Penaflor v. United States of America et al
| Crandall Lee Koa'io Penaflor |
| State of Hawaii and United States of America |
| Laurie Nadamoto and Shelley Harrington |
| 1:2018cv00458 |
| November 19, 2018 |
| US District Court for the District of Hawaii |
| KENNETH J MANSFIELD |
| JILL A OTAKE |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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Filing 9
ORDER DENYING MOTION FOR RECONSIDERATION re: #8 . Signed by JUDGE JILL A. OTAKE on 1/7/2019. "While Penaflor is correct that a court must liberally construe pro se litigants pleadings and grant leave to amend if it appears that a defective claim or complaint can be corrected, Lopez v. Smith, 203 F.3d 1122, 1130 (9th Cir. 2000), this Court remains convinced that amendment here is futile. Nothing within the Motion for Reconsideration or the Complaint allows an inference that Penaflor can amend his claims to state a colorable claim against the United States based on the Apology Resolution, much less bring a criminal action to reinstate the Kingdom of Hawaii. Granting leave to amend would have been futile, see Sylvia Landfield Tr. v. City of L.A., 729 F.3d 1189, 1196 (9th Cir. 2013), and Penafor's Motion for Reconsideration is DENIED." (jo)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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| Filing 8 OBJECTION to the District Court Dismissal Order dated December 7, 2018 re: #6 - filed by Crandall Lee Koa'io Penaflor. [MOTION for Reconsideration] (Attachments: #1 Transmittal letter and Mailing documentation (Envelope stamped, initialed and dated 12/20/2018 by facility; postmark date is not evident)) (afc) |
| Filing 7 JUDGMENT IN A CIVIL CASE re: Dismissal Order, ECF #6 . (afc)COURTS CERTIFICATE of Service - Non-Registered CM/ECF Participants will be served on December 10, 2018 by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) |
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Filing 6
DISMISSAL ORDER re: #1 .Excerpt of order:"Penaflor's Complaint fails to state a colorable claim for relief and is DISMISSED pursuant to 28 U.S.C. 1915(e)(2) and 1915A(a). Granting leave to amend is futile, and this dismissal is with prejudice." "This dismissal may count as a 'strike' under 28 U.S.C. 1915(g), which states that a prisoner may not bring a civil action or appeal a civil judgment in forma pauperis under 28 U.S.C. 1915, if the prisoner has, on 3 or more prior occasions, while incarcerated or detained in any facility, brought an action or appeal in a court of the United States that was dismissed on the grounds that it is frivolous, malicious, or fails to state a claim upon which relief may be granted, unless the prisoner is under imminent danger of serious physical injury." "The Clerk is directed to enter judgment and close the file." IT IS SO ORDERED. Signed by JUDGE JILL A. OTAKE on 12/7/2018. (afc)COURTS CERTIFICATE of Service - Non-Registered CM/ECF Participants will be served on December 10, 2018 by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)
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Filing 5
ORDER (1) GRANTING IN FORMA PAUPERIS APPLICATION #3 . Signed by U.S. MAGISTRATE JUDGE KENNETH J. MANSFIELD on 11/29/2018. CERTIFICATE OF SERVICE Order served electronically via Notice of Electronic Filing (NEF): Financial Department, USDC District of Hawaii, and Shelley Harrington, Esq. and Laurie Nadamoto, Esq., Hawaii Department of Public Safety Litigation Coordinators. A copy of the instant Order will be served on November 29, 2018 by First Class Mail addressed to: CRANDALL LEE KOA'IO PENAFLOR # A0072574 JC-82SAGUARO CORRECTIONAL CENTER1250 EAST ARICA ROADELOY, AZ 85131andWARDEN - SAGUARO CORRECTIONAL CENTER1250 EAST ARICA ROADELOY, AZ 85131 andSAGUARO CORRECTIONAL CENTERFINANCIAL OFFICE1250 EAST ARICA ROADELOY, AZ 85131
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| Filing 4 SUMMONS [Proposed] submitted by Crandall Lee Koa'io Penaflor. (afc) |
| Filing 3 MOTION for Leave to Proceed in forma pauperis by Plaintiff Crandall Lee Koa'io Penaflor. (afc) |
| Filing 2 Declaration of Crandall L.K. Penaflor re: #1 . (afc) |
| Filing 1 COMPLAINT; CERTIFICATE OF SERVICE; JURY TRIAL DEMANDED against the United States of America, and The State of Hawaii - filed by Crandall Lee Koa'io Penaflor. (Attachments: #1 Transmittal letter and Mailing Documentation) (afc) |
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