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Amawi v. BOP, No. 13-536, 2014 WL 1389278 (S.D. Ill. Apr. 9, 2014) (Gilbert, J.)

Date

Amawi v. BOP, No. 13-536, 2014 WL 1389278 (S.D. Ill. Apr. 9, 2014) (Gilbert, J.)

Re: Requests for records concerning plaintiff

Disposition: Adopting Magistrate Judge's Report and Recommendation; granting defendant's motion to dismiss

  • Litigation Considerations, Exhaustion of Administrative Remedies:  The court adopts the Magistrate Judge's Report and Recommendation and grants defendant's motion to dismiss.  The Magistrate Judge previously found that "[p]laintiff has presented no evidence or argument that he challenged the imposition or amount of the fees, that he prepaid the fee for [one request] as required by statute, that he indicated a willingness to pay the fee associated with [another request] as required by regulations, or that he believes that response to [another request] was inadequate or that the withholding of information was inconsistent with FOIA exemptions."  The Magistrate Judge found "[no] evidence that Plaintiff attempted to exhaust any administrative remedies [as to any of the three requests] prior to filing suit."
Court Decision Topic(s)
District Court opinions
Litigation Considerations, Exhaustion of Administrative Remedies
Updated February 3, 2022