Cunningham v. OGIS, No. 17-1701, 2017 U.S. Dist. LEXIS 120259 (S.D.N.Y. July 28, 2017) (McMahon, C. J.)

Cunningham v. OGIS, No. 17-1701, 2017 U.S. Dist. LEXIS 120259 (S.D.N.Y. July 28, 2017) (McMahon, C. J.)

Re:  Request for certain records concerning plaintiff

Disposition:  Dismissing plaintiff's amended complaint

• Litigation Considerations, Exhaustion of Administrative Remedies:  The court holds that "this action is dismissed as prematurely filed because Plaintiff did not appeal the [final] decision as instructed in that decision."  "Moreover, to the extent he seeks leave from this Court to file an administrative appeal regarding a second FOIA request, Plaintiff must request leave to file any administrative appeal from the United States Department of Justice's Office of Information Policy (OIP)."  "Should the OIP rule unfavorably in either appeal, Plaintiff may move under this docket number for leave to reopen the action."