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Case TitleFLETE-GARCIA v. U.S. DEPARTMENT OF JUSTICE
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2019cv01420
Date Filed2019-05-13
Date ClosedOpen
JudgeJudge Randolph D. Moss
PlaintiffFULVIO FLETE-GARCIA
DefendantU.S. DEPARTMENT OF JUSTICE
Documents
Docket
Complaint
Complaint attachment 1
Opinion/Order [23]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2019-05-13Initiating Pleading & IFP Application Received on 05/13/2019. A copy of the docket sheet has been mailed to the address of record for the pro se party. (zsb) (Entered: 05/21/2019)
2019-05-131COMPLAINT against U.S. DEPARTMENT OF JUSTICE filed by FULVIO FLETE-GARCIA. (Attachment: # 1 Exhibit)(zsb) (Entered: 05/22/2019)
2019-05-132MOTION for Leave to Proceed in forma pauperis by FULVIO FLETE-GARCIA (zsb) (Entered: 05/22/2019)
2019-05-133PRISONER TRUST FUND ACCOUNT STATEMENT for period of six months by FULVIO FLETE-GARCIA (zsb) (Entered: 05/22/2019)
2019-06-104ORDER directing an initial partial filing fee in the amount of $50.83 from Prison Account of FULVIO FLETE-GARCIA and granting 2 MOTION for Leave to Proceed In Forma Pauperis (see order for full details). Pro Se party has been notified by first class mail. Signed by Judge James E. Boasberg on 06/07/2019. (zeg) (Entered: 06/11/2019)
2019-06-12ENTERED IN ERROR.....Case Reassigned to Judge Royce C. Lamberth. Unassigned is no longer assigned to the case. (zeg) Modified on 6/12/2019 (zeg). (Entered: 06/12/2019)
2019-06-12NOTICE OF CORRECTED DOCKET ENTRY: re Case Assigned/Reassigned was entered in error. Case should be assigned to Judge Moss as related to 18-cv-2442-RDM. (zeg) (Entered: 06/12/2019)
2019-06-12Case Reassigned to Judge Randolph D. Moss. Judge Royce C. Lamberth is no longer assigned to the case. (zeg) (Entered: 06/12/2019)
2019-06-125SUMMONS(3) Issued as to U.S. DEPARTMENT OF JUSTICE, U.S. Attorney and U.S. Attorney General (zeg) (Entered: 06/12/2019)
2019-07-096RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 7/1/2019. Answer due for ALL FEDERAL DEFENDANTS by 7/31/2019. (ztd) (Entered: 07/12/2019)
2019-07-269RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 7/2/2019. ( Answer due for ALL FEDERAL DEFENDANTS by 8/1/2019.) RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 7/2/2019. (tth); Modified Date Filed on 8/1/2019 (tth). (Entered: 08/01/2019)
2019-07-317ENTERED IN ERROR.....NOTICE of Appearance by Benton Gregory Peterson on behalf of All Defendants (Peterson, Benton) Modified on 8/1/2019 (znmw). (Entered: 07/31/2019)
2019-07-318MOTION to Dismiss by U.S. DEPARTMENT OF JUSTICE (Peterson, Benton) (Entered: 07/31/2019)
2019-08-01NOTICE OF ERROR re 7 Notice of Appearance; emailed to benton.peterson@usdoj.gov, cc'd 3 associated attorneys -- The PDF file you docketed contained errors: 1. Incorrect document/case, 2. Please refile document, 3. ENTERED IN ERROR; Incorrect document attached; Please refile. (znmw, ) (Entered: 08/01/2019)
2019-08-0410FOX/NEAL ORDER: Plaintiff is hereby ORDERED to respond to Defendant's Motion to Dismiss, Dkt. 8 , on or before September 13, 2019. See document for details. Signed by Judge Randolph D. Moss on 8/4/2019. (lcrdm1, ) (Entered: 08/04/2019)
2019-08-05Set/Reset Deadlines: Plaintiff's Response due by 9/13/2019. (kt) (Entered: 08/05/2019)
2019-08-2311MOTION for Order by FULVIO FLETE-GARCIA (ztd); ("Leave to file Granted" signed 8/23/19 by Judge Randolph D. Moss) (Entered: 08/26/2019)
2019-08-2712STANDING ORDER: The parties are hereby ORDERED to comply with the directives set forth in this Court's Standing Order. See document for details. Signed by Judge Randolph D. Moss on 8/27/19. (lcrdm1, ) (Entered: 08/27/2019)
2019-08-27MINUTE ORDER: Upon consideration of Plaintiff's motion to order Defendant to comply with the Federal Rules of Civil Procedure and Serve a Copy of Defendant's Motion to Dismiss on Plaintiff, Dkt. 11 , the motion is hereby GRANTED. A "written motion, except one that may be heard ex parte," "must be served on every party." Fed. R. Civ. P. 5(A)(1)(D). Pursuant to this Court's Standing Order, "[p]arties represented by counsel must serve documents upon pro se parties in paper form." Furthermore, the Local Rules require that "[a] separate certificate of service or other proof of service showing that a paper copy was served on a party is required when the party does not receive electronic notification of filings." LCrR 49(d)(2). Finally, "[w]hen a paper that is required to be served is served by other means" than the court's electronic-filing system, "if the paper is filed, a certificate of service must be filed with it or within a reasonable time after service." Fed. R. Civ. P. 5(d)(1)(B). Defendant's motion to dismiss, Dkt. 8 , does not include proof of service. The Court hereby ORDERS Defendant to serve the motion to dismiss upon Plaintiff in paper form and to file a certificate of service as required by the Federal Rules, Local Rules, and this Court's Standing Order, on or before August 30, 2019. In light of the above, the Court hereby extends Plaintiff's time to respond to Defendant's motion to dismiss until October 14, 2019. Signed by Judge Randolph D. Moss on 8/27/19. (lcrdm1, ) (Entered: 08/27/2019)
2019-08-27Set/Reset Deadlines: Defendant to serve the motion to dismiss upon Plaintiff in paper form and to file a certificate of service by 8/30/2019. Plaintiff's time to respond to Defendant's motion to dismiss due 10/14/2019. (dot) (Entered: 08/27/2019)
2019-08-2913NOTICE of Filing of Certificate of Service by U.S. DEPARTMENT OF JUSTICE re 8 MOTION to Dismiss (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Certificate of Service)(Peterson, Benton) (Entered: 08/29/2019)
2019-09-0514MOTION to Amend/Correct 1 Complaint (Petition for Preliminary Injunction) by FULVIO FLETE-GARCIA (Attachments: # 1 Exhibit Petition for Preliminary Injunction)(ztd) (Entered: 09/09/2019)
2019-09-0515MOTION for Extension of Time by FULVIO FLETE-GARCIA (ztd) (Entered: 09/09/2019)
2019-09-12MINUTE ORDER: Upon consideration of Plaintiff's Motion to Amend/Correct Complaint (Petition for Preliminary Injunction), Dkt. 14 , the Motion is hereby GRANTED. The corrected Petition for Preliminary Injunction is hereby DEEMED FILED. The Court hereby ORDERS Defendant to indicate on or before September 18, 2019 whether it intends to alter its Motion to Dismiss, Dkt. 8 , based on the Court's grant of Plaintiff's Motion to Amend/Correct. Signed by Judge Randolph D. Moss on 9/12/19. (lcrdm1, ) (Entered: 09/12/2019)
2019-09-12Set/Reset Deadlines: Defendant's notice to the Court due by 9/18/2019. (kt) (Entered: 09/12/2019)
2019-09-1216AMENDED COMPLAINT against U.S. DEPARTMENT OF JUSTICE filed by FULVIO FLETE-GARCIA.(ztd) (Entered: 09/16/2019)
2019-09-1618MOTION to Take Judicial Notice by FULVIO FLETE-GARCIA (ztd) (Entered: 09/20/2019)
2019-09-1817NOTICE to the Court by U.S. DEPARTMENT OF JUSTICE re Order on Motion to Amend/Correct,, (Attachments: # 1 Certificate of Service)(Peterson, Benton) (Entered: 09/18/2019)
2019-09-18MINUTE ORDER: Upon consideration of Plaintiff's Motion for Extension of Time, Dkt. 15 , the motion is hereby GRANTED. The Court hereby ORDERS Plaintiff to respond to Defendant's Motion to Dismiss on or before November 16, 2019. Signed by Judge Randolph D. Moss on 9/18/2019. (lcrdm1, ) (Entered: 09/18/2019)
2019-09-19Set/Reset Deadlines: Plaintiff's Response due by 11/16/2019. (kt) (Entered: 09/19/2019)
2019-09-22MINUTE ORDER: Upon consideration of Plaintiff's Motion to Take Judicial Notice, Dkt. 18 , it is hereby ORDERED that the Motion is DENIED as moot in light of the Court's prior order granting Plaintiff's Motion to Amend/Correct Complaint (Petition for Preliminary Injunction) to include the two omitted pages. See Minute Order (Sept. 12, 2019); Dkt. 16 (Am. Compl.). The entire 7-page Complaint (Petition for Preliminary Injunction) has been deemed filed. Signed by Judge Randolph D. Moss on 9/22/19. (lcrdm1, ) (Entered: 09/22/2019)
2019-10-1119MOTION for copy of preliminary injunction filed 5/13/19 re 1 Complaint by FULVIO FLETE-GARCIA (Attachments: # 1 Exhibit)(ztd) (Entered: 10/15/2019)
2019-10-17MINUTE ORDER: In light of the recent filing of the Plaintiff's full 7-page amended complaint, Dkt. 16 , and Plaintiff's motion for a copy, Dkt. 19 , it is hereby ORDERED that the motion is GRANTED. The Clerk of Court is directed to mail Plaintiff a copy of the 7-page amended complaint, Dkt. 16 , at his address of record. Signed by Judge Randolph D. Moss on 10/17/19. (lcrdm1) (Entered: 10/17/2019)
2019-10-2120RESPONSE re 8 MOTION to Dismiss filed by FULVIO FLETE-GARCIA. (ztd) (Entered: 10/23/2019)
2019-11-0421MOTION to Take Judicial Notice by FULVIO FLETE-GARCIA (ztd) (Entered: 11/06/2019)
2019-11-1222MOTION copy of documents by FULVIO FLETE-GARCIA (ztd) (Entered: 11/14/2019)
2019-12-12Partial Filing Fee Received from FULVIO FLETE-GARCIA in the amount of $110.00, receipt number: 4616101791. (zrdj) (Entered: 12/13/2019)
2019-12-27MINUTE ORDER: Upon consideration of Plaintiff's motion to take judicial notice, Dkt. 21 , and motion for copy of documents, Dkt. 22 , it is hereby ORDERED that the motions are DENIED. Regarding Plaintiffs, motion to take judicial notice, Dkt. 21 , informing the Court that filings have been made is not a proper subject of a motion for judicial notice. Plaintiff is instructed to cease moving for judicial notice on this ground. Regarding Plaintiff's motion for a copy of documents, Dkt. 22 , Plaintiff is instructed to cease styling such requests as motions to the Court and, instead, to address any further requests for documents to the office of the Clerk of Court in the first instance. If Plaintiff is unable to obtain necessary information in the ordinary course, Plaintiff may file a motion, but must demonstrate that he has exhausted ordinary methods, does not otherwise have access to the necessary information or materials, and has good cause for the request. Signed by Judge Randolph D. Moss on 12/27/19. (lcrdm1) (Entered: 12/27/2019)
2020-01-22MINUTE ORDER: The parties are hereby ORDERED to comply with the terms of the Court's revised standing order, which is available on the Court's website. Click for details. Signed by Judge Randolph D. Moss on 1/22/20. (lcrdm1) (Entered: 01/22/2020)
2020-02-2723MEMORANDUM OPINION AND ORDER denying Defendant's motion to dismiss, Dkt. 8, and denying Plaintiff's motion for a preliminary injunction, Dkt. 16. See document for details. Signed by Judge Randolph D. Moss on 2/27/20. (lcrdm1) (Entered: 02/27/2020)
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by FOIA Project Staff
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