Friday, October 26, 2018
Arledge v. IRS, No. 19-0899, 2018 WL 5312788 (N.D. Tex. Oct. 26, 2018) (Fish, S. D. J.)
Re: Request for records concerning certain subpoena issued to Wachovia Bank
Disposition: Granting defendants' motions to dismiss
- Litigation Considerations, Exhaustion of Administrative Remedies: The court holds that "[plaintiff] has failed to provide evidence that he made proper FOIA requests in accordance with mandatory regulations." "Accordingly, [plaintiff's] claims are dismissed for failure to exhaust his administrative remedies." The court relates that "[t]he USAO contends that '[s]ubmitting a FOIA request by directly contacting an AUSA in a district is not a proper request under DOJ's FOIA regulations [and that] [t]hrough prior correspondence, [plaintiff's] attorney . . . had been advised that such requests needed to be sent directly to FOIA staff in Washington, D.C.'"
Updated January 31, 2019