Sharrott v. Halawa Prison ADA Compliance Team et al
| Kristopher Michael Sharrott |
| John Doe x 10, Halawa Prison ADA Compliance Team, Halawa Prison Medical Unit, Mee, Jane Doe x 10, Halawa Prison Medical Administrator, State of Hawaii, M. Naeole, G. Dano and L. Lee Zidek |
| Shelley Harrington and Laurie Nadamoto |
| 1:2018cv00486 |
| December 10, 2018 |
| US District Court for the District of Hawaii |
| KEVIN SC CHANG |
| J MICHAEL SEABRIGHT |
| ROM TRADER |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
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Filing 15
ORDER TO SHOW CAUSE WHY ACTION SHOULD NOT BE DISMISSED FOR FAILURE TO EXHAUST ADMINISTRATIVE REMEDIES "It appears from the face of the First Amended Complaint that Sharrott failed to exhaust his available administrative remedies prior to filing this action. It is HEREBY ORDERED that Sharrott show cause in writing on or before March 4, 2019, why this action should not be dismissed without prejudice for his failure to exhaust available administrative remedies. If Sharrott fails to file a timely response or is unable to show good cause for his failure to exhaust, the court will dismiss this action without prejudice for failure to exhaust administrative remedies. That dismissal may later be considered a strike pursuant to 28 U.S.C. 1915(g). See Jones, 549 U.S. at 215; Albino v. Baca, 747 F.3d 1162, 1169 (9th Cir. 2014) (holding that dismissal for failure to state a claim is proper when a failure to exhaust is clear from the face of the complaint)." Signed by CHIEF JUDGE J. MICHAEL SEABRIGHT on 2/6/2019 Show Cause Response due by 3/4/2019 (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 14 EO: The court granted Plaintiff leave to amend his pleadings on 01/14/2019. See Order Dismissing Complaint With Leave to Amend and (2) Denying Appointment of Counsel [ECF 11]. Plaintiff's Motion to Amend Complaint [ECF 12], is therefore DENIED as moot. The court will screen Plaintiff's Amended Prisoner Civil Rights Complaint [ECF 13] pursuant to 28 U.S.C. 1915(e)(2) and 1915A(a) in the normal course. IT IS SO ORDERED. (CHIEF JUDGE J. MICHAEL SEABRIGHT)(rlfh)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 13 AMENDED PRISONER CIVIL RIGHTS COMPLAINT against All Defendants - filed by Kristopher Michael Sharrott. (Attachments: #1 Mailing Envelope) (jo) |
| Filing 12 MOTION to grant leave to amend defects in Complaints against Defendants in their individual capacities. And claims for punitive damages. And to reverse orders to dismiss with prejudice of said complaints - filed by Plaintiff Kristopher Michael Sharrott. (Attachments: #1 Transmittal Letter, #2 Mailing Envelope) (jo) |
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Filing 11
ORDER (1) DISMISSING COMPLAINT WITH LEAVE TO AMEND AND (2) DENYING MOTION FOR APPOINTMENT OF COUNSEL re: #10 . Signed by CHIEF JUDGE J. MICHAEL SEABRIGHT on 1/14/2019. (afc) Plaintiff may file an amended pleading on or before February 8, 2019. COURTS CERTIFICATE of Service - A copy of the instant Order and form "Pro Se 14," the Complaint for Violation of Civil Rights (Prisoner Complaint) form will be served on January 15, 2019 by First Class Mail to the address of record for Mr. Kristopher Michael Sharrott.
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| Filing 10 MOTION for Appointment of Pro Bono Counsel - filed by Plaintiff Kristopher Michael Sharrott. (Attachments: #1 Transmittal letter; Mailing documentation (Mailing envelope stamped by facility; postmark date: 1/9/2019)) (afc) |
| COURT'S CERTIFICATE of Service - a copy of 9 Notice of Case Reassignment,, has been served by First Class Mail to the addresses of record to: Kristopher M. Sharrott A4020207. Registered Participants of CM/ECF received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). (apg, dist) |
| Filing 9 NOTICE of Case Reassignment; Case reassigned to MAGISTRATE JUDGE ROM TRADER for all further proceedings. MAGISTRATE JUDGE KEVIN S.C. CHANG no longer assigned to case Please reflect new case number CV 18-00486-JMS-RT on all further pleadings . (apg, dist)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) |
| COURT'S CERTIFICATE OF SERVICE - a copy of #8 the ORDER GRANTING IN FORMA PAUPERIS APPLICATION was served electronically via Notice of Electronic Filing (NEF) to: 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 January 2, 2019 by First Class Mail addressed to: KIRSTOPHER MICHAEL SHARROTT # A4020207HALAWA CORRECTIONAL FACILITY99-902 MOANALUA ROADAIEA, HI 96701 andWARDEN, HALAWA CORRECTIONAL FACILITY99-902 MOANALUA ROADAIEA, HI 96701 (afc) |
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Filing 8
ORDER GRANTING IN FORMA PAUPERIS APPLICATION #7 . Signed by MAGISTRATE JUDGE KEVIN S.C. CHANG on 12/31/2018. (afc)
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| Filing 7 MOTION for Leave to Proceed in forma pauperis by Plaintiff Kristopher Michael Sharrott. (Attachments: #1 Supplement: Transmittal letter, #2 Mailing documentation (Envelope stamped by facility; a postmark is not evident)) (afc) |
| Filing 6 EO: Plaintiff's Motion for Extension of Time to File an Application to Proceed In Forma Pauperis by a Prisoner, ECF No. 5, is GRANTED. Plaintiff shall file the application on or before January 16, 2019. IT IS SO ORDERED.granting #5 Motion for Extension of Time to File. (MAGISTRATE JUDGE KEVIN S.C. CHANG)(tbf, )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 5 MOTION for Extension of Time (28 days) to submit completed in forma pauperis - filed by Plaintiff Kristopher Michael Sharrott. (Attachments: #1 Supplement - Transmittal letter, #2 Mailing documentation (Envelope stamped by facility; postmark date: 12/17/2018)) (afc) |
| Filing 4 EO: Plaintiff's Motion for Appointment of Pro Bono Counsel [ECF 3], is DENIED without prejudice as premature. Plaintiff may request appointment of counsel after (1) he submits an Application to Proceed In Forma Pauperis by a Prisoner and been granted such status or pays the filing fee; and (2) the court determines that his Complaint states a colorable claim for relief and may be served, pursuant to 28 U.S.C. 1915(e) and 1915A(a). IT IS SO ORDERED.denying #3 Motion to Appoint Counsel. (MAGISTRATE JUDGE KEVIN S.C. CHANG)(tbf, )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 3 MOTION for Appointment of Pro Bono Counsel by Plaintiff Kristopher Michael Sharrott. (Attachments: #1 Declaration) (afc) |
| Filing 2 DEFICIENCY ORDER. Signed by CHIEF U.S. DISTRICT JUDGE J. MICHAEL SEABRIGHT on 12/10/2018. (afc)CERTIFICATE OF SERVICE A copy of the instant Order and the "Application to Proceed In Forma Pauperis by a Prisoner" form with its instructions was served by the Clerk's office/L.S. and served on December 10, 2018 by first class mail addressed to Mr. Kristopher Sharrott at his address of record. |
| Filing 1 PRISONER CIVIL RIGHTS COMPLAINT filed by Kristopher Michael Sharrott. (Attachments: #1 Transmittal letter, #2 Mailing documentation) (afc) |
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