Smith v. FBI, No. 24-0995, 2025 WL 417955 (E.D. Cal. Feb. 6, 2025) (Riordan, Mag. J.)

Smith v. FBI, No. 24-0995, 2025 WL 417955 (E.D. Cal. Feb. 6, 2025) (Riordan, Mag. J.)

Re: Request for certain records concerning plaintiff

Disposition:  Screening plaintiff’s complaint and finding that should Plaintiff wish to continue to pursue this action, plaintiff is required to file amended complaint within thirty days

• Litigation Considerations, Pleadings:  The magistrate judge finds that “Plaintiff fails to state a claim under FOIA due to his failure to exhaust administrative remedies.”  “Plaintiff does not allege that he appealed the purported failure to produce all responsive documents . . . .”  However, the court finds that “Plaintiff should have the opportunity to amend pleadings to articulate why the Court has jurisdiction to review Defendant’s response to the FOIA request.”