Burrus v. U.S. Dep’t of Agric., No. 23-16203, 2025 WL 415720 (9th Cir. Feb. 6, 2025) (per curiam)

Burrus v. U.S. Dep’t of Agric., No. 23-16203, 2025 WL 415720 (9th Cir. Feb. 6, 2025) (per curiam)

Re:  Request for records concerning certain employment actions

Disposition:  Affirming district court’s dismissal of requester’s complaint

• Litigation Considerations, Exhaustion of Administrative Remedies; Procedural Requirements, Proper FOIA Requests:  The Court of Appeals for the Ninth Circuit holds that “[the requester] failed to exhaust administrative remedies, so her claim was properly dismissed.”  “[The requester’s] letter to the Forest Service did not ‘attempt to comply fully with agency procedures.’”  “Among other deficiencies, the letter was not addressed to a FOIA office and did not include the phrase ‘FOIA request’ as prescribed in the relevant regulations.”  “Considering these deficiencies, [the requester’s] general request for documentation supporting the agency’s employment actions included in a letter that described its purpose as protesting those actions did not constitute a FOIA request.”