Wednesday, September 11, 2013
Re: Request for records concerning plaintiff and certain defendant employees Disposition: Affirming District court's grant of summary judgment
- Litigation Considerations, Exhaustion of Administrative Remedies: The court finds that the, "district court properly granted summary judgment in favor of [defendant] because [plaintiff] failed to exhaust administrative remedies." The court explains that, "[f]irst, the illegible stamp on [plaintiff's] letter of appeal does not create a genuine issue of material fact as to the date the letter was received." Second, the court explains that defendant, "construes the term '60 days' in § 16.9(a) to mean 60 calendar—rather than business—days, and that construction is entitled to deference." Last, the court finds that it, "need not decide whether the prison mailbox rule extends to cases involving administrative FOIA appeals because here, even if it applied, it would not help [plaintiff]." Furthermore, the court states that is has, "not extended the prison mailbox rule to administrative appeals under FOIA, and research reveals no published decisions by the Supreme court or any other circuit court of appeals discussing the applicability of the prison mailbox rule under similar circumstances."
Court of Appeals
Updated August 6, 2014