Carter v. U.S., No. 16-530, 2017 WL 1044771 (S.D. Ohio Mar. 20, 2017) (Barrett, J.)

Carter v. U.S., No. 16-530, 2017 WL 1044771 (S.D. Ohio Mar. 20, 2017) (Barrett, J.)

Re: Request for records concerning plaintiff's criminal trial

Disposition: Adopting Magistrate Judge's report and recommendation (R&R); dismissing plaintiff's claim

• Litigation Considerations, Exhaustion of Administrative Remedies: "Even though this Court disagrees with the [Report & Recommendation ("R&R")] to the extent that it places the burden of pleading and proving exhaustion on FOIA plaintiffs, the Court ultimately agrees with the Magistrate Judge's conclusion that Plaintiff's claim must be dismissed." First, "[the] Court views non-exhaustion as an affirmative defense for which the government bears the pleading and proof burdens." Second, the court finds that "the face of Plaintiff's Verified Complaint shows a defect in Plaintiff's efforts to constructively exhaust." The court explains that plaintiff sent his request "to the Cincinnati USAO – not the Department of Justice component in Washington, D.C." The court finds that "[t]o ensure efficient processing, and responsible use of the judicial review mechanism, FOIA plaintiffs must respect the requirement that requests be sent to a designated component." Additionally, the court finds that "[p]laintiff's new evidence that he urges this Court to consider, i.e., the 'proof of receipt' from the USPS, only serves to confirm Plaintiff's failure to submit his FOIA requests to the government component designated in the relevant regulations."