Legal Question in Civil Litigation in California

I am asking about a FOIA complaint that was filed in a district court in the state of California, the plaintiff sought permission to prosecute complaint informa pauperis and was granted informa pauperis status.

However, the court dismissed the complaint without prejudice and instructed plaintiff to correct some deficiencies the court found in the complaint within a certain window period. The plaintiff corrected the deficiencies and filed the amended complaint within the prescribed time.

My question is how long a federal court [normally] has to screen the complaint before it issue its order?

My next question is whether the longer the court takes is a strong indicator that shows that the court is actually taking claims seriously?


Asked on 1/07/11, 12:31 pm

1 Answer from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

It's not clear from your question that the court has any duty to review your complaint or to issue an order. Did you serve the amended complaint on the defendant agency? Did they respond with an answer or a 12(b) motion? No, the court does not take complaints from pro pers seriously unless they know what they are doing. I would like to know why on earth you do not have an attorney since FOIA provides for an award of attorney fees if your lawsuit is successful.

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Answered on 1/12/11, 1:35 pm


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