Sherven v. FBI, No. 22-636, 2023 WL 130808 (W.D. Wis. Jan. 9, 2023) (Peterson, J.)

Sherven v. FBI, No. 22-636, 2023 WL 130808 (W.D. Wis. Jan. 9, 2023) (Peterson, J.)

Re:  Alleged request “‘for records where the FBI authorized the use of [enhance interrogation techniques]’”

Disposition:  Dismissing plaintiff’s case

• Litigation Considerations, Exhaustion of Administrative Remedies:  The court finds that “[plaintiff] doesn't allege that he exhausted his administrative remedies.”  “And there would be no point in giving [plaintiff] an opportunity to amend his complaint to clarify the issue because it’s clear that he didn't complete the administrative appeal process.”  “He signed his complaint on November 4, 2022, the same day he received a response from the agency, so it would have been impossible for him to comply with the exhaustion requirement before filing this case.”  “[The court] will dismiss the case without prejudice to [plaintiff] filing a new lawsuit after he exhausts his administrative remedies.”