Foley v. DOJ, No. 16-203, 2018 WL 5809986 (W.D. Pa. Nov. 6, 2018) (Baxter, J.)

Foley v. DOJ, No. 16-203, 2018 WL 5809986 (W.D. Pa. Nov. 6, 2018) (Baxter, J.)

Re:  Request for records concerning plaintiff's business dealings

Disposition:  Granting defendant's renewed motion for summary judgment

• Litigation Considerations, Exhaustion of Administrative Remedies:  The court holds that "it is apparent that Plaintiff has failed to exhaust his administrative remedies and that dismissal of this case is warranted."  The court finds that "[t]he requirement to exhaust administrative remedies includes following an agency's fee regulations and, where appropriate, paying the fees assessed."  "Here, it is undisputed that Plaintiff has failed to pay the duplication fees assessed by Defendant in connection with its third and fourth releases of records responsive to his FOIA request."