Moon v. BOP, No. 15-00196, 2016 WL 3627198 (E.D. Mo. July 5, 2016) (Limbaugh, Jr., J.)

Date: 
Tuesday, July 5, 2016

Moon v. BOP, No. 15-00196, 2016 WL 3627198 (E.D. Mo. July 5, 2016) (Limbaugh, Jr., J.)

Re:  Request for all administrative remedies filed by plaintiff while he was in Communications Management Unit

Disposition: Granting defendant's motion for summary judgment

  • Litigation Considerations, Exhaustion of Administrative Remedies:  The court holds that, "[b]ecause plaintiff has not paid the fees associated with his request or modified his request, he has failed to exhaust his administrative remedies."  The court finds that "[w]hile there is doubt as to when plaintiff learned that he would be required to pay a fee, there is no doubt that plaintiff has not paid the fee."  "Moreover, he has now been made fully aware of the fee."  "Regardless of whether plaintiff received the letter before or after he filed this litigation, defendant has no obligation to complete the FOIA request until plaintiff pays the fee or modifies his request to reduce the fee."
Topic: 
District Court
Exhaustion
Litigation Considerations
Updated October 24, 2016