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Riggleman v. Deppner, No. 13-cv-22194, 2013 WL 6409797 (S.D. W.Va. December 9, 2013) (Berger, J.)

Re: Request for information concerning Special Assistant United States Attorneys in the Southern District of West Virginia from January 01, 2003 until January 01, 2014 Disposition: Adopting report and recommendation of Magistrate Judge; dismissing plaintiff's complaint
  • Litigation Considerations, Exhaustion of Administrative Remedies:  The court finds that "[p]laintiff has not challenged the Magistrate Judge's legal finding that a requester must submit a FOIA request to the appropriate agency, or else it cannot be said that he exhausted his administrative remedies."  The court explains that "[i]n this case, it appears that the Plaintiff has not even initiated exhaustion of the administrative process underlying FOIA requests."  The court notes that "[t]he Magistrate Judge goes on to explain, via footnote, that the Plaintiff most likely intended to treat this filing as a formal request, but that the Plaintiff should understand that the Office of the Clerk of the United States District Court is not the appropriate venue for such a request, nor is this lawsuit the appropriate vehicle for making a request."
Court Decision Topic(s)
District Court opinions
Litigation Considerations, Exhaustion of Administrative Remedies
Litigation Considerations, Supplemental to Main Categories
Updated August 6, 2014