Staszak v. DOJ, No. 22-3267, 2024 WL 1328460 (D.D.C. Mar. 28, 2024) (Berman Jackson, J.)

Staszak v. DOJ, No. 22-3267, 2024 WL 1328460 (D.D.C. Mar. 28, 2024) (Berman Jackson, J.)

Re:  Request for records concerning plaintiff’s son’s criminal conviction

Disposition:  Granting defendant’s motion for summary judgment

• Litigation Considerations, Exhaustion of Administrative Remedies:  The court holds that “it is clear from the record that plaintiff failed to comply with both the EOUSA’s and FBI’s regulations regarding how to make a proper FOIA request.”  “First, with respect to the EOUSA, the record shows that plaintiff never appealed the agency’s final determination in its August 2, 2022 letter, nor did he submit a new FOIA request to the EOUSA with the requisite Certification of Identity in his son’s name.”  “While plaintiff did appeal the FBI’s July 14, 2022 decision, he did not submit a new FOIA request with the authorization the agency explained would be necessary:  a Form DOJ-361 properly signed by [plaintiff’s son].”  “Plaintiff attached the appropriate form, executed by [plaintiff’s son], to his complaint, but he must exhaust proceedings with the agency before the Court can get involved, and he cannot show that he completed the first step – submitting a proper request to either agency.”  “It appears that plaintiff now has the necessary Form DOJ-361 signed by [plaintiff’s son] to submit a new and proper FOIA request to the agencies.”  “Until he does so, the Court will decline to decide the merits of his unexhausted FOIA claim, since neither agency has responded to the renewed request or created a record to review.”