Allen v. Sequeira et al
| John Allen |
| Francis Sequeira and Gary Kaplan |
| 1:2015cv00152 |
| April 29, 2015 |
| US District Court for the District of Hawaii |
| Hawaii Office |
| Honolulu |
| RICHARD L. PUGLISI |
| DERRICK K. WATSON |
| Civil Rights |
| 42 U.S.C. ยง 1983 |
| None |
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Filing
7
ORDER DISMISSING COMPLAINT WITH LEAVE TO AMEND PURSUANT TO 28 U.S.C. §§ 1915(e)(2) & 1915A re 1 . Signed by JUDGE DERRICK K. WATSON on 5/7/2015. ~ (1) The Complaint is DISMISSED in its entirety for failure to state a claim. Specifically, Plaintiff's § 1983 claims against Kaplan and Sequeira in their individual capacities, as alleged under the Eighth and Fourteenth Amendments, are DISMISSED without prejudice and with leave to amend. Plaintiff's & #167; 1983 claims for damages against Kaplan and Sequeira in their official capacities are DISMISSED with prejudice. Plaintiffs ADA claims against Kaplan and Sequeira in their official capacities are DISMISSED without prejudice and with leave to amend. Plaintiff'sADA claims against Kaplan and Sequeira in their individual capacities are DISMISSED with prejudice. (2) Plaintiff may file an amended complaint curing the deficiencies noted above on or before June 8, 2015. Failure to timely a mend the Complaint and cure its pleading deficiencies may result in DISMISSAL of this action for failure to state a claim, and may later be counted as a strike pursuant to 28 U.S.C. § 1915(g). (3) The Clerk of Court is directed to mail Plaintif f a form prisoner civil rights complaint to assist him in complying with the directions in this Order. (ecs, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this do cument electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). A copy of this Order/NEF including a Prisoner civil rights complaint form will be served to John Allen A0116769/Halawa Correctional Facility/99-902 Moanalua Road/Aiea, HI. 96701.
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