Roberson v. FBI, No. 18-1593, 2019 WL 5892219 (D.D.C. Nov. 12, 2019) (Mehta, J.)

Roberson v. FBI, No. 18-1593, 2019 WL 5892219 (D.D.C. Nov. 12, 2019) (Mehta, J.)

Re:  Three requests for records concerning genetic testing, a third party, and a laboratory file

Disposition:  Granting defendant's motion to dismiss

• Litigation Considerations, Exhaustion of Administrative Remedies:  The court holds that "Plaintiff has produced no evidence showing that he pursued, much less exhausted, his administrative remedies."  In fact, the court notes that "Plaintiff does not dispute that he did not pursue any administrative remedies."  The court also finds that "Plaintiff's constructive exhaustion argument is unfounded."  The court relates that "the agency's determinations with respect to Plaintiff's requests all came not only within the 20-day timeframe but also the latest of the three [was] issued five days before Plaintiff filed suit . . . ."