White v. DHS, No. 21-00219, 2022 WL 4448912 (W.D. Va. Sept. 23, 2022) (Dillon, J.)

White v. DHS, No. 21-00219, 2022 WL 4448912 (W.D. Va. Sept. 23, 2022) (Dillon, J.)

Re:  Requests for records concerning plaintiff

Disposition:  Granting defendants’ motion to dismiss

• Litigation Considerations, Exhaustion of Administrative Remedies:  The court holds that “Plaintiff did not exhaust his request to the Postal Service . . . because the Postal Service did not receive his request, at least not until after this litigation commenced.”  “As described above, plaintiff sent his request to the wrong component of the Postal Service.”  “As for plaintiff’s request to the Secret Service . . . , plaintiff did not comply with the requirement to provide proof of identity.”  “While [plaintiff] did attempt to comply with this requirement, he sent his proof of identity to the wrong agency component.”  “Therefore, plaintiff’s claim against the Secret Service is unexhausted.”  “Plaintiff also failed to exhaust by not filing an administrative appeal.”