Degenes v. FBI, No. 20-971, 2021 WL 130649 (W.D. Pa. Jan. 14, 2021) (Conti, J.)

Degenes v. FBI, No. 20-971, 2021 WL 130649 (W.D. Pa. Jan. 14, 2021) (Conti, J.)

Re:  Request for records concerning plaintiff

Disposition:  Granting defendants' motion to dismiss

• Litigation Considerations:  The court finds that "[t]o the extent [plaintiff] is attempting to pursue an action directly under FOIA, it cannot succeed."  "FOIA claims can only be brought against the agency (i.e., the FBI), and not against a federal employee [such as the one plaintiff names here]."  "A FOIA claim against the FBI must also fail."  "'[T]he FOIA requires exhaustion of the administrative appeals process before an individual may seek relief in the district court.'"  "[Plaintiff's] pro se status does not excuse his failure to comply with the exhaustion requirement."  "The court also observes that the FOIA claim involving [an FBI declarant's] alleged falsehood[, something that plaintiff raises here,] was resolved in [a previous case] and [plaintiff] represents that he is not seeking to relitigate those claims in this case."