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Moon v. FBI, No. 15-197, 2015 U.S. Dist. LEXIS 158271 (E.D. Mo. Nov. 24, 2015) (Limbaugh, Jr., J.)

Date

Moon v. FBI, No. 15-197, 2015 U.S. Dist. LEXIS 158271 (E.D. Mo. Nov. 24, 2015) (Limbaugh, Jr., J.)

Re: Request for records concerning investigation at USP Terre Haute

Disposition: Granting plaintiff's motion to proceed in forma pauperis; dismissing plaintiff's complaint without prejudice

  • Litigation Considerations, Exhaustion of Administrative Remedies:  The court holds that "[p]laintiff alleges that the FBI acknowledged receipt of his request and assigned it a . . . claim number."  "He does not state that the FBI provided him with a decision, and he does not state whether he exhausted administrative remedies from a denial of his request."  "Because he has not alleged that he has exhausted available administrative remedies, the complaint fails to state a claim upon which relief can be granted."
Court Decision Topic(s)
District Court opinions
Litigation Considerations, Exhaustion of Administrative Remedies
Updated January 10, 2022