Trent v. DHS, No. 18-2591, 2020 WL 1429881 (D.D.C. Mar. 24, 2020) (Jackson, J.)

Trent v. DHS, No. 18-2591, 2020 WL 1429881 (D.D.C. Mar. 24, 2020) (Jackson, J.)

Re:  Request for records into alleged investigation of plaintiff

Disposition:  Granting defendant's motion for summary judgment

• Litigation Considerations, Exhaustion of Administrative Remedies:  "[B]ased upon a consideration of all the evidence, the Court concludes that it is bound by the law in this Circuit to find that plaintiff has failed to exhaust his administrative remedies."  The court finds that "Plaintiff's Appeal Letter does not include a street address, but the directions from the agency in the decision letter do not include a street address either."  "However, the agency's instruction also specify that a letter should be sent to that address 'following the procedures outlined in the DHS regulations at 6 C.F.R. § 5.8.'"  "Those procedures are much more specific . . . ."  "Moreover, the Appeal Letter indicates that it was sent by certified mail, but plaintiff has not provided a receipt from the U.S. Postal Service connecting the letter to a tracking number, nor has he supplied a copy of the envelope."  "On the other hand, defendant has submitted two affidavits stating that the agency never received the appeal."