Burns v. Shores et al
| Nicholas Donald Burns |
| Kenneth Walker and Shores |
| 1:2013cv00122 |
| March 13, 2013 |
| US District Court for the District of Hawaii |
| Hawaii Office |
| Honolulu |
| LESLIE E. KOBAYASHI |
| BARRY M. KURREN |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| None |
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Filing
14
ORDER DISMISSING FIRST AMENDED COMPLAINT IN PART re 10 . Signed by JUDGE DERRICK K. WATSON on 07/22/2013. (eps) -- The First Amended Complaint is DISMISSED IN PART for Plaintiff's failure to state a claim pursuant to 28 U.S.C. §§ 1915(e)(2) and 1915A(a). Specifically, Plaintiff's claims against Defendant ACO Pasamonte are DISMISSED with prejudice. Plaintiff's claims against Defendant ACO Shores for assault and retaliation state a claim and sh all proceed. 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
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Filing
5
ORDER DISMISSING COMPLAINT IN PART PURSUANT TO 28 U.S.C. §§ 1915A & 1915 re: 1 . Signed by JUDGE LESLIE E. KOBAYASHI on 4/9/2013. Excerpt of conclusion: ~ "Plaintiff's claims again st Defendants Pasamonte, Mulleitner, and Walker in Counts II and III are DISMISSED. Plaintiff's retaliation claim against Defendant ACO Shores in Count I is also DISMISSED. Plaintiff's Eighth Amendment claim in Count I, alleging that Def endant ACO Shores assaulted him states a claim and may proceed." "Plaintiff is granted leave to file an amended complaint on or before May 7, 2013, in compliance with this Order. In the alternative, Plaintiff may elect to stand on his E ighth Amendment claims against Defendant ACO Shores as presented in Count I...." ~ (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. Plaintiff will be served by First Class Mail on April 9, 2013 with a copy of the instant order and the Prisoner Civil Rights Complaint form with its instructions.
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