Cox v. U.S., No. 19-00061, 2019 U.S. Dist. LEXIS 57740 (C.D. Cal. Apr. 2, 2019) (Carney, J.)

Cox v. U.S., No. 19-00061, 2019 U.S. Dist. LEXIS 57740 (C.D. Cal. Apr. 2, 2019) (Carney, J.)

Re:  Request for records concerning photograph of plaintiff

Disposition:  Deferring ruling on plaintiff's complaint

• Litigation Considerations, Exhaustion of Administrative Remedies:  The court holds that "Plaintiff does not allege that he exhausted his administrative remedies, and he does not include any documents showing efforts to do so."  "It also does not appear evident that Plaintiff received an untimely response from DHS, constituting constructive exhaustion."  "Without a showing of administrative exhaustion or untimely response, Plaintiff cannot presently seek judicial review."
   
• Litigation Considerations, Relief:  The court relates that "[i]n his Complaint, Plaintiff includes the following request for relief: 'I request $450,000 for withholding FOIA.''  The court holds that "[b]ecause Plaintiff only seeks monetary relief, he fails to state a claim under FOIA."