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Lakin v. DOJ, No. 11-594, 2013 WL 210878 (D.D.C. Jan. 20, 2013) (Sullivan J.)

Date
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."
Court Decision Topic(s)
District Court opinions
Litigation Considerations, Exhaustion of Administrative Remedies
Updated August 6, 2014