Cabrera v. Hubmer et al
| Fred Cabrera |
| Benjamin Hubmer, OCCC and Warden |
| 1:2017cv00367 |
| July 27, 2017 |
| US District Court for the District of Hawaii |
| Hawaii Office |
| Honolulu |
| KENNETH J. MANSFIELD |
| DERRICK K. WATSON |
| 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
49
ORDER DENYING MOTION FOR RECONSIDERATION re: 48 . Signed by JUDGE DERRICK K. WATSON on 11/7/2018. (afc)COURTS CERTIFICATE of Service - Non-Registered CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)
|
|
Filing
8
ORDER Dismissing Complaint In Part and Directing Service. Signed by JUDGE DERRICK K. WATSON on 9/22/17. (cib, )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. Copy of endorsed amended complaint , two completed summons to Sgt. Malia Anderson and ACO, Manny Tauares, four Notice of Lawsuit and Request for Waiver of Service for Summons forms(AO398), four Waiver of Service of Summons forms(AO399), and instruction sheet mailed to pro se plaintiff Fred Cabrera. Copy of this order forwarded to U.S. Marshal.
|
|
Filing
6
ORDER DISMISSING COMPLAINT IN PART WITH LEAVE TO AMEND re 1 - Signed by JUDGE DERRICK K. WATSON on 8/25/2017. " (1) The Complaint is DISMISSED IN PART for failure to state a claim pursuant to 28 U.S.C. §§ 1915(e)(2) and 1915 A(b). Specifically, claims for injunctive relief are dismissed with prejudice and claims against Defendants Benjamin Hubmer and OCCC Warden are dismissed with leave to amend. (2) Cabrera's claims against the OCCC CO state a cognizable clai m for relief and shall be served after Cabrera submits an amended complaint that sufficiently identifies this Defendant, so that the U.S. Marshal can perfect service of process. (2) Cabrera is granted leave to file an amended complaint on or be fore September 29, 2017 that cures the Complaint's deficiencies. Failure to timely and adequately amend the Complaint will result in the DISMISSAL of this action. (3) IN THE ALTERNATIVE, Cabrera may notify the Cour t on or before September 29, 2017, that he elects to stand on his claims against OCCC CO or COs and voluntarily dismisses the remaining claims and Defendants. If Cabrera chooses this option, the Court will open early discovery for forty-five days, as discussed above, calculated from the date Cabrera files this notice. (4) The Clerk is DIRECTED to send Cabrera a blank prisoner civil rightscomplaint so that he can comply with the directions of this Order." (emt, )< center>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). Fred Cabrera served by first class mail to the address of record on August 25, 2017. A copy of the court's prisoner civil rights complaint form shall be included in the mailing to Mr. Cabrera.
|
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.
