Kamakeeaina v. City & County of Honolulu et al

Defendant: Jane or John Doe 110, Linda Rivera, Tom Leland, Peter Yamamoto, M.D., Tulia Pula, Malcolm Lee, Tyler Maalo, Nathan Patopoff, William Daubner, Oscar Willis, Randall Rivera, State of Hawaii, City & County of Honolulu, Jodie Maesaka-Hirata and Wesley Mun
Plaintiff: Buddy P. Kamakeeaina
 
Case Number: 1:2011cv00770
Filed: December 19, 2011
 
Court: Hawaii District Court
Office: Hawaii Office
County: Honolulu
Presiding Judge: SUSAN OKI MOLLWAY
Referring Judge: RICHARD L. PUGLISI
 
Nature of Suit: Civil Rights
Cause of Action: 42:1983
Jury Demanded By: Plaintiff

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Date Filed#Document Text
March 29, 2012 12 Featured Case ORDER DISMISSING COMPLAINT PURSUANT TO 28 U.S.C. 1915 re 1 - Signed by CHIEF JUDGE SUSAN OKI MOLLWAY on 3/29/12. ("(1) The Complaint is DISMISSED for failure to state a claim. See 28 U.S.C. § 1915(e)(2)(b) & 1915A(b)(1). Spe cifically, (a) claims against the State of Hawaii and damages claims against Maesaka-Hirata, Mun, Leland, Yamamoto, Pula, Lee, and Linda Rivera in their official capacities are DISMISSED with prejudice ; (b) claims alleged under the ADA and t he Rehabilitation Act and all other claims are dismissed without prejudice. Claims dismissed with prejudice may not be reasserted in an amended complaint. (2) Plaintiff is GRANTED leave to file a proposed amended complaint curing the deficiencies not ed above on or before April 26, 2012. Failure to timely or properly amend the Complaint will result in the AUTOMATIC DISMISSAL of this action for failure to state a claim, and may be counted as strike pursuant to 28 U.S.C. § 1915(g). (3) The Cle rk of Court is directed to mail a form prisonercivil rights complaint to Plaintiff so that he may comply with the directions in this Order. Plaintiff is NOTIFIED that his proposed amended complaint may include NO MORE THAN FIFTEEN additional typewrit ten pages in excess of the court's form.") (emt, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Buddy P. Kamakeeaina served by first class mail at the address of record on March 29, 2012. A prisoner civil rights complaint form with instructions was included in the mailing to Mr. Kamakeeaina.
April 29, 2014 182 Featured Case ORDER GRANTING DEFENDANTS' MOTIONS FOR SUMMARY JUDGMENT 125 , 138 AND DENYING PLAINTIFF'S MOTION FOR PARTIAL SUMMARY JUDGMENT 141 . Signed by JUDGE J. MICHAEL SEABRIGHT on 4/28/2014. Excerpt of Conclusion: ~ "The court declines to exercise supplemental jurisdiction over any remaining state law claims [citation omitted]. The Clerk of Court is DIRECTED to enter judgment and terminate this action." "All pending motions are denie d." [Order follows hearing on motions held March 17, 2014. Minutes of hearing: doc no. 180 . Order furthermore terminates pending motion 180 : "Motion for Time Extension regarding the Pending Receipt of State Defendant Dr. Peter Y. Yamamoto's Court Requested Declaration during the March 17, 2014 hearing." (afc) CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
July 2, 2012 22 Featured Case ORDER DENYING MOTION RE: COMPLIANCE WITH INMATE LEGAL ACTIVITIES POLICIES AND PROCEDURES re 20 - Signed by CHIEF JUDGE SUSAN OKI MOLLWAY on 7/2/12. (emt, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Buddy P. Kamakeeaina served by first class mail at the address of record on July 2, 2012.
July 31, 2012 24 Featured Case ORDER DISMISSING FIRST AMENDED COMPLAINT IN PART AND DIRECTING SERVICE re 18 - Signed by CHIEF JUDGE SUSAN OKI MOLLWAY on 7/31/12. " (1) Based on allegations that he was denied necessary mental health care in vi olation of federal and state law, Plaintiff states a claim against HPD Defendants Tyler Maalo, Nathan Patopoff, William Daubner, Oscar Willis, and Randall Rivera, and DPS Defendants Dr. Leland and Dr. Yamamoto. Service is appropriate for these Defend ants. (2) Plaintiff's remaining claims are DISMISSED WITH PREJUDICE for failure to state a claim. 28 U.S.C. § 1915(e)(2). Specifically, claims against the State of Hawaii, Defendants City and County of Honolulu, Tulia Pula, Wesley Mun, and Jodie Maesaka-Hirata, as well as claims asserted against all Defendants under the Equal Protection Clause, the ADA, and the Rehabilitation Act, are DISMISSED." (3) "By August 21, 2012, Plaintiff shall co mplete the requirements for service of the First Amended Complaint as discussed below. (4) The Clerk of Court is directed to send Plaintiff six 6 summonses, six 6 USM-285 forms, seven 7 Notice of Lawsuit and Request for Waiver of Service for Summons forms (AO 398), seven 7 Waiver of Service of Summons forms (AO 399), with their instruction sheets, and a copy of the endorsed FAC (if he has not already received one)." (emt, )
October 3, 2012 46 Featured Case ORDER DENYING MOTION FOR PRELIMINARY INJUNCTION re 34 - Signed by CHIEF JUDGE SUSAN OKI MOLLWAY on 10/3/12. (emt, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Buddy Kamakeeiana shall be served by first class mail at the address of record on October 4, 2012.
October 29, 2012 50 Featured Case ORDER DENYING MOTION FOR RECONSIDERATION re 49 - Signed by CHIEF JUDGE SUSAN OKI MOLLWAY on 10/29/12. (emt, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Buddy Kamakeeiana served by first class mail at the address of record on October 29, 2012.
March 5, 2013 89 Featured Case ORDER ADOPTING MAGISTRATE JUDGE'S FINDINGS AND RECOMMENDATIONS for 88 - Signed by CHIEF JUDGE SUSAN OKI MOLLWAY on 3/4/13. (emt, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Buddy P. Kamakeeaina served by first class mail at the address of record on March 5, 2013.

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Defendant: Jane or John Doe 110
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Defendant: Linda Rivera
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Defendant: Tom Leland
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Defendant: Peter Yamamoto, M.D.
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Defendant: Tulia Pula
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Defendant: Malcolm Lee
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Defendant: Tyler Maalo
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Defendant: Nathan Patopoff
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Defendant: William Daubner
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Defendant: Oscar Willis
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Defendant: Randall Rivera
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Defendant: State of Hawaii
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Defendant: City & County of Honolulu
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Defendant: Jodie Maesaka-Hirata
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Defendant: Wesley Mun
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Plaintiff: Buddy P. Kamakeeaina
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