Chavez v. Hagel et al
| Leonardo R. Chavez |
| Chuck Hagel, William H. McRaven, P. Gardner Howe, III, Norman Brosnick, Steven Grzeszczak, Michael Rivera, John O'Connor and Cielo Almanza |
| 1:2016cv00685 |
| December 30, 2016 |
| US District Court for the District of Hawaii |
| Hawaii Office |
| Honolulu |
| HELEN GILLMOR |
| KENNETH J. MANSFIELD |
| Civil Rights |
| 42 U.S.C. ยง 1983 |
| None |
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
37
ORDER GRANTING DEFENDANTS' MOTION TO DISMISS (ECF NO. 30 ) AND DENYING PLAINTIFF'S FILING ENTITLED "MOTION GRANTING ORDER FOR DEPOSITION SUBPOENA" (ECF NO. 34 ) - Signed by JUDGE HELEN GILLMOR on 1/31/2018. "Defendants United States, United States Special Operations Command, Special Operations Command Central, and Special Operations Command Pacific's Motion to Dismiss (ECF No. 30) is GRANTED. Chavez may seek review in this Court, pursuant to the Administrative Procedure Act, if he is dissatisfied by the decision of the ABCMR. See Clinton v. Goldsmith, 526 U.S. 529, 539 (1999). Plaintiff's filing entitled "MOTION GRANTING ORDER FOR DEPOSITION SUBPOENA" (ECF No. 34) is DENIED AS MOOT. The Clerk of Court is DIRECTED TO CLOSE THE CASE." (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). Leonardo R. Chavez shall be served by first class mail to the address of record on February 1, 2018.
|
|
Filing
11
ORDER DIRECTING SERVICE re 10 - Signed by JUDGE HELEN GILLMOR on 4/20/2017. "(1) The Second Amended Complaint states a claim and shall be served on the United States. (2) The Clerk is DIRECTED to issue a summons as to Chavez� 39;s Second Amended Complaint (ECF No. 10) and forward it to Chavez along with a blank U.S. Marshal Form 285 for the United States. The Clerk SHALL provide Chavez with a certified copy of this Order, a certified copy of his Second Amended Complaint and the summons so that he may serve the United States." (emt, )
|
|
Filing
9
ORDER DISMISSING AMENDED COMPLAINT WITH LEAVE GRANTED TO AMEND re 6 - Signed by JUDGE HELEN GILLMOR on 3/9/2017. " (1) The Complaint is DISMISSED for failure to state a claim pursuant to 28 U.S.C. §§ 1915(e)(2) and 1915A(b)(1). Specifically, Chavez's (a) Bivens claims are DISMISSED with prejudice; (b) claims seeking back pay and retirement benefits are DISMISSED for lack of subject matter jurisdiction; and (c) claims seeking corre ction of military records are DISMISSED for failure to state a claim with leave granted to amend as discussed above. (2) Chavez may file an amended complaint curing the deficiencies of his claims for correction of mil itary records as noted above on or before April 10, 2017. (3) Failure to timely amend and cure the pleading deficiencies noted herein will result in dismissal of this action with prejudice for failure to state a claim, and Chavez may incur a strike pursuant to 28 U.S.C. § 1915(g). (4) The Clerk of Court is DIRECTED to mail Chavez a prisoner civil rights complaint form to assist him in complying with the directions in t his Order." (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). Leonardo R. Chavez shall be served by first class mail at the address of record on March 10, 2017. A copy of the Court's Prisoner Civil Rights Complaint form shall be included in the mailing to Mr. Chavez.
|
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.
