Bida v. Russo, No. 14-104, 2014 WL 1392338 (E.D.N.Y. Apr. 9, 2014) (Mauskopf, J.)

Bida v. Russo, No. 14-104, 2014 WL 1392338 (E.D.N.Y. Apr. 9, 2014) (Mauskopf, J.)

Re: Request for certain records maintained by FEMA

Disposition: Dismissing plaintiff's complaint

• Litigation Considerations, Pleadings:  The court holds that plaintiff "fails to state a claim against a proper defendant."  The court notes that "plaintiff asserts that FOIA entitles him to FEMA records and asks the Court to order FEMA to produce those records."  However, the court finds that plaintiff "names only Russo, [plaintiff's tenant] and fails to name FEMA, as a defendant."

• Litigation Considerations, Exhaustion of Administrative Remedies:  The court also holds that "[m]erely substituting FEMA as a defendant would not salvage the complaint, as plaintiff fails to plead that he has exhausted his administrative remedies."  The court finds that plaintiff "makes no allegations concerning what requests, if any, he has made to FEMA."  Therefore, the court finds that plaintiff "fails to plead that he exhausted his administrative remedies."