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Hensley v. DOJ, No. 22-00879, 2022 WL 16575321 (E.D. Ark. Nov. 1, 2022) (Moody, Jr., J.)

Date

Hensley v. DOJ, No. 22-00879, 2022 WL 16575321 (E.D. Ark. Nov. 1, 2022) (Moody, Jr., J.)

Re:  Requests for records concerning plaintiff

Disposition:  Screening plaintiff’s complaint; providing plaintiff opportunity to amend complaint

  • Litigation Considerations, Exhaustion of Administrative Remedies:  The court finds that “it is not apparent from the documents provided that [plaintiff] has exhausted his administrative appeals, a prerequisite for bringing a FOIA suit.”  “The letters sent by the FBI to [plaintiff] indicate that, on receipt of request, the agency assigns a request number.”  “The letters also outline the internal appellate procedures necessary should the applicant be dissatisfied with the ruling.”  “[Plaintiff] has provided nothing to suggest that he has exhausted these procedures.”  “The Court will give [plaintiff] an opportunity to amend his complaint.”
Court Decision Topic(s)
District Court opinions
Litigation Considerations, Exhaustion of Administrative Remedies
Updated December 1, 2022