Char v. Smith et al
| Mark Alan Char |
| Anthony Smith, Ashley Stibbard, Alan Lu and Victor Lau |
| 1:2018cv00202 |
| May 25, 2018 |
| US District Court for the District of Hawaii |
| Hawaii Office |
| Honolulu |
| HELEN GILLMOR |
| RICHARD L. PUGLISI |
| Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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Filing
7
ORDER DISMISSING COMPLAINT IN PART AND STAYING ACTION - Signed by JUDGE HELEN GILLMOR on 8/1/2018. (1) The Complaint is DISMISSED IN PART pursuant to 28 U.S.C. § 1915A(b)(1). Specifically, Char' ;s claims for damages against Defendants named in their official capacities fail to state a claim and are dismissed. (2) The remaining claims in this action are STAYED. Char SHALL report to the court within thirty 30 days< /B> after the conclusion of his criminal proceedings in State v. Char, Cr. No. 1PC161001291 (Haw. 1st Cir. Ct., June 2, 2016), including direct review. At that time, Char SHALL NOTIFY the Court of the outcome of his criminal proceeding and declare his intent to proceed with this action. If there is no longer a need to abstain, the Court will reopen this action. (3) IN THE ALTERNATIVE, Char may notify the court in writing within thirty 30 days of the date of this Orde r that he elects to voluntarily dismiss this action without prejudice. In that event, the Court will refund the filing fee that he has paid, lift the stay, and terminate this action. (4) The Clerk of Court is DIRECTED to note that this suit is STAYED and to administratively close this action. (emt, )COURT'S CERTIFICATE of Service - Mark Alan Char served by First Class Mail to the address of record listed on the Notice of Electronic Filing (NEF) on August 1, 2018.
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Filing
5
ORDER DENYING APPLICATION TO PROCEED IN FORMA PAUPERIS BY A PRISONER AND DISMISSING MOTION FOR APPOINTMENT OF COUNSEL re 2 , 4 - Signed by JUDGE HELEN GILLMOR on 6/19/2018. Plaintiff is ORDERED to submit a complete District of Hawaii form IFP application that contains the prison's certification of the amount in his prison account and a copy of his past six month account statement, and sets forth Plaintiff's best estimation of his personal assets on or before July 24, 2018. Failure to do so will result in automatic dismissal of this action without prejudice for failure to prosecute without further notice. See Fed. R. Civ. P. 41(b); see also Olivares v. Marshall, 59 F.3d 109, 112 (9t h Cir. 1995). The Clerk is DIRECTED to send Plaintiff a new Application To Proceed In Forma Pauperis By A Prisoner so that he can comply with this Order. The Clerk shall also send a copy of this Order to the Warden and Financial Office of the Oahu Community Correctional Center. (emt, )
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