Pair v. SSA, No. 15-1458, 2016 WL 739188 (D. Md. Feb. 25, 2016) (Bennett, J.)
Date
Pair v. SSA, No. 15-1458, 2016 WL 739188 (D. Md. Feb. 25, 2016) (Bennett, J.)
Re: Requests for records concerning alphanumeric code on back of plaintiff's Social Security card
Disposition: Granting defendant's motion to dismiss
- Litigation Considerations, Jurisdiction: The court finds that "[p]laintiff originally filed this action under the Maryland Public Information Act[.]" "However, the Maryland Public Information Act does not apply to federal agencies such as the Social Security Administration. Because documents filed pro se are to be 'liberally construed' and are 'held to less stringent standards than formal pleadings by lawyers,' . . . this Court will proceed to address Plaintiff’s claims under the Freedom of Information Act . . . the federal statute under which Plaintiff should have filed this petition initially."
- Litigation Considerations, Exhaustion of Administrative Remedies: The court finds that "[p]laintiff has failed to demonstrate that he exhausted his administrative remedies." "In its August 14, 2015 letter to Plaintiff, Defendant described the process for submitting a proper records request pertaining to a Social Security number." "Despite the numerous letters that Plaintiff alleges he sent to Defendant, Plaintiff has yet to submit a legitimate and proper request for records that are actually in existence and available at SSA."
Court Decision Topic(s)
District Court opinions
Litigation Considerations, Exhaustion of Administrative Remedies
Litigation Considerations, Jurisdiction
Updated January 21, 2022