The opinion
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
_________________________________________
)
MATTHEW J. SHERVEN, )
)
Plaintiff, )
)
v. )
) Case No. 22-cv-2412 (APM)
PRIVACY AND CIVIL LIBERTIES )
OVERSIGHT BOARD, )
)
Defendant. )
_________________________________________ )
MEMORANDUM OPINION
In this action brought under the Freedom of Information Act (“FOIA”), Defendant Privacy
and Civil Liberties Oversight Board moves to dismiss on the ground that pro se Plaintiff Matthew
Sherven failed to exhaust administrative remedies. Def.’s Mot. to Dismiss, ECF No. 10. Despite
receiving notice from the court, see Order, ECF No. 11, Plaintiff did not respond to the motion.
The court has reviewed Defendant’s motion de novo and agrees that this matter must be
dismissed because Plaintiff did not exhaust administrative remedies. “[A] requester under FOIA
must file an administrative appeal within the time limit specified in an agency’s FOIA regulations
or face dismissal of any lawsuit complaining about the agency’s response.” Wilbur v. Cent. Intel.
Agency, 355 F.3d 675, 676 (D.C. Cir. 2004) (internal quotation marks omitted). Here, Plaintiff
received a final determination on his FOIA request on August 8, 2022. Compl., ECF No. 1, at 1.
Defendant’s regulations provide that an administrative appeal must be filed “within 90 calendar
days after the date of the letter denying [the] request.” 6 C.F.R. § 1001.7(b) (2017). Plaintiff,
however, bypassed an administrative appeal and filed suit on August 13, 2022. See Compl. This
matter is therefore dismissed for failure to exhaust administrative remedies.
For the foregoing reasons, Defendant’s Motion to Dismiss, ECF No. 10, is granted. A
separate, final order accompanies this Memorandum Opinion.
Dated: January 31, 2023 Amit P. Mehta
United States District Court Judge