Burke v. DOJ, No. 16-2082, 2018 WL 1015340 (D.D.C. Feb. 22, 2018) (Moss, J.)

Date: 
Thursday, February 22, 2018

Burke v. DOJ, No. 16-2082, 2018 WL 1015340 (D.D.C. Feb. 22, 2018) (Moss, J.)

Re: Request for certain case names and numbers

Disposition: Granting defendant's motion for summary judgment

  • Litigation Considerations, Exhaustion of Administrative Remedies:  "[T]he Court concludes that [plaintiff] 'never properly initiated and exhausted the FOIA administrative process' and '"is not entitled to maintain a civil action with respect"' to the FOIA request described in his complaint."  The court finds that "the Department has 'presented undisputed' and convincing 'evidence that it searched for [plaintiff's] FOIA request in the places that [it] would have been located, but did not discover any such request.'"  Additionally, "[f]or his part, [plaintiff] has submitted 'no proof that he mailed' the FOIA request described in his complaint, 'or that the [Department] received it.'"

 

Topic: 
District Court
Exhaustion
Litigation Considerations
Updated July 3, 2018