Frost v. DHS, No. 22-2858, 2022 WL 2702543 (S.D.N.Y. July 11, 2022) (Swain, C.J.)

Frost v. DHS, No. 22-2858, 2022 WL 2702543 (S.D.N.Y. July 11, 2022) (Swain, C.J.)

Re:  Request for records concerning plaintiff

Disposition:  Dismissing plaintiff’s complaint

• Litigation Considerations, Exhaustion of Administrative Remedies:  The court relates that “[i]n his notice and motion, Plaintiff acknowledges that he has not exhausted his administrative remedies with DHS.”  The Court holds that “[it] cannot hold petitions in abeyance while administrative relief is sought, as Plaintiff requests.”  “Instead, Plaintiff is required to exhaust his administrative remedies before seeking relief in federal court.”  “Accordingly, the action is dismissed without prejudice to any complaint he might file after he has exhausted his administrative remedies.”