 664 F.2d 383 , 384-87 (3d Cir. 1981); Barrett v. Bureau of Customs, 651 F.2d 1087, 1090 (5th Cir.1981), cert. denied, 455 U.S. 950 , 102 S.Ct. 1454 , 71 L.Ed.2d 665 (1982); Crooker v. U.S. Dep’t. of Treasury, 634 F.2d 48, 49 (2d Cir.1980); Crooker v. Dep’t. of Justice, 632 F.2d 916, 920-921 (1st Cir.1980); Burke v. U.S. Dep’…
cited Cited as authority (rule) Thomas Robert Stimac v. United States Department of Justice
7th Cir. · 1993 · confidence medium
DeBold v. Stimson, 735 F.2d 1037, 1041 (7th Cir.1984); Borom v. Crawford, 651 F.2d 500, 502 (7th Cir.1981).
cited Cited as authority (rule) In the Matter of Ulyssus George Wade, Joyce Wade, and U.G. Wade Trucking, Inc., Debtors-Appellants
7th Cir. · 1992 · confidence medium
DeBold v. Stimson, 735 F.2d 1037, 1040 (7th Cir.1984).
discussed Cited as authority (rule) David E. Jones v. Manuel Lujan, Jr., in His Official Capacity as Secretary of Interior (2×)
D.C. Cir. · 1989 · confidence medium
Moreover, it would strain conventional language to infer any ambiguity regarding the scope of the meaning of “attorney fees” simply because the statute does not state “fees of an attorney or lawyer.” “Attorney fees” is a term of art referring to the cost of legal representation in the course of litigation. 4 Cf. DeBold v. Stimson, 735 F.2d 1037, 1042 (7th Cir.1984) (“The term ‘attorney fees’ contemplates that the services of an attorney be utilized....
discussed Cited as authority (rule) Robert A. Aronson v. United States Department of Housing and Urban Development
1st Cir. · 1989 · confidence medium
Crooker v. U.S. Dep’t of Justice, 632 F.2d 916 (1st Cir.1980); Kuzma v. I.R.S., 821 F.2d 930, 931 (2d Cir.1987); Cunningham v. F.B.I., 664 F.2d 383, 384-87 (3d Cir.1981); Barrett v. Bureau of Customs, 651 F.2d 1087 (5th Cir.1981), cert. denied, 455 U.S. 950 , 102 S.Ct. 1454 , 71 L.Ed.2d 665 (1982); Wolfel v. United States, 711 F.2d 66 (6th Cir.1983); DeBold v. Stimson, 735 F.2d 1037, 1041 (7th Cir.1984); Merrell v. Block, 809 F.2d 639, 642 (9th Cir.1987); Burke v. U.S. Dep’t of Justice, 559 F.2d 1182 (10th Cir.1977); Clarkson v. I.R.S., 811 F.2d 1396, 1397 (11th Cir.), cert. denied, 481 U.…
discussed Cited as authority (rule) Levine v. Heffernan
W.D. Wis. · 1988 · confidence medium
The court stated that it agreed with the lower court that “an award of attorney’s fees to a prisoner appearing pro se is not appropriate under Section 1988.” Id. (emphasis added) In DeBold v. Stimson, 735 F.2d 1037, 1042 (7th Cir.1984), which did not concern a prisoner, and which held that a non-lawyer pro se litigant is not entitled to the award of attorney’s fees under the Freedom of Information Act, the court re-stated its holding in Red-ding in broader terms: “The term 'attorney fees’ contemplates that the services of an attorney be utilized.
discussed Cited as authority (rule) Constangy, Brooks & Smith, by Larry W. Bridgesmith on Behalf of Teledyne Industries, Inc., D/B/A Teledyne Still-Man v. National Labor Relations Board
6th Cir. · 1988 · confidence medium
See Webb v. Department of Health & Human Serv., 696 F.2d 101, 107-08 (D.C.Cir.1982) (“Granting full access to the requested documents, as was done in this case, terminates a FOIA ac-tion_”); see also Donn Prods., Inc. v. NLRB, 583 F.2d 289, 290 (6th Cir.1978) (order); Carter v. Veterans Admin., 780 F.2d 1479, 1481 (9th Cir.1986); DeBold v. Stimson, 735 F.2d 1037, 1040 (7th Cir. 1984); Misegades & Douglas v. Schuyler, 456 F.2d 255, 256 (4th Cir.1972) (per cu-riam); Ackerly v. Ley, 420 F.2d 1336, 1340 (D.C.Cir.1969).
discussed Cited as authority (rule) Rodgers v. Department of Army
N.D. Ill. · 1988 · confidence medium
See, e.g., Hewitt v. Grabicki, 794 F.2d 1373, 1378 (9th Cir. 1986) (“clear mistakes of fact, inaccurate opinions based solely upon such erroneous facts, and plainly irresponsible judgments of performance or character” should be eliminated from records); DeBold v. Stimson, 735 F.2d 1037, 1040-41 (7th Cir.1984) (amendment proper if party demonstrates that facts underlying judgments contained in records discredited); R.R. v. United States Dept. of the Army, 482 F.Supp. 770, 775 (D.D.C.1980) (thoroughly discredited judgments may be deleted from records).
cited Cited as authority (rule) Southam News v. U.S. Immigration & Naturalization Service
D.D.C. · 1987 · confidence medium
Debold v. Stimson, 735 F.2d 1037,1040 (7th Cir.1984); Crooker v. United States Department of State, 628 F.2d 9, 10 (D.C.Cir.1980).
discussed Cited as authority (rule) Doe v. Baker
4th Cir. · 1987 · confidence medium
Cf. Doe v. United States, No. 84-5613, slip op. at 11 (D.C.Cir. en banc June 19, 1987) (dictum); Hewitt v. Grabicki, 794 F.2d 1373, 1378 (9th Cir. 1986) (dictum); DeBold v. Stimson, 735 F.2d 1037, 1041 (7th Cir. 1984) (dictum).
discussed Cited as authority (rule) Merrell v. Block (2×) also: Cited "see, e.g."
9th Cir. · 1987 · confidence medium
DeBold v. Stimson, 735 F.2d 1037, 1043 (7th Cir.1984); Clarkson v. I.R.S., 678 F.2d 1368, 1371 (11th Cir.1982); Cunningham v. F.B.I., 664 F.2d 383 , 387 n. 4 (3rd Cir.1981).
cited Cited as authority (rule) Merrell v. Block
9th Cir. · 1987 · confidence medium
DeBold v. Stimson, 735 F.2d 1037, 1041, n. 2 (7th Cir.1984)
cited Cited as authority (rule) Merrell v. Block
9th Cir. · 1986 · confidence medium
DeBold v. Stimson, 735 F.2d 1037, 1041, n. 2 (7th Cir.1984).
discussed Cited as authority (rule) Terry Louis Carter v. Veterans Administration Paul Issing, Regional Director and T.A. Verrill, Adjudication Officer (2×) also: Cited "see, e.g."
9th Cir. · 1986 · confidence medium
DeBold v. Stimson, 735 F.2d 1037, 1043 (7th Cir.1984); Clarkson v. I.R.S., 678 F.2d 1368, 1371 (11th Cir.1982); Cunningham v. F.B.I., 664 F.2d 383 , 387 n. 4 (3d Cir.1981).
discussed Cited as authority (rule) Ertell v. Department of the Army
C.D. Ill. · 1986 · confidence medium
He cites the opinion of the Seventh Circuit Court of Appeals in DeBold v. Stimson, 735 F.2d 1037, 1040-41 (7th Cir.1984) stating: “The privacy act merely requires an agency to attempt to keep accurate records, and provides a remedy to a claimant who demonstrates that facts underlying judgments contained in his records have been discredited.” Plaintiff contends that, even if the final assessments are opinions or judgments, they are made on an underlying factual basis and the Privacy Act is, therefore, applicable.
discussed Cited as authority (rule) Dixon
unknown court · Ren · confidence medium
Cir. 1989) (“[U]nder the EAJA, [the prevailing party] should be able to recover ‘reasonable fees and expenses’ of attorneys for their independently retained pro bono counsel despite the fact that, if we denied fees, they [the prevailing party] would not pay any fees to counsel.”); Eggers v. Bullitt County School Dist., 854 F.2d 892 , 899 (6th Cir. 1988); Watford v. Heckler, 765 F.2d 1562 , 1567 n.6 (11th Cir. 1985) (“[I]t is well-settled that, in light of the act’s legislative history and for reasons of public policy, plaintiffs who are represented without charge are not generally …
cited Cited "see" Muset v. Ishimaru
E.D.N.Y · 2011 · signal: see · confidence high
See Fisher v. F.B.I., 94 F.Supp.2d 213, 216 (D.Conn.2000) (citing DeBold v. Stimson, 735 F.2d 1037,1040 (7th Cir.1984)).
cited Cited "see" Velikonja v. Mueller
D.D.C. · 2004 · signal: see · confidence high
See DeBold v. Stimson, 735 F.2d 1037, 1040 (7th Cir.1984) ("Neither [the Freedom of Information Act] nor the Privacy Act requires an agency to create a record that does not exist.”).
cited Cited "see" Stephanie A. Patterson v. Internal Revenue Service
7th Cir. · 1995 · signal: see · confidence high
See Wade, 969 F.2d at 248 (citing DeBold v. Stimson, 735 F.2d 1037, 1040 (7th Cir.1984)).
discussed Cited "see" Rodgers v. Western-Southern Life Insurance
E.D. Wis. · 1992 · signal: see · confidence high
By its terms, the statute provides only for an award of an “attorney’s fee”; had Congress intended to authorize pro se litigants to recover fees for time and effort expended in enforcing the statute, Congress would have specified that both attorneys and non-attorneys are entitled to such fees rather than denominating the award as one for an “attorney’s fee.” 42 U.S.C. § 2000e-5(k); see DeBold v. Stimson, 735 F.2d 1037, 1043 (7th Cir.1984) (denying prevailing pro se plaintiff attorney fees under Freedom of Information Act under similar analysis).
discussed Cited "see, e.g." Shaun Fleck v. National Credit Union Administration
D. Or. · 2026 · signal: see, e.g. · confidence medium
See, e.g., DeBold v. Stimson, 735 F.2d 1037, 1043 (7th Cir. 1984); Clarkson v. IRS, 678 F.2d 1368, 1371 (11th Cir. 1982); Cunningham v. FBI, 664 F.2d 383 , 387 n.4 (3d Cir. 1981). . . . [The plaintiff’s] suit was filed December 9, 1983.
discussed Cited "see, e.g." Matter of Emergency Beacon Corp.
S.D.N.Y. · 1985 · signal: see, e.g. · confidence medium
See, e.g., DeBold v. Stimson, 735 F.2d 1037, 1043 (7th Cir.1984); White v. Arlen Realty & Development Corp., 614 F.2d 387 (4th Cir.1980), ce rt. denied, 447 U.S. 923 , 100 S.Ct. 3016 , 65 L.Ed.2d 1116 (1980).
Retrieving the full opinion text from the archive…
Earl F. DeBOLD, Plaintiff-Appellant,
v.
William R. STIMSON, Director of Support, U.S. Post Office, Gary, Indiana, Et Al., Defendants-Appellees
82-2317.
Court of Appeals for the Seventh Circuit.
Jun 1, 1984.
735 F.2d 1037
Earl F. DeBold, pro se., Charles B. Miller, Asst. U.S. Atty., R. Lawrence Steele, Jr., U.S. Atty., Hammond, Ind., Charles D. Hawley, Gen.Admin.Law Div. Law Dept. Washington, D.C., for defendants-appellees.
Pell, Bauer, Wood.
Cited by 48 opinions  |  Published
BAUER, Circuit Judge.

Pro se plaintiff Earl F. DeBold filed the instant suit pursuant to the Freedom of Information Act, 5 U.S.C. § 552 (FOIA), and the Privacy Act, 5 U.S.C. § 552a, against the defendant Postal Service and against several postal employees, demanding production of certain records as well as requesting that allegedly incorrect records pertaining to the plaintiff be corrected. The district court found that the Postal Service had already turned over the requested records to plaintiff during the course of the litigation. The district court found that plaintiff had “substantially prevailed” in his Freedom of Information Act suit and was entitled to costs up until the date the records were released to him. The court declined to award pro se plaintiff attorney fees. As to plaintiffs Privacy Act claim, the court found that plaintiff had failed to exhaust his administrative remedies and, in any event, had failed to establish a Privacy Act violation. Plaintiff appeals. For the following reasons, we affirm the district court’s order.

[*1039] I

Plaintiff Earl F. DeBold is an employee of the United States Postal Service at the Service’s Main Facility in Gary, Indiana. This suit arises out of DeBold’s unsuccessful application for the position of Foreman Mechanics (A) in 1976. In December of that year, plaintiff applied for the foreman position. Defendant Desmond Daily, also an applicant for the job, held the Foreman Mechanics (A) position in an acting capacity until the position was filled. As acting foreman, Daily was DeBold’s immediate supervisor. Defendant Daily was selected to fill the position over plaintiff DeBold and several other candidates.

After Daily’s selection, the plaintiff requested from defendant Stimson, the Director of Support, copies of his evaluation for the supervisor position made by the evaluation committee (composed of three named defendants) and the evaluation of his immediate supervisor.

Defendant Stimson denied the request by letter claiming that the information was exempted from disclosure under the FOIA. The letter did not notify plaintiff of his right to appeal the denial as required by 5 U.S.C. § 552(a)(6)(A), (c). Plaintiff did not pursue an administrative appeal.

Plaintiff initiated a Title VII action, but soon thereafter filed a new complaint with the same factual allegations claiming relief under FOIA. Defendant Stimson never answered and a default judgment was entered against him in April 1977. In May 1977, the Postal Service, through the Assistant General Counsel, furnished plaintiff with the requested evaluations. Plaintiff received the form prepared by the evaluation committee, but received no form prepared by his acting immediate supervisor, Daily. The district court found Daily did not prepare a form. At a hearing on defendant Stimson’s motion to set aside the default judgment, plaintiff indicated to Judge McNagny that he received all the requested information and that it was complete.

In June 1977, plaintiff demanded by letter that defendant Stimson amend the allegedly incorrect forms that had been disclosed. Defendant Stimson responded by letter saying that the evaluation forms were not records within meaning of the Privacy Act; that the forms concerned subjective judgments of plaintiff’s performance rather than factual data and would remain as they were; that two arithmetic errors had been discovered on the form and had been corrected; and that the plaintiff had a right to appeal.

Thereafter, on November 3, 1978, plaintiff amended his complaint asserting a violation of the Privacy Act. In March 1982, [1] default judgment was entered against the remaining defendants. Defendants’ counsel moved to set aside the default. A trial was held in the case on July 1, 1982. The district court found, pursuant to the evidence presented at trial, that the plaintiff received all the documents he had requested. The district court found that defendant Daily, as plaintiff's immediate supervisor, never filled out an evaluation for plaintiff because it was the practice of the Postal Service not to have an applicant for a position fill out an evaluation of a competitor. The district court found that no other evaluations of the plaintiff existed other than those disclosed.

The district court denied the plaintiff’s request for relief under FOIA because the information sought had already been disclosed to plaintiff. The court granted plaintiff reasonable costs as a “prevailing party” because he found that the information was disclosed largely because of plaintiff’s law suit. The court awarded no attorney fees. Plaintiff’s Privacy Act suit was denied on the alternative grounds of failure to prove a violation of the Act and failure to establish that the administrative remedies had been exhausted. The district court set aside all default judgments[*1040] against the individual defendants and dismissed the case as to them.

II

Plaintiff cites several errors in the district court’s decision. Plaintiff cites the following issues as reversible errors: (1) the district court erred in its determination that evaluation records are exempt from production under FOIA and the Privacy Act; (2) the court erred in declining to hold that a Postal Service employee is entitled to have the evaluation of his immediate supervisor; (3) the court erred in holding that plaintiff was not deprived of a promotion due to a Privacy Act violation; (4) the court erred in not holding that plaintiff was a victim of discrimination because of the promotion process utilized; and (5) the district court erred in refusing to award plaintiff damages, attorney fees and costs. We will address each asserted error in turn.

Initially we note that the district court did not find that the requested documents were exempt from production under FOIA. The court found that all of the requested documents had been produced and that plaintiff’s request for documents was moot. We hold that the district court’s factual finding that all of the requested documents that exist have been produced is not clearly erroneous. Once the requested documents have been produced, the claim for relief under FOIA becomes moot. See Chilivis v. SEC, 673 F.2d 1205 (11th Cir.1982); Cuneo v. Rumsfeld, 553 F.2d 1360 (D.C.Cir.1977); Ackerly v. Ley, 420 F.2d 1336 (D.C.Cir.1969). The request for fees and costs does not become moot, as will be discussed below. Cuneo v. Rumsfeld, 553 F.2d at 1364.

Plaintiff challenges the district court’s determination that he had not exhausted his administrative remedies as required under the Privacy Act before a federal court may entertain a Privacy Act claim. The district court initially determined that plaintiff had not exhausted his administrative remedies and held, in the alternative, that, despite his failure to exhaust, plaintiff's claim under the Privacy Act would fail. In a motion to reconsider, plaintiff included a letter, which he also presents to this court in his appellate brief, indicating that he had exhausted his administrative remedies. The district court admonished plaintiff for his failure to call the letter to the court’s attention prior to filing a motion to reconsider, and then ruled that the letter made no difference because plaintiff failed to establish a Privacy Act violation.

Plaintiff does not challenge as inaccurate the evaluation of the selection committee, but rather challenges the nonexistence of an evaluation by his immediate supervisor. This lack of an evaluation, he claims, violates the Postal Service regulations. In addition, plaintiff asserts that the absence of an evaluation violates the Privacy Act requirement that the Postal Service

... maintain all records which are used by the agency in making any determination about any individual with such accuracy, relevance, timeliness, and completeness as is reasonably necessary to assure fairness to the individual in the determination;

5 U.S.C. § 552a(e)(5). Plaintiff contends that the Postal Service kept defendant Daily in a temporary capacity as acting Foreman Mechanic (A) longer than allowed by Postal Service regulations. This, in turn, deprived plaintiff of the opportunity to be evaluated by his immediate supervisor. Thus, he was treated unfairly in violation of the Act. We disagree. The procedures used to evaluate plaintiff were extremely fair. The district court found that it was the policy of the Postal Service not to have an applicant for a job be evaluated by a competitor. This factual finding is not clearly erroneous. The policy itself seems eminently fair. Plaintiff was evaluated by objective third parties and not by Daily. It may seem to plaintiff that defendant Daily had an unfair advantage over plaintiff because he occupied the position for which he was applying; however, the Privacy Act does not require an agency to remove a temporary employee from a position in order that another applicant could have a better shot at the job. The Privacy Act[*1041] merely requires an agency to attempt to keep accurate records, and provides a remedy to a claimant who demonstrates that facts underlying judgments contained in his records have been discredited. See R.R. v. Department of the Army, 482 F.Supp. 770 (D.D.C.1980). Plaintiff has made no such demonstration and has shown no violation of the Privacy Act.

Petitioner next contends that the district court erred in refusing to rule that plaintiff was entitled to the evaluation of his immediate supervisor, Desmond Daily. The district court found that Daily never prepared an evaluation pursuant to a Postal Service custom that a person who is an applicant for a position that he is temporarily filling does not evaluate a competitor. Neither FOIA nor the Privacy Act requires an agency to create records that do not exist. See Borom v. Crawford, 651 F.2d 500 (7th Cir.1981).

Plaintiff's third contention, that the district court erred in ruling that plaintiff was not deprived of a promotion due to a Privacy Act violation, we find to be without merit. As noted above, plaintiff has established no Privacy Act violation. The district court commented, in ruling on plaintiff's motion to reconsider, that plaintiff's allegations should have been brought as a discrimination claim. Plaintiff, however, abandoned that claim years ago, and would not be entitled to reinstate it now. Plaintiff's fourth assertion of error challenging the promotion process also falls into the category of a discrimination claim and is not cognizable in a Privacy Act suit.

III

Plaintiff's last contention, that the district court erred in not awarding him damages, attorney fees and costs, must also fail. Plaintiff was awarded costs for his FOIA action up until the Postal Service turned over the requested documents. The district court found that plaintiff had "substantially prevailed" because the decision to turn over the documents was in large part induced by plaintiff's litigation.

The district court found that plaintiff was not entitled to an award of attorney fees by considering the following factors:

(1) The benefit to the public, if any, derived from the case; (2) the commercial benefit to the complainant; (3) the nature of the complainant's interest in the records sought; and (4) whether the government's withholding of the records had a reasonable basis in law.

Stein v. Department of Justice and FBI, 662 F.2d 1245, 1262 (7th Cir.1981) (quoting Cuneo v. Rumsfeld, 553 F.2d at 1364). We note, however, that the above standards for awarding attorney fees apply in cases where a plaintiff is actually represented by an attorney. Plaintiff is proceeding pro se in this matter. The question of whether a non-attorney pro se plaintiff can ever be entitled to an award of attorney fees has created a split in the circuits. The balance leans heavily to the side of the circuits that have answered the question in the negative. [2] Upon consideration of the issue, we have decided to tilt the balance even further to that side. We conclude that a non-attorney pro se litigant is not entitled to an award of attorney fees under FOJA.

[*1042] The FOIA statute provides that a court “may assess against the United States reasonable attorney fees and other litigation costs reasonably incurred in any case ... in which a complainant substantially prevailed.” 5 U.S.C. § 552(a)(4)(E). In determining whether the statute contemplates attorney fees awards to pro se litigants several circuits have engaged in painstaking and laborious dissections of the above quoted sentence. The D.C. Circuit has bifurcated the sentence and interpreted it to mean that the court may award “reasonable attorney fees” and that it may award “litigation costs reasonably incurred.” By splitting the sentence in this manner, the D.C. Circuit reasons that the term “reasonably incurred” modifies only the term “litigation costs” and, therefore, attorney fees need not have been incurred to be awarded. A pro se litigant does not actually incur attorney fees yet he is still eligible for an attorney fee award according to the D.C. Circuit. Cox v. United States Department of Justice, 601 F.2d at 5; Cuneo v. Rumsfeld, 553 F.2d 1360, 1364-65 (D.C.Cir.1977).

Other circuits have divided the sentence differently and have come to the opposite conclusion. The Fifth Circuit, for example, concludes that the term “reasonably incurred” modifies both “attorney fees” and “litigation costs.” Both the attorney fees and litigation costs must be reasonably incurred. Barrett v. Bureau of Customs, 651 F.2d 1087, 1089 (5th Cir.1981). Disagreeing with the D.C. Circuit, the Fifth Circuit found that the repetition of the concept of reasonableness was not redundant. The Barrett court held that the amount of the fees must be reasonable and the incurring of the fees must be reasonable; therefore, “reasonable attorney fees ... reasonably incurred” was an appropriate reading of the statute. A litigant must incur attorney fees according to the statute; a pro se litigant does not incur attorney fees. Other circuits have agreed with this interpretation. See Wolfel v. United States, 711 F.2d 66, 68 (6th Cir.1983); Clarkson v. IRS, 678 F.2d 1368, 1371 (11th Cir.1982); Cunningham v. FBI, 664 F.2d 383, 385 (3d Cir.1981); Crooker v. United States Department of Justice, 632 F.2d 916, 921 n. 7 (1st Cir.1980); Burke v. Department of Justice, 432 F.Supp. 251, 253 (D.Kan.1976), aff'd 559 F.2d 1182 (10th Cir.1977).

We find that parsing the language of the statute is not dispositive. See Crooker v. United States Department of the Treasury, 634 F.2d at 49. The term “attorney fees” contemplates that the services of an attorney be utilized. Cf. Redding v. Fairman, 717 F.2d 1105 (7th Cir.1983) (pro se litigant not entitled to an award of attorney fees under the Civil Rights Act, 42 U.S.C. § 1988). The simple language of the statute controls. Attorney means attorney. [3] We have no doubt that Blue Cross/Blue Shield would balk at a request for doctor fees from a person who removed his own appendix, or more realistically, a request for dental fees from someone who extracted his own tooth. No one would be entitled to reimbursement for therapist fees for attempts at self-improvement or for finding solutions to one’s own problems. Rebuilding and repairing one’s own car after an accident might be spiritually rewarding, however, we doubt very much if one’s insurance company would honor a demand for mechanic fees. Myriad examples leap to mind that need not be repeated here. Suffice it to say that, although a pro se litigant often times performs exactly the same functions as a lawyer might perform in representing a client,[*1043] without a degree and admission to the bar a pro se litigant is not entitled to collect attorney fees. [4] We do not mean to imply that pro se litigants do not further the purposes of FOIA, we merely conclude that, had Congress intended for pro se litigants to be entitled to some type of attorney fee award, they would have made that clear in the statute. In addition, a pro se litigant who has substantially prevailed certainly is entitled to “litigation costs reasonably incurred.” A pro se litigant is made whole thereby, serving as a small incentive to pursue litigation if no attorney may be found to represent the litigant. See Crooker v. United States Department of Justice, 632 F.2d at 921.

Our decision today furthers the goals of FOIA. The legislative history of the statute makes clear that the provision for attorney fees in the statute was intended to further the goal of “more efficient, prompt, and full disclosure of information.” H.R. Rep. No. 876, 93d Cong., 2d Sess., reprinted in 1974 U.S.Code Cong. & Admin.News 6267, 6271. A statutory allowance of attorney fees, encourages pro se litigants, who could otherwise not afford it, to consult and try to engage an attorney. Consultation with an attorney may circumvent unwarranted litigation. See Barrett, 651 F.2d at 1089-90. In addition, an attorney could undoubtedly help a litigant in framing a FOIA request that would encourage a more prompt and full disclosure. Indeed, although we do not condone this type of attitude, the presence of an attorney altogether would likely result in a quicker response on the part of the government. While we are mindful that, in today’s marketplace, a litigant with a meritorious claim may not always be able to engage an attorney even with the possibility of attorney fees, cf. Merritt v. Faulkner, 697 F.2d 761, 768-9 (7th Cir.1983) (Cudahy, J. concurring), but see McKeever v. Israel, 689 F.2d 1315, 1324 (7th Cir.1982) (Posner, J. dissenting), we feel that the incentive to a pro se litigant is reimbursement for litigation costs. Crooker v. Department of Justice, 632 F.2d at 921. Furthermore, litigation costs reasonably incurred are more definitely measured than trying to assess an appropriate amount of attorney fees for a prevailing pro se litigant. Cunningham, 664 F.2d at 386; Crooker v. Department of Justice, 632 F.2d at 921.

We recognize that pro se litigants may very well further the goals of FOIA by pursuing litigation in circumstances where a recalcitrant agency refuses legitimate requests. We do not feel, however, that an award of an attorney fee to a successful pro se litigant necessarily furthers the goals of FOIA. If Congress had intended that a pro se litigant recover fees for time and effort expended, they would have not denominated the award as “attorney fees” but would have specified that both attorneys and non-attorneys are entitled to fees for time and energy spent.

We agree with the majority of the circuits that attorney fees are not available to pro se litigants. The plaintiff in this case would not be entitled to attorney fees even if he had met all the other criteria for awarding attorney fees. The district court’s denial of attorney fees to DeBold must be affirmed albeit on slightly different grounds.

IV

For the foregoing reasons, we find no reversible error in the district court’s determination that plaintiff is entitled to no[*1044] more FOIA relief than he was awarded and that plaintiff did not set out a violation of the Privacy Act in his complaint. The denial of attorney fees is affirmed on the ground that a pro se litigant is precluded from collecting an attorney fees award even as a substantially prevailing litigant. The district court’s order is hereby affirmed.

1

. This case continued over several years. Judge McNagny, who originally presided over the case, became ill and passed away in March 1981. The case was transferred to two other judges before it was assigned to Judge Kanne.

2

. The following circuits have concluded that non-attorney pro se litigants are not eligible for attorney fee awards under FOIA (cited according to circuit number): Crooker v. United States Department of Justice, 632 F.2d 916 (1st Cir.1980); Cunningham v. Federal Bureau of Investigation, 664 F.2d 383 (3d Cir.1981); Barrett v. Bureau of Customs, 651 F.2d 1087 (5th Cir.1981), cert. denied, 455 U.S. 950, 102 S.Ct. 1454, 71 L.Ed.2d 665 (1982); Wolfel v. United States, 711 F.2d 66 (6th Cir.1983); Burke v. Department of Justice, 432 F.Supp. 251 (D.Kan.l976), aff'd 559 F.2d 1182 (10th Cir.1977); Clarkson v. Internal Revenue Service, 678 F.2d 1368 (11th Cir.1982). The Second Circuit would award attorney fees to a pro se litigant who could make a showing that the successful prosecution of the FOIA suit diverted time from income-producing activity. Crooker v. United States Department of the Treasury, 634 F.2d 48 (2d Cir.1980). The District of Columbia stands alone in its conclusion that an attorney fees award is appropriate for a pro se non-attorney litigant. Cox v. United States Department of Justice, 601 F.2d 1 (D.C.Cir.1979),

3

. See Langer Roofing & Sheet Metal, Inc. v. Secretary of Labor, 524 F.2d 1337, 1339 n. 3 (7th Cir.1975), wherein this court expressly disavowed non-liberal, unreasonable interpretation of words and expressly rejected the Humpty Dumpty theory of language.

“ ‘When I use a word,’ Humpty Dumpty said in a rather scornful tone, 'it means just what I choose it to mean — neither more nor less.’
‘The question is, said Alice, ‘whether you can make words mean so many different things.’
‘The question is’ said Humpty Dumpty, ‘which is to be master' — that’s all.”’ Lewis Carrol, Through the Looking Glass, Chapter 6.

See also United States of America v. Koliboski, 732 F.2d 1328, at 1329 n. 1 (7th Cir.1984).

4

. The issue of whether a pro se litigant who is also an attorney would be entitled to an award of attorney fees is not before the court at this time. We express no opinion on the issue. Falcone v. Internal Revenue Service, 714 F.2d 646 (6th Cir.1983) (pro se attorney litigant not entitled to award of attorney fees); Cazalas v. United States Department of Justice, 709 F.2d 1051 (5th Cir.1983) (as modified on denial of rehearing and rehearing en banc) (allowing pro se attorney litigants to recover attorney fees). In addition, we do not imply that legal services organizations would not be entitled to an award of attorney fees. See Falcone v. Internal Revenue Service, 714 F.2d at 647 n. 3; Clarkson v. Internal Revenue Service, 678 F.2d at 1371 n. 3; Cunningham v. FBI, 664 F.2d at 385 n. 1; Crooker v. United States Department of the Treasury, 634 F.2d at 49 n. 1.