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Hanson v. Tamez, No. 4:13-CV-047-A, 2013 WL 1288163 (N.D. Tex. Mar. 26, 2013) (McBryde, J.)

Re: Plaintiff's request for records concerning his incarceration requested for first time in complaint against prison officials Disposition: Dismissing plaintiff's claim for failure to exhaust administrative remedies
  • Exhaustion/Procedural: The court dismisses plaintiff's FOIA request, noting that "[t]he filing of a complaint in federal court is not the proper mechanism for making an initial request under the FOIA."  The court concludes that plaintiff has failed to exhaust his administrative remedies because "it is evident from the pleadings that plaintiff intended the complaint to serve as his initial FOIA request."
Court Decision Topic(s)
District Court opinions
Litigation Considerations, Exhaustion of Administrative Remedies
Procedural Requirements, Supplemental to Main Categories
Updated August 6, 2014