Marks v. State of Hawaii, Department of Public Safety et al
||Donald B. Marks
||Department of Public Safety, John Ioane and Shari Kimoto
||December 22, 2014
||US District Court for the District of Hawaii
||Outside state of Hawaii
||BARRY M. KURREN
|Nature of Suit:
|Cause of Action:
||28 U.S.C. § 1441
|Jury Demanded By:
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|April 28, 2015
ORDER DISMISSING COMPLAINT WITH LEAVE TO AMEND PURSUANT TO28 U.S.C. §§ 1915(e)(2) & 1915A. Signed by JUDGE HELEN GILLMOR on 4/28/2015. ~ (1) The Complaint is DISMISSED IN PART for failure to state a claim for the reasons de tailed above. See 28 U.S.C. § 1915(e)(2)(b) & 1915A(b)(1). Specifically, Marks' federal claims against DPS are dismissed. Marks Due Process, Equal Protection, and Supervisor Liability claims against Defendants Ioane and Kimoto are DISMISSED with leave granted to amend. (2) Marks is GRANTED leave to file an amended complaint curing the deficiencies noted above, if possible, on or before June 15, 2015. Failure to timely amend the Complaint and cure its pleading deficiencies will result in dismissal of Marks federal causes of action against Ioane and Kimoto with prejudice for failure to state a claim. (3) In the alternative, Marks may NOTIFY the court in writing on or before June 15, 2015, that he elects to voluntarily dismiss his f ederal claims with prejudice. If Marks chooses this option, this action will be remanded to the First Circuit Court, State of Hawaii. (4) The Clerk is directed to mail Marks court forms for a prisoner civil rights complaint so that he can comply with the directions in this Order. If he amends his Complaint, Marks need not resubmit his exhibits. (ecs, )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 (Donald Marks) who is not registered to receive electronic notifications was served by first class mail on 4/29/2015, prisoner civil rights complaint form with instructions included.
|February 24, 2015
ORDER ADOPTING MAGISTRATE JUDGE'S FINDINGS AND RECOMMENDATION 14 . Signed by JUDGE HELEN GILLMOR on 2/23/2015. ~ the "Findings and Recommendation to Deny Motion for Remand" are adopted as the opinion and order of this Court.(ecs, )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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