Eblacas v. Agbulos
| Dayson James Eblacas |
| Gerald Agbulos and HPD |
| Laurie Nadamoto and Shelley Harrington |
| 1:2018cv00376 |
| October 2, 2018 |
| US District Court for the District of Hawaii |
| RICHARD L PUGLISI |
| DERRICK K WATSON |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 |
| None |
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Filing 7
ORDER DISMISSING COMPLAINT IN PART AND STAYING ACTION - Signed by JUDGE DERRICK K. WATSON on 11/28/2018. (1) Eblacas' claims against the Honolulu Police Department and Officer Gerald Agbulos in his official capacity fail to state a claim and are DISMISSED pursuant to 28 U.S.C. 1915(e)(2) and 1915A(b)(1). (2) Eblacas' claim for excessive force against Officer Agbulos in his individual capacity states a claim and is STAYED. Eblacas SHALL report to the court within thirty 30 days after the conclusion of his criminal proceedings in State v. Eblacas, CR No. 16-1-001936, which includes the conclusion of direct review on appeal. At that time, Eblacas SHALL NOTIFY the Court of the outcome of his criminal proceeding and declare whether or not he intends to proceed with this action. If there is no longer a need to abstain, or dismiss the claim under Heck v. Humphrey, the Court will reopen this action. (3) 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 - Dayson James Eblacas shall be served by First Class Mail to the address of record on November 29, 2018. Registered Participants of CM/ECF received this document electronically to the email addresses listed on the Notice of Electronic Filing (NEF).
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| Filing 6 FIRST AMENDED COMPLAINT against Gerald Agbulos and HPD filed by Dayson James Eblacas. (Attachments: #1 mailing documentation)(cib, ) |
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Filing 5
ORDER Dismissing Complaint re #1 .(1) The Complaint is DISMISSED for failure to state a claim pursuant to 28 U.S.C. 1915(e)(2) and 1915A(b)(1). Eblacas may file an amended complaint on or before November 30, 2018 that cures the noted deficiencies in his pleading.(2) Failure to file an amended complaint by November 30, 2018 may result in dismissal of this action without further notice for failure to state a claim and may result in a strike under 28 U.S.C. 1915(g).(3) The Clerk is DIRECTED to send Eblacas a prisoner civil rights complaint form so that he may comply with this Order. Signed by JUDGE DERRICK K. WATSON on 10/30/2018. (cib, )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)
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| COURT'S CERTIFICATE of Service - a copy of #5 Order and Blank Prisoner Civil Rights Form has been served by First Class Mail to the addresses of record on Dayson James Eblacas. Registered Participants of CM/ECF received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). (cib, ) |
| Filing 4 Filing fee: $ 400, receipt number HI025006 re #1 Complaint. (emt, ) |
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Filing 3
ORDER DENYING APPLICATION TO PROCEED IN FORMA PAUPERIS BY A PRISONER re #2 - Signed by JUDGE DERRICK K. WATSON on 10/4/2018. Plaintiff is ORDERED to submit a complete District of Hawaii form IFP application that addresses these deficiencies on or before November 2, 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 (9th Cir. 1995). (emt, )COURT'S CERTIFICATE of Service - Dayson James Eblacas served by First Class Mail to the address of record listed on the Notice of Electronic Filing (NEF) on October 4, 2018. A copy of the Court's Application to Proceed in Forma Pauperis by a Prisoner form and instructions shall be included in the mailing to Mr. Eblacas.
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| Filing 2 APPLICATION to Proceed in Forma Pauperis by a Prisoner - by Plaintiff Dayson James Eblacas. (emt, ) |
| Filing 1 PRISONER CIVIL RIGHTS COMPLAINT against Gerald Agbulos - filed by Dayson James Eblacas. (Attachments: #1 Mailing Documentation) (emt, ) |
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