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Thyer v. DOJ, No. 12-0606 (RLW), 2013 U.S. Dist. LEXIS 4400 (D.D.C. Jan. 11, 2013) (Wilkins J.)

Friday, January 11, 2013
Re: Request for records pertaining to plaintiff Disposition: Granting defendant's motion to dismiss
  • Motion to Dismiss: The court grants the defendant's motion to dismiss "on the ground that plaintiff's FOIA claim is barred under the terms of her plea agreement." Plaintiff fully understood the terms of the agreement and the rights she waived and represents that she entered the agreement voluntarily. "Plaintiff clearly requests records that fall within the scope of the plea agreement's FOIA waiver."
  • Exhaustion: The court determines "[e]ven if the FOIA waiver of the plea agreement did not bar this action, there is an alternate basis for its dismissal." For the three requests filed by the plaintiff, there is no indication that the agencies received an administrative appeal from their action. The court concludes, "plaintiff has not exhausted her administrative remedies and the claims therefore must be dismissed."
District Court
Motion To Dismiss
Updated August 6, 2014