Case Detail

FOIA Project Annotation: A federal court in California has dismissed prisoner Gary Fisher's FOIA request to the FBI for records about himself and several Hell's Angels' chapters with which he was associated after finding that Fisher's complaint did not allege that the agency improperly responded to his requests. In dismissing Fisher's suit, the court noted that "Plaintiff's First Amended Complaint is vague, as it does not provide much detail regarding when his FOIA request was sent, where he sent his request, what specific information was sought in the request, what response Plaintiff received, or how the response was improper. Notably, Plaintiff does not allege that any documents were actually withheld by the FBI." The court added that "at most, Plaintiff alleged that the FBI lost the records sought by Plaintiff. If that is the case, Plaintiff has no basis to seek an injunction in this Court. This Court cannot enjoin the FBI to produce records that it has lost." The court observed that "Plaintiff was previously informed of the deficiencies in his claims and Plaintiff's amended complaint failed to cure those deficiencies. Accordingly, the Court finds that Plaintiff's FOIA claims cannot possibly be cured by the allegation of other facts. Plaintiff's claims will be dismissed without leave to amend."
Issues: Litigation - Jurisdiction - Failure to State a Claim

Date Filed	Doc #	Docket Text
2013-03-07	1	PRISONER CIVIL RIGHTS COMPLAINT against Federal Bureau of Investigation by Gary Dale Barger.(Lundstrom, T) (Entered: 03/21/2013)
2013-03-21	2	PRISONER NEW CASE DOCUMENTS and ORDER RE CONSENT ISSUED; Consent or Decline due by 4/25/2013. (Attachments: # 1 Order re Consent) (Lundstrom, T) (Entered: 03/21/2013)
2013-03-21		SERVICE BY MAIL: 1 Prisoner Civil Rights Complaint, 2 Prisoner New Case Documents for Magistrate Judge as Presider served on Gary Dale Barger. (Lundstrom, T) (Entered: 03/21/2013)
2013-03-22	3	ORDER DIRECTING CLERKS OFFICE TO RE-DESIGNATE ACTION FROM 550 (CONDITIONS OF CONFINEMENT) TO 895 (FREEDOM OF INFORMATION ACT) AND VACATING FIRST INFORMATIONAL ORDER re 1 , 2 signed by Magistrate Judge Sheila K. Oberto on 3/22/2013. (Lundstrom, T) (Entered: 03/22/2013)
2013-03-22	5	CLERK'S NOTICE (Text Only Entry): This has been re-designated and assigned to District Judge Lawrence J. O'Neill and Magistrate Judge Stanley A Boone. The New Case Number is 1:13-cv-00414-LJO-SAB-(PS). (Lundstrom, T) (Entered: 03/22/2013)
2013-03-22		SERVICE BY MAIL: 3 Order, 5 Clerk's Notice served on Gary Dale Barger. (Lundstrom, T) (Entered: 03/22/2013)
2013-04-09		MAIL RETURNED as Undeliverable, Name & ID Number Do Not Match: 3 Order, 5 Clerk's Notice of Docket Correction sent to Gary Dale Barger, CDC#F-85263, Corcoran State Prison, P.O. Box 3461, Corcoran, CA 93212-3461. Notice of Change of Address due by 6/17/2013.(Lundstrom, T) (Entered: 04/09/2013)
2013-04-09	6	ORDER DISMISSING COMPLAINT WITH LEAVE TO AMEND and REQUIRING Plaintiff to pay filing fee or to file an IFP Application signed by Magistrate Judge Stanley A Boone on 4/8/2013. (Amended Complaint and Motion for IFP due by 5/13/2013). (Attachments: # 1 IFP Application)(Lundstrom, T) (Entered: 04/09/2013)
2013-04-09		SERVICE BY MAIL: 6 Order served on Gary Dale Barger. (Lundstrom, T) (Entered: 04/09/2013)
2013-05-01		MAIL RETURNED as Undeliverable, "Name & Prison ID# Do Not Match": 6 Order Dismissing Case with Leave to Amend, Set/Reset Deadlines and Hearings,, sent to Gary Dale Barger, F-85263, California State Prison, Corcoran, P.O. Box 3461, Corcoran, CA 93212-3461. Notice of Change of Address due by 7/8/2013. (Fahrney, E) (Entered: 05/02/2013)
2013-05-03		SERVICE BY MAIL: 3 Order, 6 Order Dismissing Case with Leave to Amend, Set/Reset Deadlines and Hearings,, 2 Prisoner New Case Documents for Magistrate Judge as Presider served on Gary Francis Fisher. (Fahrney, E) (Entered: 05/03/2013)
2013-05-06	7	ORDER Correcting Plaintiff's Name on Docket, signed by Magistrate Judge Stanley A Boone on 5/3/13: The Clerk of Court to correct the docket and update the Court's records to change Plaintiff's name from "Gary Dale Barger" to "Gary Francis Fisher" . (Hellings, J) (Entered: 05/06/2013)
2013-05-06		SERVICE BY MAIL: 7 Order, served on Gary Francis Fisher. (Hellings, J) (Entered: 05/06/2013)
2013-05-15	8	MOTION for EXTENSION OF TIME to Submit Trust Statement and Amend Complaint by Gary Francis Fisher. (Sant Agata, S) (Entered: 05/15/2013)
2013-05-15	9	CONSENT to JURISDICTION of US MAGISTRATE JUDGE by Gary Francis Fisher. (Sant Agata, S) (Entered: 05/15/2013)
2013-05-15	10	NOTICE of CHANGE of ADDRESS to Pelican Bay State Prison, PO Box 7000, Crescent City, CA 95332 by Gary Francis Fisher. (Sant Agata, S) (Entered: 05/15/2013)
2013-05-16	11	ORDER PARTIALLY GRANTING 8 Motion for Extension of Time; Thirty (30) Day Deadline signed by Magistrate Judge Stanley A Boone on 5/16/2013. (Sant Agata, S) (Entered: 05/16/2013)
2013-05-16		SERVICE BY MAIL: 11 Order on Motion for Extension served on Gary Francis Fisher. (Sant Agata, S) (Entered: 05/16/2013)
2013-06-03	12	NOTICE of CHANGE of ADDRESS to Pelican Bay State Prison, P.O. Box 7500, Crescent City, CA 95532 by Gary Francis Fisher. (Fahrney, E) (Entered: 06/05/2013)
2013-06-05	13	FIRST AMENDED PRISONER CIVIL RIGHTS COMPLAINT against Robert S. Muellar, II, David M. Hardy, by Gary Francis Fisher.(Fahrney, E) (Entered: 06/06/2013)
2013-06-05	14	MOTION to PROCEED IN FORMA PAUPERIS by Gary Francis Fisher. (Fahrney, E) (Entered: 06/06/2013)
2013-06-12	15	PRISONER TRUST FUND ACCOUNT STATEMENT by Gary Francis Fisher (Fahrney, E) (Entered: 06/14/2013)
2013-06-17	16	ORDER GRANTING 14 Motion to Proceed IFP signed by Magistrate Judge Stanley A Boone on 6/17/2013. (Attachments: # 1 IFP Motion). (Jessen, A) (Entered: 06/17/2013)
2013-06-17	17	FINDINGS and RECOMMENDATIONS recommending that Plaintiff's First Amended Complaint (Doc. 13 ) be Dismissed Without Leave to Amend, signed by Magistrate Judge Stanley A Boone on 6/17/2013. Referred to Judge O'Neill. Objections to F&R due within thirty (30) days . (Jessen, A) (Entered: 06/17/2013)
2013-06-17		SERVICE BY MAIL: 16 Order on Motion to Proceed in forma pauperis, 17 Findings and Recommendations served on Gary Francis Fisher. (Jessen, A) (Entered: 06/17/2013)
2013-06-17	18	Notice of Motion and MOTION to be Heard by Gary Francis Fisher. (Jessen, A) (Entered: 06/18/2013)
2013-07-26	19	ORDER ADOPTING FINDINGS AND RECOMMENDATIONS 17 , signed by District Judge Lawrence J. O'Neill on 7/26/13: Plaintiff's First Amended Complaint is DISMISSED, without leave to amend; All outstanding motions are DENIED as moot; and The Clerk of the Court is directed to CLOSE this case . (CASE CLOSED)(Hellings, J) (Entered: 07/26/2013)
2013-07-26	20	JUDGMENT dated *7/26/13* pursuant to order signed by District Judge Lawrence J. O'Neill on 7/26/13. (Hellings, J) (Entered: 07/26/2013)
2013-07-26		SERVICE BY MAIL: 19 Order Adopting Findings and Recommendations, 20 Judgment served on Gary Francis Fisher. (Hellings, J) (Entered: 07/26/2013)
Hide Docket Events