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Case TitleHenry Provost v. City of Sanger
DistrictEastern District of California
CityFresno
Case Number1:2014cv01329
Date Filed2014-08-26
Date Closed2015-01-07
JudgeDistrict Judge Anthony W. Ishii
PlaintiffHenry Provost
Case DescriptionHenry Provost submitted a request to the City of Sanger for clarification of the meaning of a sentence in the "Measure S" ordinance. The "Measure S" ordinance restricts the City of Sanger from using any tax revenues raised by Measure S to pay salaries or overhead expenses for the police or fire departments; such revenues must be spent solely on public safety projects. The City did not respond to Provost's request and he filed suit in federal court. This is not a FOIA case because the federal FOIA applies only to federal agencies, not state or local agencies. Sanger may have a cause of action in state court under the California Public Records Act, but not in federal court under FOIA.
Complaint issues: FOIA not mentioned

DefendantCity of Sanger
Documents
Docket
Complaint
Opinion/Order [4]
Opinion/Order [5]
FOIA Project Annotation: Recommendation by magistrate judge to dismiss for failure to state a claim since Provost had sued the City of Sanger, which is not a federal agency subject to FOIA.
Issues: Litigation - Jurisdiction - Standing
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text
2014-08-261COMPLAINT (FOIA) against City of Sanger by Henry Provost.(Martin-Gill, S) (Entered: 08/28/2014)
2014-08-262MOTION to PROCEED IN FORMA PAUPERIS by Henry Provost. (Martin-Gill, S) (Entered: 08/28/2014)
2014-08-263CIVIL COVER SHEET by Henry Provost (Martin-Gill, S) (Entered: 08/28/2014)
2014-08-28APPLICATION TO PROCEED IFP filed - Action Required.(text only) (Martin-Gill, S) (Entered: 08/28/2014)
2014-10-294FINDINGS and RECOMMENDATIONS Recommending that Plaintiff's Complaint be Dismissed Without Leave to Amend. Matter referred to Judge Ishii; Objections to F&R due withing twenty-eight (28) days of service of this recommendation; signed by Magistrate Judge Sheila K. Oberto on 10/28/2014. (Timken, A) (Entered: 10/29/2014)
2014-10-29SERVICE BY MAIL: 4 Findings and Recommendations served on Henry Provost. (Timken, A) (Entered: 10/29/2014)
2014-11-035ORDER granting 2 Motion to Proceed IFP signed by Magistrate Judge Sheila K. Oberto on 11/3/2014. (Lundstrom, T) (Entered: 11/03/2014)
2014-11-03SERVICE BY MAIL: 5 Order on Motion to Proceed in forma pauperis served on Henry Provost. (Lundstrom, T) (Entered: 11/03/2014)
2015-01-076ORDER Adopting 4 Findings and Recommendations, Dismissing Action with Prejudice, for Lack of Jurisdiction, signed by District Judge Anthony W. Ishii on 1/7/15. CASE CLOSED.(Verduzco, M) (Entered: 01/07/2015)
2015-01-077JUDGMENT dated *1/7/15* pursuant to order (Verduzco, M) (Entered: 01/07/2015)
2015-01-07SERVICE BY MAIL: 6 Order Adopting Findings and Recommendations, 7 Judgment served on Henry Provost. (Verduzco, M) (Entered: 01/07/2015)
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by FOIA Project Staff
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