Opinion
Civil Action 24-01163 (UNA)
07-17-2024
In re DIANA COLE CHERRY SPENCER, Petitioner.
MEMORANDUM OPINION
TREVOR N. McFADDEN United States District Judge
Diana Cole Cherry Spencer, appearing pro se, has submitted to the Clerk of this Court a Petition against “No Respondent/Interested parties,” ECF No. 1 (Caption), regarding “Decedent Darryl Dewitt Cherry Spencer” of whom Petitioner claims to be “the surviving spouse.” In the one-page Petition, Spencer asks “this court for amendment of [the decedent's] administrative 401k 5500 annual return/report of employee benefit plan Weyerhaeuser Company” and appears to seek “audit records filed dated [sic] 2001-2003” or perhaps “amendment/Correction” of such records. But courts rarely order non-parties to do anything.
Spencer's pending “Motion to Amend,” ECF No. 3, is somewhat illuminating. There, Spencer seems to seek “amendment/Correction” under the Privacy Act, 5 U.S.C. § 552a, of the decedent's “personal identifiable information” that may appear in records maintained by the U.S. Department of Labor and/or Department of Treasury. See generally Attachments, ECF No. 3-1. If such is the case, Spencer must exhaust her administrative remedies by “seeking an amendment or access from the [appropriate] agency and [if dissatisfied] seek[ing] review within the agency before coming to court.” Haase v. Sessions, 893 F.2d 370, 373 (D.C. Cir. 1990) (citing 5 U.S.C. §§ 552a(g)(1)(A) & (B); 552a(d)(3) & (1)). Nothing suggests that Spencer has pursued that path, and no other basis of federal court jurisdiction has been established. Consequently, this case will be dismissed by separate order.