Carpezzi v. DOJ, No. 21-180, 2022 WL 813819 (M.D. Fla. Mar. 17, 2022) (Badalamenti, J.)

Carpezzi v. DOJ, No. 21-180, 2022 WL 813819 (M.D. Fla. Mar. 17, 2022) (Badalamenti, J.)

Re:  Purported requests for records on variety of topics

Disposition:  Dismissing plaintiff's amended complaint

• Litigation Considerations, Pleadings:  "[Plaintiff] does not allege . . . and there is no basis for the Court to reasonably infer—that he submitted a FOIA request or exhausted administrative remedies as to [a list of topics]."  "Because [plaintiff] does not allege that he filed FOIA requests or exhausted administrative remedies as to these topics, parts of the FOIA claim may be subject to dismissal."  "He also appears to contend that he made FOIA requests and exhausted his administrative remedies as to the remaining allegations because they relate to the FBI's investigation of his identity theft."  "[Plaintiff's] contention suffers various shortcomings."  "First, several of the allegations concern activity that occurred after his alleged October 24, 2016 FOIA requests."  "Dates are not provided as to other allegations."  "And he does not adequately explain how other requested information . . . relates to his FOIA request for FBI investigation information such that the administrative exhaustion requirement is satisfied."  "To the extent he seeks to raise additional requests in Count I, he must establish that he has satisfied his administrative remedies."  "Dismissal with leave to amend is also appropriate to permit [plaintiff] to withdraw certain 'FOIA requests.'"