Powell v. The United States Postal Inspection Service

Filing 11

MEMORANDUM OPINION. Signed by District Judge James R. Spencer on 01/09/2015. Copy mailed to pro se plaintiff on 1/9/15.(tjoh, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF VIRGINIA
Richmond Division

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CLERK, U.S. DISTRICTCOURT

SOLOMON N. POWELL,

RICHMOND, VA

Plaintiff,
v.

Civil Action No. 3:14CV36

THE UNITED STATES POSTAL INSPECTION SERVICE,
Defendant.

MEMORANDUM OPINION

Solomon N. Powell, a federal inmate proceedingpro se and informa pauperis, submitted a

"Motion for Request ofDocuments and/or Information," ("Motion," ECF No. I),1 requesting that
the Court, pursuant to the Freedom ofInformation Act (FOIA),2 order the United States Postal
Inspection Service (USPIS) to produce documents demonstrating that Powell owes money to
various financial institutions. {Id. at 1.) Powell fails to allege that he filed a FOIA request with

USPIS in his Motion and, accordingly, fails to demonstrate that he properly exhausted his

administrative remedies. See Coleman v. DrugEnforcement Admin., 714 F.3d 816, 820 (4th Cir.
2013) (citation omitted); 28 C.F.R. § 16.9(c)).

By Memorandum Order entered December 12, 2014, the Court directed Powell to show
cause within eleven (11) days why his Motion should not be dismissed for lack of exhaustion.

Powell has not responded. Accordingly, Powell's Motion will be DISMISSED WITHOUT
PREJUDICE. Powell remains free to re-file after he exhausts his administrative remedies under

FOIA. See Fed. R. Civ. P. 41(b).

An appropriate Final Order shall issue.
/S/

Date: A* 7"/5

James R. Spencer

Richmond, Virginia

Senior U. S. District Judge

1 The Court corrects the capitalization in quotations from Powell's filings.
2 5 U.S.C. § 552.