United States v. Kennedy, No. 15-9, 2020 U.S. Dist. LEXIS 114184 (E.D. Ky. June 29, 2020) (Caldwell, J.)

United States v. Kennedy, No. 15-9, 2020 U.S. Dist. LEXIS 114184 (E.D. Ky. June 29, 2020) (Caldwell, J.)

Re:  Motion requesting court's "'intervention'" in pending FOIA case

Disposition:  Denying defendant's motion

• Litigation Considerations, Jurisdiction:  "The Court cannot grant this relief" on the motion of a defendant in a criminal action "'for order to compel release of records,' requesting the Court's 'intervention' in his pending Freedom of Information Act request that he had filed with the Drug Enforcement Agency."  The court holds that "'[u]nder FOIA, the interested person must request specific information in accordance with 5 U.S.C. § 552(a)(1)-(3), have the request refused by the agency, and exhaust any administrative appeal procedures with the agency before proceeding to federal court.'"  "An individual must file a complaint, and 'must allege in his complaint that he exhausted his remedies under FOIA in order to properly plead a case.'"