Sunday, January 20, 2013
Re: Request for records pertaining to plaintiff Disposition: Granting defendant's motion for summary judgment on exhaustion grounds
- Exhaustion: The court finds that plaintiff failed to exhaust his administrative remedies when his appeal was received ten days after the sixty-day deadline. The court rejects plaintiff's contention that the "prisoner's mailbox rule' renders his appeal timely." "The FOIA appeal regulation in this case specifically required that [the Office of Information Policy] receive the appeal within sixty days of the date of the September 8, 2009 letter." Because the statutory scheme "required receipt by a specific date" and the appeal was not received by that date, "plaintiff did not comply with the regulation."
Updated August 6, 2014