Arden v. U.S., No. 13-5596, 2014 WL 3057547 (E.D. Pa. July 3, 2014) (Alejandro, J.)
Re: Request for records concerning plaintiff's criminal prosecution
Disposition: Granting defendant's motion to dismiss
- Litigation Considerations, Exhaustion of Administrative Remedies: The court grants defendant’s motion to dismiss based on plaintiff's failure "to allege and/or demonstrate that [he] exhausted his administrative remedies." The court explains that "[n]owhere in his complaint does Plaintiff allege that he administratively exhausted his FOIA request." "To the contrary, Plaintiff tacitly admits in his complaint his failure to exhaust administrative remedies by averring that he 'cannot wait until the response is received from the FOIA office to file this case, as the statute of limitations would expire and he would be time barred.'"