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Case TitleByrd v. Director of Corrections
DistrictSouthern District of California
CitySan Diego
Case Number3:2015cv02339
Date Filed2015-10-14
Date Closed2016-02-29
JudgeJudge Gonzalo P. Curiel
PlaintiffHouston Byrd
Case DescriptionHouston Byrd, a California state prisoner, filed suit against the Director of Corrections alleging that he had been denied access to records pertaining to his sentence. While Byrd may have a cause of action under the California Public Records Act, which applies to state agencies, he does not have a cause of action under the federal Freedom of Information Act.
Complaint issues: FOIA not mentioned

DefendantDirector of Corrections
DefendantMatthew Cates
DefendantTim Perez
DefendantN. Valenzuela
DefendantCCI Mete
DefendantJ. Castillo
Documents
Docket
Complaint
Opinion/Order [8]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2015-10-141COMPLAINT against Director of Corrections, filed by Houston Byrd. (Filing fee $ 400.00; fee not paid; no IFP filed) The new case number is 3:15-cv-2339-GPC-KSC. Judge Gonzalo P. Curiel and Magistrate Judge Karen S. Crawford are assigned to the case.(skh) (Entered: 10/16/2015)
2015-11-252NOTICE of Change of Address by Houston Byrd. (All non-registered users served via U.S. Mail Service)(skh) (Entered: 11/30/2015)
2015-12-213FIRST AMENDED COMPLAINT against All Defendants, filed by Houston Byrd. (skh) (Entered: 12/22/2015)
2015-12-224Notice of Document Discrepancies and Order Thereon by Judge Gonzalo P. Curiel Accepting Document: Motion for Preliminary Injunction, from Plaintiff Houston Byrd. Non-compliance with local rule(s), Civ. L. Rule 5.1: Missing time and date on motion and/or supporting documentation, Civ. L. Rule 7.1: Lacking memorandum of points and authorities in support as a separate document. Nunc Pro Tunc 12/21/15.(All non-registered users served via U.S. Mail Service)(skh) (Entered: 12/23/2015)
2015-12-225MOTION for Preliminary Injunction by Houston Byrd. Filed nunc pro tunc 12/21/15. (skh) (Entered: 12/23/2015)
2016-01-136Notice of Document Discrepancies and Order Thereon by Judge Gonzalo P. Curiel Accepting Document: Request to Amend Complaint & for Injunction, from Plaintiff Houston Byrd. Non-compliance with local rule(s), Civ. L. Rule 5.1: Missing time and date on motion and/or supporting documentation, Civ. L. Rule 7.1: Lacking memorandum of points and authorities in support as a separate document. Nunc Pro Tunc 1/11/16.(skh) (Entered: 01/13/2016)
2016-01-137MOTION to Amend 3 First Amended Complaint, MOTION for Injunction by Houston Byrd. Filed nunc pro tunc 1/11/16. (skh) (Entered: 01/13/2016)
2016-02-298ORDER DISMISSING Civil Action for Failing to Pay Filing Fee and for Lack of Proper Venue; and Denying Motion for Preliminary Injunction and Motion to Amend Without Prejudice as Moot. The Clerk shall close the file. Signed by Judge Gonzalo P. Curiel on 2/29/16.(All non-registered users served via U.S. Mail Service)(dlg) (Entered: 02/29/2016)
2016-02-299CLERK'S JUDGMENT. The Court dismisses this action sua sponte without prejudice for failing to prepay the $400 civil filing fee, and for lack of proper venue; Denies Plaintiff's Motions for Preliminary Injunction (ECF Doc. No. 5) and Motion to Amend (ECF Doc. No. 7) without prejudice as moot; and Certifies that an IFP appeal from this Order would be frivolous. The Clerk shall close the file.(All non-registered users served via U.S. Mail Service)(dlg) (Entered: 02/29/2016)
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by FOIA Project Staff
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