Mitchell v. Samuels, No. 15-1192, 2016 WL 632191 (D.D.C. Feb. 17, 2016) (Howell, J.)

Mitchell v. Samuels, No. 15-1192, 2016 WL 632191 (D.D.C. Feb. 17, 2016) (Howell, J.)

Re: Request for plaintiff's disciplinary record

Disposition: Granting defendant's motion for summary judgment

• Litigation Considerations, Exhaustion of Administrative Remedies:  "The Court will grant the defendant’s motion on the ground that plaintiff failed to exhaust his administrative remedies prior to filing this civil action."  "The Court concludes that the existence of a USPS tracking number is not competent evidence that plaintiff submitted a valid FOIA request . . ."  The court explains that "plaintiff does not demonstrate that the BOP actually received the . . . request . . ."  "'If no FOIA request is received, an agency has no reason to search or produce records and similarly has no basis to respond.'"