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Case TitleOsvaldo Rosa v. United States of America
DistrictCentral District of California
CityWestern Division - Los Angeles
Case Number2:2015cv01740
Date Filed2015-03-10
Date Closed2016-09-23
JudgeJudge Dean D. Pregerson
PlaintiffOsvaldo Rosa
Case DescriptionOsvaldo Rosa, a federal prisoner, submitted a FOIA request to the Bureau of Prisons concerning transcripts for his email correspondence to several email accounts. The agency located 344 pages and told Rosa that he would need to pay $29. Rosa alleged that he paid the fee, but BOP contended it had not received payment. Rosa then filed suit.
Complaint issues: Litigation - Jurisdiction - Failure to Exhaust, Fees - Advance Payment

DefendantUnited States of America
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Opinion/Order [11]
Opinion/Order [15]
Opinion/Order [21]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2015-03-10LODGED MOTION TO COMPEL sought to be filed by Petitioner Osvaldo Rosa. (rn) (Entered: 03/12/2015)
2015-03-101NOTICE RE: DISCREPANCIES WITH LODGING OF COMPLAINT mailed to Petitioner Osvaldo Rosa. Upon submission of your complaint it was noted that you did not pay the appropriate filing fee. If you are unable to pay the entire filing fee at this time, you must sign and complete the CV 60p form attached. If you do not respond within 30 days of the date of this letter your action will be dismissed. Re Lodged Motion (Attachments: # 1 Lodged Motion, # 2 CV 60p) (rn) (Entered: 03/12/2015)
2015-05-112VACATED PURSUANT TO COURT ORDER DATED 6/22/15, DOCUMENT 4 . ORDER OF DISMISSAL by Chief District Judge George H. King: This case is hereby ORDERED DISMISSED. No further filings shall be accepted under this case number. (Please see attached document for details.) (Made JS-6. Case Terminated.) (dgon) Modified on 6/23/2015 (bm). (Entered: 05/12/2015)
2015-06-093REQUEST for Reconsideration of Order of Dismissal filed by petitioner Osvaldo Rosa. (bm) (Entered: 06/23/2015)
2015-06-224MINUTES (IN CHAMBERS) re: Motion for Reconsideration of Dismissal by Judge George H. King granting 3 MOTION for Reconsideration: In his Motion, Petitioner represents that he never received the March 10, 2015 Clerk's notice and asks the Court to set aside the dismissal of his action and allow him the opportunity to ameliorate the deficiency identified in the Clerk's notice. (See Mot.) We conclude that Petitioner has shown good cause for his failure to respond to the Clerk's notice. We hereby grant the Motion and vacate our May 11, 2015 Order of Dismissal. Petitioner shall either submit the required filing fee or an IFP application no later than July 31, 2015. We warn Petitioner that if he does not respond by July 31, 2015, we are inclined to dismiss this action. (see document for further details) (bm) (Entered: 06/23/2015)
2015-08-065[MOTION TO COMPEL] COMPLAINT against Respondent United States of America. Case assigned to Judge Dean D. Pregerson for all further proceedings. Discovery referred to Magistrate Judge Frederick F. Mumm., filed by Petitioner Osvaldo Rosa. (et) (Entered: 08/06/2015)
2015-08-066MOTION AND DECLARATION Under Penalty of Perjury in Support of Motion to Proceed in Forma Pauperis filed by Petitioner Osvaldo Rosa. (et) (Entered: 08/06/2015)
2015-08-067NOTICE OF ASSIGNMENT to District Judge Dean D. Pregerson and Magistrate Judge Frederick F. Mumm. (et) (Entered: 08/06/2015)
2015-08-068NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (et) (Entered: 08/06/2015)
2015-08-079ORDER RE REQUEST TO PROCEED WITHOUT PREPAYMENT OF FILING FEES by Magistrate Judge Frederick F. Mumm: granting 6 MOTION for Leave to Proceed without Prepayment of Filing Fee. It is further ORDERED that the prisoner-plaintiff owes the Court the initial filing fee of $350.00. An initial partial filing fee of $6 must be paid within 30 days of the date of this order. Thereafter, monthly payments shall be forwarded to the Court in accordance with this order. (jm) (Entered: 08/10/2015)
2015-09-2310NOTICE OF COMPLIANCE WITH THE COURT'S NOTICE TO PARTIES OF COURT DIRECTED ADR PROGRAM; NOTICE OF REQUEST TO SETTTLE; OFFER OF OF SETTLEMENT; filed by petitioner Osvaldo Rosa. (LATE DOCKETING DUE TO CLERK'S OFFICE ERROR). (lc) (Entered: 04/11/2016)
2016-04-1411ORDER TO SHOW CAUSE RE: STATUS UPDATE by Judge Dean D. Pregerson: Pursuant to Plaintiffs most recent filing, Notice of Compliance with Courts Notice to Parties of Court Directed ADR Program, Notice of Request to Settle, and Offer of Settlement (Dkt. No. 10), the Court hereby orders the Government to providethe Court with an update on the status of this case. The Government is required to file a written status report within fourteen days from the date of this Order. (lc) (Entered: 04/15/2016)
2016-06-1012MOTION FOR ATTORNEY FEES AND COSTS PURSUANT TO FRCP RULE 55 filed by plaintiff Osvaldo Rosa. (lc) (Entered: 06/15/2016)
2016-06-2313STATUS REPORT filed by Respondent United States of America. (Attachments: # 1 Proof of Service)(Axe, Jason) (Entered: 06/23/2016)
2016-07-1114NOTICE OF STATUS OF EMERGENCY LOCKDOWN OF PLAINTIFF filed by plaintiff Osvaldo Rosa. (lc) (Entered: 07/15/2016)
2016-08-0815ORDER TO SHOW CAUSE WHY THIS ACTION SHOULD NOT BE DISMISSED by Judge Dean D. Pregerson: On June 23, 2016, Defendants submitted a status report informing the court that the United States is not a proper party to a FOIA action. Accordingly, the court hereby orders the parties to file cross-briefs, not to exceed ten pages, whether this case should not be dismissed. Such briefs shall be filed within forty five days from the date of this Order. Plaintiffs failure to file a brief will result in the dismissal of this action. (lc). Modified on 8/8/2016 (lc). (Entered: 08/08/2016)
2016-09-1920MOTION TO JOIN PARTY OF REAL INTEREST filed by plaintiff Osvaldo Rosa. (lc) (Entered: 09/29/2016)
2016-09-2216RESPONSE filed by Respondent United States of Americato Order to Show Cause,, 15 (Attachments: # 1 POS)(Axe, Jason) (Entered: 09/22/2016)
2016-09-2317ORDER OF DISMISSAL by Judge Dean D. Pregerson: Action dismissed withoutprejudice for lack of prosecution and for failure to comply with the orders of the Court, pursuant to Federal Rule of Civil Procedures. (Made JS-6. Case Terminated.) (lc) (Entered: 09/23/2016)
2016-09-2318NOTICE OF CLERICAL ERROR: Due to clerical error Re: Order[ of dismissal 17 The order was filed in error. (lc) (Entered: 09/23/2016)
2016-09-2319MINUTE ORDER IN CHAMBERS by Judge Dean D. Pregerson:THE COURT having ordered the Plaintiff to show cause in writing, not later than forty five (45) days from the date of the order, why this action should not be dismissed for failure to name a valid defendant under 5 U.S.C. § 552(a)(4)(B), and Plaintiff having failed to respond, THE COURT ORDERS that this action be, and hereby is, dismissed with prejudice. (lc) Modified on 9/29/2016 (lc). (VACATED PER ORDER OF 9/29/19 SEE DOCKET NO. 21 ) (Entered: 09/23/2016)
2016-09-2921ORDER DENYING PLAINTIFFS MOTION TO JOIN REAL PARTY OF INTEREST AND DISMISSING CASE 20 by Judge Dean D. Pregerson: On September 23, one day after the deadline, the court issued an Order dismissing the action with prejudice for failure to comply with the courts August 8 Order. (Dkt. 17.) However, it now appears that Plaintiff timely submitted a response to the courts August 8 Orderbut the court did not receive the response until after the deadlinedue to a clerical error. (See Dkt. 20.) Accordingly, the court VACATES its September 23, 2016 dismissing the action. (See Dkt. 19.) Having reviewed Plaintiffs response, entitled Plaintiffs Motion to Join Party of Real Interest, the court concludes that the action must nonetheless be DISMISSED. (lc). Modified on 9/29/2016. (lc). (Entered: 09/29/2016)
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by FOIA Project Staff
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