Sherven v. NSA, No. 23-603, 2024 WL 418745 (W.D. Wis. Feb. 5, 2024) (Peterson, J.)

Sherven v. NSA, No. 23-603, 2024 WL 418745 (W.D. Wis. Feb. 5, 2024) (Peterson, J.)

Re:  Plaintiff’s allegation that he submitted three FOIA requests to NSA

Disposition:  Dismissing plaintiff’s complaint without prejudice

• Litigation Considerations, Pleadings & Exhaustion of Administrative Remedies:  The court finds that “[plaintiff’s] complaint has two problems.”  “First, he hasn’t provided enough information to give notice to the defendant or to state a plausible claim.”  “He alleges only that he submitted three information requests to the agency, and it denied his requests.”  “He does not include copies of his requests, describe the information he was requesting, or even identify the dates of his requests.”  “So it is impossible to determine whether the agency may have violated FOIA . . . .”
  
  “Second, [plaintiff] doesn’t say whether he exhausted his administrative remedies.”  “If a plaintiff doesn’t allege that he exhausted his administrative remedies, the court must dismiss the complaint for failure to state a claim.”