Sanders v. Lewis
Filing
9
DECISION AND ORDER granting 3 Motion for Leave to Proceed in forma pauperis and DISMISSING the complaint without prejudice for failure to exhaust. Signed by Judge William C Griesbach on 6/01/2011. (cc: all counsel, via US mail to Paschall Sanders III) (Griesbach, William)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
PASCHALL SANDERS III,
Plaintiff,
v.
Case No. 11-C-443
TRUDY LEWIS,
Defendant.
DECISION AND ORDER
In this action, the pro se plaintiff seeks records relating to his Social Security Disability
benefits from the Regional Commissioner of the Agency, in Chicago, pursuant to the Freedom of
Information Act (FOIA). The FOIA provides jurisdiction in the district courts to enjoin an agency,
subject to the Act, from “withholding agency records and to order the production of any agency
records improperly withheld from the complainant.” 5 U.S.C. § 552(a)(4)(B).
On complaint, the district court of the United States in the district in which the
complainant resides, or has his principal place of business, or in which the agency
records are situated, or in the District of Columbia, has jurisdiction to enjoin the
agency from withholding agency records and to order the production of any agency
records improperly withheld from the complainant. In such a case the court shall
determine the matter de novo, and may examine the contents of such agency records
in camera to determine whether such records or any part thereof shall be withheld
under any of the exemptions set forth in subsection (b) of this section, and the
burden is on the agency to sustain its action. In addition to any other matters to
which a court accords substantial weight, a court shall accord substantial weight to
an affidavit of an agency concerning the agency's determination as to technical
feasibility under paragraph (2)(C) and subsection (b) and reproducibility under
paragraph (3)(B).
5 U.S.C. § 552(a)(4)(B).
To state a FOIA claim, a plaintiff must also assert that he has exhausted his administrative
remedies. See Scherer v. Balkema, 840 F.2d 437, 443 (7th Cir.1988). Here, Plaintiff asserts that
he repeatedly asked Trudy Lewis, a regional commissioner, for the documents he seeks. But under
applicable regulations, a claim for documents from the Social Security Administration must be
made to the Freedom of Information Officer. For social security information requests the Freedom
of Information Officer is the Director of the Office of Public Inquiries. 45 C.F.R. § 5.31(a)(3) (“If
the records you seek are exclusively records of the Social Security Administration, including its
records in the regions, only the Director, Office of Public Inquiries, SSA, who also is the SSA
Freedom of Information Officer, may determine whether to release or deny the records.”)
Accordingly, because the complaint does not indicate that Plaintiff has made the request to the
proper person, it will be dismissed without prejudice for failure to exhaust. The motion to proceed
IFP is granted, meaning that the filing fee is waived.
SO ORDERED this
1st
day of June, 2011.
s/ William C. Griesbach
William C. Griesbach
United States District Judge
2
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