Morris v. Sakai et al
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|Date Filed||#||Document Text|
|March 28, 2013
DISMISSAL ORDER - Signed by CHIEF JUDGE SUSAN OKI MOLLWAY on 3/28/13. "Rule 41(b) of the Federal Rules of Civil Procedure provides that a dismissal for failure to prosecute operates as an adjudication on the merits "[u]nle ss the court in its order for dismissal otherwise specifies." Dismissal with prejudice would be unnecessarily harsh and is not warranted here. Accordingly, this action is DISMISSED without prejudice." (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). Zack Morris shall be served by first class mail at the address of record on March 29, 2013.
|February 27, 2013
ORDER DISMISSING COMPLAINT AND DENYING IN FORMA PAUPERIS APPLICATION AND REQUEST FOR COUNSEL re 3 - Signed by CHIEF JUDGE SUSAN OKI MOLLWAY on 2/26/13. " 1. Morris's Complaint is DISMISSED with leave to amend on or befor e March 26, 2013. In the alternative, Morris may, but need not, voluntarily dismiss this action by notifying the court on or before March 26, 2013. 2. Morris's in forma pauperis application is DENIED without prejudice to refiling a signed and fully complete application on or before March 26, 2013. 3. Morris's request for appointment of counsel and class certification are DENIED without prejudice to refiling after he complies with the directions in this order. 4. If Morris fa ils to submit an amended complaint and in forma pauperis application, or a notice of dismissal, on or before March 26, 2013, the court will dismiss this action without prejudice for the reasons set forth above. 5. The Clerk is DIRECTED to send Morris a blank prisoner civil rights complaint form and in forma pauperis application so that he may comply with this Order. The Clerk SHALL note on the docket that Shelley Nobriga, Esq., Hawaii Department of Public Safety Litigation Coordinator, is an interested party to this action. Finally, the Clerk SHALL send a copy of this Order to MCCC Acting Warden James Hirano and Ms. Nobriga, so that they can ensure that Morris is given appropriate assistance." (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). Zack Morris served by first class mail at the ad dress of record on February 27, 2013. A copy of the court's Prisoner Civil Rights Complaint form with <instructions and a copy of the court's Application to Proceed in forma pauperis by a Prisoner with instruct ions were also included in the mailing to Mr. Morris. A copy of this order shall be served by first class mail to Acting Warden James Hirano at Maui Community Correctional Center, 600 Waiale Dr. Wailuku, HI 96793 and a copy shall be served electronically to Shelley Nobriga, Hawaii Department of Safety Litigation Coordinator at the e-mail address listed on the Notice of Electronic Filing (NEF).
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