Horton v. Visitor's Control Ctr., No. 16-1260, 2017 WL 972148 (W.D. Okla. Mar. 10, 2017) (DeGiusti, J.)

Horton v. Visitor's Control Ctr., No. 16-1260, 2017 WL 972148 (W.D. Okla. Mar. 10, 2017) (DeGiusti, J.)

Re: Plaintiff's allegation that defendant failed to publish its administrative rules in the Federal Register

Disposition: Granting defendant's motion to dismiss

• Litigation Considerations: The court holds that "[p]laintiff lacks standing to bring the APA claim asserted in the Complaint – that Defendant failed to publish its administrative rules in the Federal Register – and this claim would be governed by the [FOIA]." However, Plaintiff cannot pursue this claim under FOIA due to a lack of administrative exhaustion and a lack of authority to grant the relief sought."