Chavez v. U.S., No. 18-6897, 2018 U.S. Dist. LEXIS 210627 (S.D.N.Y. Dec. 7, 2018) (Stanton, J.)

Chavez v. U.S., No. 18-6897, 2018 U.S. Dist. LEXIS 210627 (S.D.N.Y. Dec. 7, 2018) (Stanton, J.)

Re:  Request for records concerning last owners of two firearms and silencer/suppressor that were admitted as evidence in requester's criminal trial

Disposition:  Denying petition for writ of mandamus

• Litigation Considerations, Exhaustion of Administrative Remedies:  The court holds that "[the requester] alleges that [the government] [is] improperly withholding information under the FOIA, but he does not allege that he has exhausted his remedies before filing this action."  The court explains that, "rather than appealing [per the government's instructions in its FOIA response], [the requester] filed this petition for mandamus."  "Because [the requester] does not allege that he appealed the FBI's FOIA decision to the OIP, he fails to state a claim for relief under the FOIA."