Lusk v. Norton, No. 21-01976, 2022 WL 17741378 (D.S.C. Dec. 16, 2022) (Coggins, Jr., J.)

Lusk v. Norton, No. 21-01976, 2022 WL 17741378 (D.S.C. Dec. 16, 2022) (Coggins, Jr., J.)

Re:  Request for records concerning incident involving plaintiff

Disposition:  Adopting magistrate judge’s recommendation; granting defendant’s motion to dismiss

• Litigation Considerations, Exhaustion of Administrative Remedies:  The court finds that, “[a]s noted by the Magistrate Judge, Plaintiff has not alleged that she paid the [estimated $468,048] fee, applied for a fee waiver, was granted or denied a fee waiver, appealed any refusal to waive fees, or in any other way disputed the USPS's fee determination.”  “Accordingly, Plaintiff has failed to exhaust her administrative remedies as to the fee issue raised in the Amended Complaint and her FOIA claim should be dismissed for failure to state a claim.”