Rodenhurst vs. State of Hawaii; et al.
| Walter V. Rodenhurst, III |
| State of Hawaii, Kay Bauman, Kenneth Zienkiewicz, Frank J. Lopez, Clayton Frank, Wesley Mun, Doris Robinson, Nolan Uehara, Eric Tanaka, Nathalie Kodama, David Saldana, Carmillo Santiago, Mary Tummenillo, John Ioane, Howard Komori, Burt Santiago, June Tavares, Shari Kimoto, D. Swenson, J. Bradley, B. Griego, Lee Ann Archuleta, V. Vantel, Keesling, Giang Phan, Lane Blair, Anastacio Perez, Phyllis Hansen, Dianne Pierson, Diane Duffy, Patricia Sells, Muhammed Haleem, T. Thomas, Corrections Corporation of America and John and/or Jane Does 1-10 |
| 1:2008cv00396 |
| September 3, 2008 |
| US District Court for the District of Hawaii |
| Prisoner: Civil Rights Office |
| Honolulu |
| LESLIE E KOBAYASHI |
| SUSAN OKI MOLLWAY |
| Plaintiff |
| Federal Question |
| 42:1983 Prisoner Civil Rights |
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The following documents for this case are available for you to view or download:
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Filing
316
ORDER GRANTING IN PART AND DENYING IN PART STATE DEFENDANTS' MOTION TO DISMISS; TRANSFER ORDER 289 - Signed by CHIEF JUDGE SUSAN OKI MOLLWAY on 4/29/10. ("State Defendants' Motion to Dismiss Plaintiff's Civil Rights Complaint for Damages Filed on September 3, 2008, is GRANTED IN PART AND DENIED IN PART, and this action is TRANSFERRED to the United States District Court for the District of Arizona, as follows: 1. Judgment on the pleadings is entered in favor of all State Defendants, with the exception of Defendant Kay Bauman, M.D., in their individual capacities. 2. With respect to Defendant Bauman in her individual capacity, only claims arising after September 3, 2006, remain. 3. Claims for prospective in junctive relief against State Defendants in their official capacities for alleged acts or omissions that occurred while Rodenhurst was incarcerated at OCCC or HCF (prior to his transfer in April 2006) are MOOT. 4. Claims for prospective injunctive r elief against State Defendants in their official capacities for their alleged lack of oversight over Hawaii's inmates, pursuant to the agreement between CCA and the State, and relating to Rodenhurst's ongoing incarceration remain. 5. Claims against CCA Defendants remain for future adjudication. 6. The Clerk of Court is DIRECTED to TRANSFER this action to the United States District Court for the District of Arizona. 7. The parties are directed to contact the Clerk of that court in con nection with pending matters, including briefing deadlines and a hearing schedule relating to CCA Defendants' pending summary judgment motion. Unless otherwise directed by the District of Arizona, the parties should meet existing deadlines." ;) (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). Particip ants not registered to receive electronic notifications shall be served by first class mail on April 30, 2010. A copy of this order shall be served by First Class Mail to Walter V. Rodenhurst, III at the address of record on April 30, 2010.
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Filing
253
ORDER GRANTING PLAINTIFF'S MOTION TO EXTEND TIME TO JOIN PARTIES re 245 - Signed by CHIEF JUDGE SUSAN OKI MOLLWAY on 10/28/09. ( Status Conference set for 11/2/2009 09:15 AM before JUDGE LESLIE E KOBAYASHI. Motion terminated: 245 MOTION to Extend Time to Join Parties filed by Walter V. Rodenhurst, III.) (emt, )
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Filing
240
ORDER DENYING PLAINTIFF'S MOTION FOR INJUNCTIVE RELIEF TO COMPEL CCA AND STATE DEFENDANTS TO MODIFY THEIR POLICY AND PROCEDUCRES REGULATING HANDLING OF PRIVILEGED MAIL DURING THE PENDENCY OF THIS COMPLAINT 236 - Signed by CHIEF JUDGE SUSAN OKI MOLLWAY on 9/25/09. (emt, )
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Filing
229
ORDER DISMISSING THE STATE OF HAWAII AND DENYING DEFENDANTS' MOTION TO DISMISS FOR FAILURE TO EXHAUST ADMINISTRATIVE REMEDIES 200 , 216 , 223 - Signed by CHIEF JUDGE SUSAN OKI MOLLWAY on 7/30/09. (Rodenhurst's claims agains t the State of Hawaii are dismissed. Rodenhurst's damage claims against the individual Hawaii Defendants in their official capacities are also dismissed. This order does not affect claims for prospective injunctive relief to the extent such claims are asserted, or claims against the individual Hawaii Defendants in their individual capacities. IT IS HEREBY ORDERED that: 1. The court sua sponte DISMISSES the State of Hawaii and DISMISSES damage claims against the individual Hawai i Defendants in their official capacities. 2. CCA Defendants' Motion to Dismiss For Failure to Comply with the Prisoner Litigation Reform Act is DENIED. This Order also disposes of State Defendants joinder, as well as the joinder by Defendants Archuleta and Phan.) (emt, ) Modified on 7/30/2009 (emt, ).
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Filing
176
ORDER DENYING PLAINTIFF'S MOTION FOR INJUNCTIVE RELIEF 100 - Signed by JUDGE SUSAN OKI MOLLWAY on 3/20/09. (emt, )
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Filing
149
ORDER ADOPTING FINDINGS AND RECOMMENDATION THAT DEFENDANTS' MOTION TO TRANSFER VENUE AND STAY PROCEEDINGS BE DENIED 109 ; 121 ; 143 - Signed by JUDGE SUSAN OKI MOLLWAY on 2/13/09. (emt, )
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Filing
145
ORDER DENYING PLAINTIFF'S MOTION FOR DEFAULT 129 - Signed by JUDGE LESLIE E KOBAYASHI on 2/10/09. (emt, )
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Filing
116
ORDER TO SHOW CAUSE - Signed by JUDGE SUSAN OKI MOLLWAY on 1/8/09. ( As it appears that Plaintiff's Complaint fails to establish an Eighth Amendment violation, Plaintiff is HEREBY ORDERED to show cause, in writing, by January 28, 2009, why this action should not be dismissed for failure to state a claim. Plaintiff is notified that failure to respond to this Order may result in automatic dismissal of this action with prejudice. Show Cause Hearing set for 2/3 /2009 09:00 AM before JUDGE SUSAN OKI MOLLWAY; 100 MOTION for Injunctive Relief and/or Release from Custody and 101 Petition Requesting Leave to Limit Service of Motion for Injunctive Relief continued to 2/3/2009 09:00 AM before JUDGE SUSAN OKI MOLLWAY.) (emt, )
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Filing
109
FINDINGS AND RECOMMENDATION TO DENY DEFENDANTS' MOTION TO TRANSFER VENUE AND STAY PROCEEDINGS 95 ; 96 - Signed by JUDGE LESLIE E KOBAYASHI on 1/5/09. Objections to F&R due by 1/20/2009(emt, )
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