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Case TitleVelasquez v. Flores et al
DistrictDistrict of Rhode Island
CityProvidence
Case Number1:2022cv00073
Date Filed2022-02-15
Date Closed2022-07-19
JudgeDistrict Judge William E. Smith
PlaintiffDiego Velasquez
Case DescriptionDiego Velasquez filed suit Eliot Viker, an employee of the Rhode Island Department of Health for access to records he thought would show why he could not pay his rent. This is not a FOIA claim.
Complaint issues: FOIA not mentioned

DefendantAngela Mendez Flores Senior Paralegal Specialist
DefendantElliot Viker Acting Director, FOIA Operations
AppealFirst Circuit 22-1252
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Opinion/Order [9]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2022-02-151COMPLAINT, filed by Diego Velasquez. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit, # 3 Exhibit, # 4 Envelope)(Kenny, Meghan) (Entered: 02/15/2022)
2022-02-152MOTION for Leave to Proceed in forma pauperis filed by Diego Velasquez. (Kenny, Meghan) (Entered: 02/15/2022)
2022-02-153CLERKS NOTE: Blank Summons and USM-285 form filed by Plaintiff. (Attachments: # 1 blank USM-285 form) (Kenny, Meghan) (Entered: 02/15/2022)
2022-03-01MOTIONS REFERRED: 2 MOTION for Leave to Proceed in forma pauperis referred for determination to Magistrate Judge Lincoln D. Almond. (Urizandi, Nissheneyra) (Entered: 03/01/2022)
2022-03-304MEMORANDUM AND ORDER Re: 2 Motion for Leave to Proceed in forma pauperis filed by Diego Velasquez. So Ordered by Magistrate Judge Lincoln D. Almond on 3/30/2022. (Leyva, Lucia) (Entered: 03/30/2022)
2022-04-055NOTICE OF APPEAL by Diego Velasquez as to 4 Memorandum and Order NOTICE TO COUNSEL: Counsel should register for a First Circuit CM/ECF Appellate Filer Account at http://pacer.psc.uscourts.gov/cmecf/ . Counsel should also review the First Circuit requirements for electronic filing by visiting the CM/ECF Information section at http://www.ca1.uscourts.gov/cmecf Appeal Record due by 4/12/2022. (Attachments: # 1 Email)(DaCruz, Kayla) (Entered: 04/05/2022)
2022-04-056MOTION for Leave to Proceed in forma pauperis filed by Diego Velasquez. (Attachments: # 1 IFP Signed Page, # 2 Email)(DaCruz, Kayla) (Entered: 04/05/2022)
2022-04-057CLERK'S CERTIFICATE AND APPELLATE COVER SHEET: Abbreviated record on appeal consisting of notice of appeal, order(s) being appealed, and a certified copy of the district court docket report transmitted to the U.S. Court of Appeals for the First Circuit in accordance with 1st Cir. R. 11.0(b). 5 Notice of Appeal,,. (Attachments: # 1 Record on Appeal)(DaCruz, Kayla) (Entered: 04/05/2022)
2022-04-06USCA Case Number 22-1252 for 5 Notice of Appeal,, filed by Diego Velasquez. (DaCruz, Kayla) (Entered: 04/06/2022)
2022-05-02TEXT ORDER denying as moot 6 Motion for Leave to Proceed in forma pauperis. So Ordered by District Judge William E. Smith on 5/2/2022. (Urizandi, Nissheneyra) (Entered: 05/02/2022)
2022-06-078JUDGMENT of the U.S. Court of Appeals for the First Circuit entered as to 5 Notice of Appeal, filed by Diego Velasquez, by David J. Barron, Chief Appellate Judge; Sandra L. Lynch, Appellate Judge and Rogeriee Thompson, Appellate Judge: Upon review of appellant's response to this court's order to show cause, the appeal is dismissed because there is no interlocutory jurisdiction from this non-final order. [22-1252 (Kenny, Meghan) (Entered: 06/07/2022)
2022-06-299REPORT AND RECOMMENDATIONS recommending that this matter be DISMISSED WITHOUT PREJUDICE. 1 Complaint filed by Diego Velasquez. Objections to R&R due by 7/13/2022 . So Ordered by Magistrate Judge Lincoln D. Almond on 6/29/2022. (Noel, Jeannine) (Entered: 06/30/2022)
2022-07-0810OBJECTION to 9 Report and Recommendations filed by Diego Velasquez. (Attachments: # 1 Supplement, # 2 Envelope)(Kenny, Meghan) (Entered: 07/08/2022)
2022-07-19TEXT ORDER accepting and adopting 9 Report and Recommendations in full over Plaintiff's 10 Objection. As Magistrate Judge Almond explained in his Memorandum and Order of March 30, 2022, ECF No. 4 , this case cannot proceed against individual government employees; rather, Plaintiff is required to name the proper federal agency as Defendant. Because Plaintiff has failed to cure this problem, and this Court may not proceed until he does, his Complaint is DISMISSED without prejudice to refiling. So Ordered by District Judge William E. Smith on 7/19/2022. (Urizandi, Nissheneyra) (Entered: 07/19/2022)
2022-07-1911JUDGMENT dismissing this civil action without prejudice to refiling. So Ordered by the Clerk of Court on 7/19/2022. (Urizandi, Nissheneyra) (Entered: 07/19/2022)
2022-08-0112MANDATE of the U.S. Court of Appeals for the First Circuit issued as to and in accordance with 8 Judgment of the U.S. Court of Appeals for the First Circuit. (Kenny, Meghan) (Entered: 08/01/2022)
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