Benhoff v. DOJ, No. 16-1095, 2016 WL 6962859 (S.D. Cal. Nov. 29, 2016) (Curiel, J.)

Benhoff v. DOJ, No. 16-1095, 2016 WL 6962859 (S.D. Cal. Nov. 29, 2016) (Curiel, J.)

Re: Request for six images used to convict plaintiff

Disposition: Granting defendants' motion to dismiss

• Exhaustion of Administrative Remedies: The court holds that "[b]ecause Plaintiff has not demonstrated he exhausted administrative remedies, the Court lacks subject matter jurisdiction over his FOIA claim, and the Court grants Defendants' motion to dismiss the FOIA cause of action." The court finds that, "[c]ontrary to Plaintiff's argument, he specifically sought information under the Touhy regulations." "Thus, Plaintiff's argument that [a] . . . letter [plaintiff sent to defendant] . . . was a FOIA request is without merit." Additionally, the court finds that "FOIA requests seeking records from the FBI must specifically comply with the procedural requirements outlined on its website which Plaintiff failed to comply with."