Tuesday, July 30, 2013
Re: Request for access to plaintiff's Social Security Administration file Disposition: Granting defendant's motion to dismiss
- Litigation Considerations, Exhaustion of Administrative Remedies: The court finds that it "does not have subject matter jurisdiction over [plaintiff]'s request for his records pursuant to FOIA." The court notes that "[plaintiff]'s complaint is replete with multiple deficiencies." The court specifies that, "[a]mong other things, [plaintiff] failed to allege that he exhausted his administrative remedies before seeking judicial review or that he ever submitted a written request to [defendant] for his records, under the FOIA or any other statute." Moreover, the court finds that, "to the extent [plaintiff] submitted a FOIA request—and there is no record that he did . . . [plaintiff] failed to administratively appeal the denial of his request, as required for FOIA requests to [defendant]."
Updated August 6, 2014