Hirakawa v. Frank et al
| Mason Harold Hirakawa |
| Clayton Frank and Albert Tufono |
| 1:2010cv00074 |
| February 12, 2010 |
| US District Court for the District of Hawaii |
| Hawaii Office |
| Honolulu |
| KEVIN S.C. CHANG |
| DAVID ALAN EZRA |
| Civil Rights: Other |
| 28 U.S.C. ยง 1331 Federal Question: Other Civil Rights |
| Plaintiff |
Follow case documents by RSS
Available Case Documents
The following documents for this case are available for you to view or download:
| Document Text |
|---|
Filing
6
ORDER: (1) ADOPTING IN PART AND MODIFYING IN PART THE MAGISTRATE JUDGE'S FINDINGS AND RECOMMENDATION TO DENY PLAINTIFF'S APPLICATION TO PROCEED IN FORMA PAUPERIS AND DISMISS PLAINTIFF'S COMPLAINT WITHOUT PREJUDICE 4 ; AND (2) DENYING PLAINTIFF'S OBJECTIONS TO THE FINDINGS AND RECOMMENDATION 5 . ~ All claims against Defendant Albert Tufono are dismissed with prejudice. Plaintiff's Complaint against Defendant Clayton Frank are dismissed without prejudice because Plaintif f's claims are deficient and cannot be cured by amendment at this time. However, in light of Plaintiff's pending appeal of his petition for habeas corpus before the Ninth Circuit [CV 08-00486-SOM-KSC/9CCA No. 09-15574], Plaintiff's cla ims against Defendant Clayton Frank are dismissed without prejudice. Should the Ninth Circuit grant Plaintiff's writ of habeas corpus and his conviction be vacated, Plaintiff may, at that time, file a motion for leave to file an amended complain t. All claims against Defendant Albert Tufono are dismissed. Clerk of court is directed to enter judgment in favor of Albert Tufuno. ~ Signed by JUDGE DAVID ALAN EZRA on 3/24/2010. (afc)CERTIFICATE OF SERVICEPartici pants 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
|
|
Filing
4
FINDINGS AND RECOMMENDATION TO DISMISS THE COMPLAINT AND ORDER DENYING PLAINTIFF'S 3 APPLICATION TO PROCEED IN FORMA PAUPERIS: "In accordance with the foregoing, IT IS HEREBY FOUND AND RECOMMENDED that the Complaint and this action be DISMISSED WITHOUT PREJUDICE and HEREBY ORDERED that Plaintiff's Application to Proceed In Forma Pauperis, filed February 12, 2010, be DENIED.The parties are advised that any objection to this Findings and Recommendation is due seventeen (17) cal endar days after being served with a copy of thisFindings and Recommendation...." Signed by Magistrate JUDGE KEVIN S.C. CHANG on February 17, 2010. (bbb, )CERTIFICATE OF SERVICEParticipants registered to re ceive 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
|
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Hawaii District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
