Ercole v. Wilkie, No. 19-11961, 2020 WL 1489797 (S.D.N.Y. Mar. 27, 2020) (Stanton, J.)

Ercole v. Wilkie, No. 19-11961, 2020 WL 1489797 (S.D.N.Y. Mar. 27, 2020) (Stanton, J.)

Re:  Request for records concerning plaintiff's job application

Disposition:  Granting plaintiff leave to file amended complaint

• Litigation Considerations, Pleadings & Exhaustion of Administrative Remedies:  The court relates that "Plaintiff alleges that he has not received the documents requested, but he does not explain whether the agency responded that he was not entitled to the requested documents and, if so, the reasons that it gave."  "Plaintiff also does not allege facts about whether he exhausted his administrative remedies by appealing the denial of his FOIA request to the head of the agency."  "Plaintiff's allegations are thus insufficient to allege that the agency has improperly withheld agency records, and it is unclear if his FOIA claim is ripe for review."  "The Court further notes that the federal agency itself, and not an individual, is the proper defendant for Plaintiff's FOIA claims."  The court finds that "Plaintiff is granted leave to amend his complaint to detail his claims."