Powell v. The United States Postal Inspection Service, No. 3:2014cv00036 - Document 11 (E.D. Va. 2015)
Court Description: MEMORANDUM OPINION. Signed by District Judge James R. Spencer on 01/09/2015. Copy mailed to pro se plaintiff on 1/9/15.(tjoh, )
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Powell v. The United States Postal Inspection Service Doc. 11 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Richmond Division r:3 p JttU92®5 y 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. Dockets.Justia.com
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