Pursuant to Federal Rule of Civil Procedure 12(b)(1), the court dismisses plaintiff's claims that the Department of Labor was negligent in its processing of her FOIA requests. Holding: Granting defendant's motion to dismiss for lack of subject matter jurisdiction and for failure to state a claim upon which relief may be granted. The court notes that "an agency has not 'improperly' withheld records, and this court has no jurisdiction, where a requester has not complied with agency regulations." Accordingly, since plaintiff still has not complied with the Department of Education's regulations, his claim is dismissed without prejudice In addition, processing of plaintiff's request was initially delayed because he failed to submit it to the correct address. Plaintiff has not submitted the verification of identity that is required by Department of Education regulations. The court dismisses plaintiff's claim for lack of subject matter jurisdiction. Holding: Granting defendant's motion to dismiss for lack of subject matter jurisdiction without prejudice.
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