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Case TitleRosiere v. United States of America
DistrictDistrict of Hawaii
CityHawaii
Case Number1:2016cv00260
Date Filed2016-05-23
Date Closed2016-06-22
JudgeJUDGE HELEN GILLMOR
PlaintiffShaun Rosiere
Case DescriptionShaun Rosiere submitted a FOIA request to the Department of Justice for records concerning his conviction. After the agency failed to respond, Rosiere filed suit.
Complaint issues: Failure to respond within statutory time limit

DefendantUnited States of America
AppealNinth Circuit 16-16144
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
Complaint attachment 7
Complaint attachment 8
Complaint attachment 9
Complaint attachment 10
Complaint attachment 11
Complaint attachment 12
Complaint attachment 13
Complaint attachment 14
Complaint attachment 15
Complaint attachment 16
Opinion/Order [5]
Opinion/Order [8]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2016-05-231FOIA COMPLAINT FOR RELIEF PURSUANT TO: TITLE 5 U.S.C.§ 552 against United States of America - filed by Shaun Rosiere. Attachments: # 1 Exhibit 7, # 2 Exhibit 8, # 3 Exhibit 9, # 4 Exhibit 10, # 5 Exhibit 11, # 6 Exhibit 12, # 7 Exhibit 13, # 8 Exhibit 14, # 9 Exhibit 15, # 10 Exhibit 16, # 11 Exhibit 17, # 12 Exhibit 18, # 13 Exhibit 19, # 14 Exhibit 20,# 15 Civil Cover Sheet, # 16 Mailing Documentation (emt, ) (Entered: 05/24/2016)
2016-05-232APPLICATION to Proceed in District Court Without Prepaying Fees or Costs - by Petitioner Shaun Rosiere. (emt, ) (Entered: 05/24/2016)
2016-05-243Order Setting Rule 16 Scheduling Conference TO BE SET Before Magistrate Judge Richard L. Puglisi - Signed by CHIEF JUDGE J. MICHAEL SEABRIGHT on 5/24/2016. (Attachments: # 1 Memo from Clerk Re: Corporate Disclosure Statements) (emt, ) CERTIFICATE OF SERVICE Participants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Sean Rosiere served by first class mail at the address of record on May 24, 2016. (Entered: 05/24/2016)
2016-06-014FINDINGS AND RECOMMENDATION THAT THE DISTRICT COURT DISMISS THE COMPLAINT WITHOUT PREJUDICE AND DENY PLAINTIFF'S APPLICATION TO PROCEED WITHOUT PREPAYING FEES OR COSTS re 1 , 2 - Signed by MAGISTRATE JUDGE RICHARD L. PUGLISI on 6/1/2016. "The Court FINDS AND RECOMMENDS that the district court DISMISS Plaintiff's Complaint WITHOUT PREJUDICE and DENY AS MOOT Plaintiff's Application to Proceed Without Prepaying Fees or Costs." (emt, ) CERTIFICATE OF SERVICE Participants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Shaun Rosiere served by first class mail at the address of record on June 1, 2016. (Entered: 06/01/2016)
2016-06-205ORDER ADOPTING MAGISTRATE JUDGE'S FINDINGS AND RECOMMENDATION, AS MODIFIED (ECF NO. 4 ) - Signed by JUDGE HELEN GILLMOR on 6/20/2016. (emt, ) CERTIFICATE OF SERVICE Participants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Shaun Rosiere served by first class mail at the address of record on June 20, 2016. (Entered: 06/20/2016)
2016-06-206CLERK'S JUDGMENT entered on 6/20/2016 pursuant to 4 FINDINGS AND RECOMMENDATION THAT THE DISTRICT COURT DISMISS THE COMPLAINT WITHOUT PREJUDICE AND DENY PLAINTIFF'S APPLICATION TO PROCEED WITHOUT PREPAYING FEES OR COSTS and 5 ORDER ADOPTING MAGISTRATE JUDGE'S FINDINGS AND RECOMMENDATION, AS MODIFIED (ECF NO. 4 ). (emt, ) CERTIFICATE OF SERVICE Participants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Shaun Rosiere served by first class mail at the address of record on June 20, 2016. (Entered: 06/20/2016)
2016-06-207Plaintiff Rosiere's Answer to Doc. 4 - by Shaun Rosiere. (OBJECTION to 4 FINDINGS AND RECOMMENDATION THAT THE DISTRICT COURT DISMISS THE COMPLAINT WITHOUT PREJUDICE AND DENY PLAINTIFF'S APPLICATION TO PROCEED WITHOUT PREPAYING FEES OR COSTS) (Attachments: # 1 Mailing Documentation) (emt, ) (Entered: 06/21/2016)
2016-06-218The Court's ORDER ADOPTING MAGISTRATE JUDGE'S FINDINGS AND RECOMMENDATION, AS MODIFIED (ECF No. 5) REMAINS THE FINAL ORDER. Please refer to attached minutes. The Clerk of Court is ordered to CLOSE THE CASE. (tl, ) CERTIFICATE OF SERVICE Participants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry (Entered: 06/22/2016)
2016-06-229CLERK'S AMENDED JUDGMENT entered on 6/22/2016 pursuant to 4 FINDINGS AND RECOMMENDATION THAT THE DISTRICT COURT DISMISS THE COMPLAINT WITHOUT PREJUDICE AND DENY PLAINTIFF'S APPLICATION TO PROCEED WITHOUT PREPAYING FEES OR COSTS, 5 ORDER ADOPTING MAGISTRATE JUDGE'S FINDINGS AND RECOMMENDATION, AS MODIFIED (ECF NO. 4 ), and 8 Minute Order. (emt, ) CERTIFICATE OF SERVICE Participants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Shaun Rosiere served by first class mail at the address of record on June 22, 2016. (Entered: 06/22/2016)
2016-06-2710NOTICE OF APPEAL re 8 , 9 - by Shaun Rosiere. Filing fee $ DUE. 9CCA NO. 16-16144 (Attachments: # 1 Mailing Documentation) (emt, ) CERTIFICATE OF SERVICE Ninth Circuit Court of Appeals served electronically. (Entered: 06/28/2016)
2016-06-2911USCA Case Number: 9CCA NO. 16-16144 for 10 Notice of Appeal, filed by Shaun Rosiere. (emt, ) (Entered: 06/30/2016)
2016-06-2912USCA TIME SCHEDULE ORDER as to 10 Notice of Appeal, filed by Shaun Rosiere, 9CCA NO. 16-16144. (emt, ) CERTIFICATE OF SERVICE Plaintiff served by Ninth Circuit Court of Appeals. (Entered: 06/30/2016)
2016-06-3013ORDER of USCA as to 10 Notice of Appeal, filed by Shaun Rosiere, 9CCA NO. 16-16144: "A review of the docket reflects that appellant has not paid the docketing and filing fees for this appeal. Within 21 days from the date of this order, appellant shall: (1) file a motion with this court to proceed in forma pauperis; (2) pay $505 to the district court as the docketing and filing fees for this appeal and provide proof of payment to this court; or (3) otherwise show cause why the appeal should not be dismissed for failure to prosecute." (emt, ) CERTIFICATE OF SERVICE Plaintiff served by Ninth Circuit Court of Appeals. (Entered: 06/30/2016)
2016-06-3014Attorney/Pro Se Appeal Packet re 10 Notice of Appeal, 9CCA NO. 16-16144. (Attachments: # 1 Notice of Appeal, # 2 Instructions for Civil Appeals, # 3 Additional Instructions for Transcript Designation and Ordering Form, # 4 Letter Re: Court Reporters, # 5 Transcript Designation and Ordering Form, # 6 Docket Sheet) (emt, ) CERTIFICATE OF SERVICE Shaun Rosiere served by first class mail at the address of record on June 30, 2016. (Entered: 06/30/2016)
2016-09-2115ORDER of USCA as to 10 Notice of Appeal, filed by Shaun Rosiere, 9CCA NO. 16-16144. The motions to proceed in forma pauperis are granted. The opening brief is due November 14, 2016. (emt, ) CERTIFICATE OF SERVICE Plaintiff served by Ninth Circuit Court of Appeals. (Entered: 09/21/2016)
2017-07-0316MEMORANDUM of USCA as to 10 Notice of Appeal, filed by Shaun Rosiere, 9CCA NO. 16-16144: AFFIRMED. (emt, ) CERTIFICATE OF SERVICE Plaintiff served by Ninth Circuit Court of Appeals. (Entered: 07/05/2017)
2018-01-1217ORDER of USCA as to 10 Notice of Appeal, filed by Shaun Rosiere, 9CCA NO. 16-16144: "Rosiere's petition for rehearing en bane (Docket Entry No. 9) is denied. No further filings will be entertained in this closed case." (emt, ) CERTIFICATE OF SERVICE Parties served by the Ninth Circuit Court of Appeals. (Entered: 01/12/2018)
2018-01-2318MANDATE of USCA as to 10 Notice of Appeal, filed by Shaun Rosiere, 9CCA NO. 16-16144. "The judgment of this Court, entered July 03, 2017, takes effect this date. This constitutes the formal mandate of this Court issued pursuant to Rule 41(a) of the Federal Rules of Appellate Procedure." (emt, ) CERTIFICATE OF SERVICE Participants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Shaun Rosiere served by first class mail to the address of record on January 23, 2018. (Entered: 01/23/2018)
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by FOIA Project Staff
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