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Case TitleRosiere v. USA
DistrictDistrict of Colorado
CityDenver
Case Number1:2016cv00143
Date Filed2016-01-19
Date Closed2016-03-16
JudgeJudge Lewis T. Babcock
PlaintiffShaun Rosiere
Case DescriptionShaun Rosiere submitted a number of FOIA requests to the Department of Justice for records concerning his criminal case. He apparently did not hear from the agency on any of his requests. He then filed suit.
Complaint issues: Failure to respond within statutory time limit

DefendantUSA
Documents
Docket
Complaint
Complaint attachment 1
Opinion/Order [11]
FOIA Project Annotation: A federal court in Colorado has dismissed Shaun Rosiere's FOIA suit because it identical to ones who filed in the District of New Jersey and the District of Nevada. In dismissing the case, the court noted that "Mr. Rosiere's claims in this action are duplicative of his claims in the other pending actions. Although the FOIA requests at issue were dated two days apart from the other cases, the requests in all other respects are identical. The requested relief of obtaining the relevant documents is identical to the other cases. Therefore, the claims, parties, and relief being sought do not differ significantly between the two actions and Mr. Rosiere may not pursue the same claims simultaneously in multiple cases. To allow otherwise would permit a party to file an unlimited number of identical FOIA requests on separate days and then file an unlimited number of federal lawsuits regarding the requests. Such an abuse of the federal system is not allowed."
Issues: Litigation - Jurisdiction - Failure to Exhaust
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text
2016-01-191COMPLAINT for Relief Pursuant to: Title 5 U.S.C. § 552 against USA, filed by Shaun Rosiere. (Attachments: # 1 Envelope)(sphil, ) (Entered: 01/20/2016)
2016-01-192Application to Proceed In Forma Pauperis by Petitioner Shaun Rosiere. (sphil, ) (Entered: 01/20/2016)
2016-01-203Case assigned to Magistrate Judge Gordon P. Gallagher. Text Only Entry (sphil, ) (Entered: 01/20/2016)
2016-01-214ORDER DIRECTING PLAINTIFF TO CURE DEFICIENCIES by Magistrate Judge Gordon P. Gallagher on 1/21/16. (dkals, ) (Entered: 01/21/2016)
2016-02-025[AMENDED] COMPLAINT against USA filed by Shaun Rosiere.(dkals, ) (Entered: 02/03/2016)
2016-02-026MOTION and Affidavit for Leave to Proceed Under 28 U.S.C. 1915 by Petitioner Shaun Rosiere. (dkals, ) (Entered: 02/03/2016)
2016-02-257ORDER TO SHOW CAUSE by Magistrate Judge Gordon P. Gallagher on 2/25/16. (dkals, ) (Entered: 02/25/2016)
2016-03-038RESPONSE TO 7 ORDER TO SHOW CAUSE by Petitioner Shaun Rosiere. (dkals, ) (Entered: 03/04/2016)
2016-03-039Complaint against Conduct by Petitioner Shaun Rosiere (dkals, ) (Entered: 03/04/2016)
2016-03-1410ORDER granting 6 Application to Proceed in District Court Without Prepaying Fees or Costs by Magistrate Judge Gordon P. Gallagher on 3/14/16.(dkals, ) (Entered: 03/14/2016)
2016-03-1611ORDER dismissing this action, and denying leave to proceed in forma pauperis on appeal, by Judge Lewis T. Babcock on 3/16/16. (dkals, ) (Entered: 03/16/2016)
2016-03-1612JUDGMENT pursuant to 11 Order by Clerk on 3/16/16. (dkals, ) (Entered: 03/16/2016)
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by FOIA Project Staff
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