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Case TitleMondaca v. Executive United States Attorney's Office
DistrictSouthern District of California
CitySan Diego
Case Number3:2018cv02755
Date Filed2018-12-03
Date Closed2019-05-29
JudgeJudge Dana M. Sabraw
PlaintiffJesus Antonio Mondaca
Case DescriptionJesus Antonio Mondaca, a federal prisoner, submitted a FOIA request to the Executive Office for U.S. Attorneys for records identifying third parties who appeared before the grand jury that indicted him. The agency acknowledged receipt of the request and issued a Glomar response neither confirming nor denying the existence of records. Mondaca filed an administrative appeal with the Office of Information Policy. After hearing nothing further from the agency, Mondaca filed suit.
Complaint issues: Failure to respond within statutory time limit

DefendantExecutive United States Attorney's Office
Documents
Docket
Complaint
Complaint attachment 1
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2018-12-031COMPLAINT against Executive United States Attorney's Office, filed by Jesus Antonio Mondaca. (Filing fee $ 400; fee not paid; IFP not filed.) (Attachments: # 1 Civil Cover Sheet) The new case number is 3:18-cv-2755-DMS-WVG. Judge Dana M. Sabraw and Magistrate Judge William V. Gallo are assigned to the case.[ Case in Screening per 28 USC 1915 ] (dsn) (jao). (Entered: 12/07/2018)
2019-01-282ORDER DISMISSING CIVIL ACTION for Failure to Pay Filing Fees Required by 28 U.S.C. § 1914(a). The Court DISMISSES this civil action without prejudice based on Plaintiff's failure to pay the $400 civil filing and administrative fee or to submit a Motion to Proceed IFP pursuant to 28 U.S.C. §§ 1914(a) and 1915(a); GRANTS Plaintiff forty-five (45) days leave from the date this Order is filed to: (a) prepay the entire $400 civil filing and administrative fee in full; or (b) complete and file a Motion to Proceed IFP which includes a certified copy of his prison trust account statements for the 6-month period preceding the filing of his Complaint. If Plaintiff fails to either prepay the $400 civil filing fee or fully complete and submit the enclosed Motion to Proceed IFP within 45 days, this action will remain dismissed without prejudice based on his failure to satisfy 28 U.S.C. § 1914(a)'s fee requirement and without further Order of the Court. Signed by Judge Dana M. Sabraw on 1/25/2019.(All non-registered users served via U.S. Mail Service)(IFP Motion form mailed to Plaintiff)(aef) (sjt). (Entered: 01/28/2019)
2019-02-253MOTION for Leave to Proceed in forma pauperis by Jesus Antonio Mondaca. (jms) (Entered: 02/26/2019)
2019-05-034ORDER Granting 3 Motion for Leave to Proceed in Forma Pauperis. US Marshal shall effect service of complaint. The Secretary CDCR, or his designee, is ordered to collect from prison trust account the $350 balance of the filing fee owed in this case by collecting monthly payments from the trust account in an amount equal to 20% of the preceding month income credited to the account and forward payments to the Clerk of the Court each time the amount in the account exceeds $10 in accordance with 28 USC 1915(b)(2). (Order electronically transmitted to Secretary of CDCR). Signed by Judge Dana M. Sabraw on 5/3/2019. Copy of order sent to FCI Sheridan Warden via U.S. mail. (All non-registered users served via U.S. Mail Service) (Certified Copy to USM) (acc) (Entered: 05/03/2019)
2019-05-035Summons Issued. Counsel receiving this notice electronically should print this summons and serve it in accordance with Rule 4, Fed.R.Civ.P and LR 4.1. (Attachments: # 1 IFP Letter)(acc) (Entered: 05/03/2019)
2019-05-226Notice of Document Discrepancies and Order Thereon by Judge Dana M. Sabraw Accepting Document: Letter to the Clerk (requesting Dismissal), from Plaintiff Jesus Antonio Mondaca. Non-compliance with local rule(s), OTHER: Civ.L.Rule 77.2: Letter requesting orders not specified as grantable by Clerk. Nunc Pro Tunc 5/17/2019. Signed by Judge Dana M. Sabraw on 5/22/2019.(All non-registered users served via U.S. Mail Service)(aef) (Entered: 05/23/2019)
2019-05-227Letter to the Clerk (requesting Dismissal), by Jesus Antonio Mondaca. Nunc Pro Tunc 5/17/2019. (aef) (Entered: 05/23/2019)
2019-05-298ORDER Granting 7 Voluntary Dismissal. Plaintiff's request for voluntary dismissal is granted, without prejudice. Signed by Judge Dana M. Sabraw on 5/29/2019. (All non-registered users served via U.S. Mail Service)(aef) (sjt). (Entered: 05/29/2019)
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by FOIA Project Staff
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