Williams, Jr. v. U.S. Department of Justice et al
| David Verden Williams, Jr. |
| U.S. Department of Justice, BOP Warden of FDC Honolulu and Federal Bureau of Prisons |
| Shelley Harrington and Laurie Nadamoto |
| 1:2019cv00081 |
| February 12, 2019 |
| US District Court for the District of Hawaii |
| KENNETH J MANSFIELD |
| J MICHAEL SEABRIGHT |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
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This docket was last retrieved on June 18, 2019. A more recent docket listing may be available from PACER.
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| Filing 18 EO: On April 1, 2019, Plaintiff filed a notice of appeal (ECF #15 ), of the Magistrate Judge's March 8, 2019 Order Denying Appointment of Counsel (ECF #9 ). Generally, "the filing of a notice of interlocutory appeal divests the district court of jurisdiction over the particular issues involved in that appeal." City of Los Angeles, Harbor Div. v. Santa Monica Baykeeper, 254 F.3d 882, 886 (9th Cir. 2001). However, "it is well-settled that interlocutory orders denying motions for appointment of counsel are non-final, and, generally, not immediately appealable." Colman v. Goord, 2 F. Appx170, 171 (2d Cir. 2001); see, e.g., Chambers v. Pennycook, 641 F.3d 898, 904 (8th Cir. 2011); Catanzaro v. Collins, 447 F. Appx 397, 399 (3d Cir. 2011); Williams v. Maryland, 346 F. Appx 974, 975 (4th Cir. 2009) (per curiam); Lopez v. Newport Beach Police Dep't, 2017 WL 729700, at *2 (C.D. Cal. Feb. 27, 2017). Therefore, this court retains jurisdiction over this action. See Estate of Conners by Meredith v. O'Connor, 6 F.3d 656, 658 (9th Cir. 1986). This case will proceed as if no notice of appeal had been filed. (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 17 Pro-Se Appeal Packet re #14 Notice of Appeal filed by David Verden Williams, Jr. (9CCA No. 19-15627) (Attachments: #1 Notice of Appeal, #2 District Court Instructions, #3 Docket Sheet) (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) |
| Filing 16 USCA Time Schedule Order as to #14 Notice of Appeal filed by David Verden Williams, Jr. (9CCA No. 19-15627) (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) |
| Filing 15 USCA Case Number 19-15627 for #14 Notice of Appeal filed by David Verden Williams, Jr. (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) |
| Filing 14 NOTICE OF APPEAL as to #9 Order on Motion to Appoint Counsel - by David Verden Williams, Jr. Filing fee $505 DUE. "Motion for Court to forward appeal to 9th circuit court of Appeals for denial of appointment of counsel" (Attachments: #1 Transmittal Letter, #2 Mailing Envelope) (jo) |
Filing 13
***DOCUMENT STRICKEN--ERRONEOUSLY ENTERED IN THE INSTANT CASE*** SEALED ORDER; EXHIBIT "A" - Signed by MAGISTRATE JUDGE KEVIN S.C. CHANG on 3/29/2019. USA served(jo) Modified on 3/29/2019 to strike the document (jo)
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| Filing 12 SUPPLEMENTAL DOCUMENTS: "Prisoner Civil Rights Complaint; Issue of Statute of Limitations" - filed by David Verden Williams, Jr. (Attachments: #1 Mailing Envelope) (jo) |
| Filing 11 SUPPLEMENTAL DOCUMENTS "Informa Pauperis Application Pending - 6 month Inmate Account Balances" re: #6 filed by David Verden Williams, Jr. (Attachments: #1 Exhibit A (Inmate Account Activity), #2 Mailing Envelope) (jo) |
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Filing 10
ORDER GRANTING IN FORMA PAUPERIS APPLICATION re: #6 - Signed by MAGISTRATE JUDGE KENNETH J. MANSFIELD on 3/8/2019. (jo)COURTS CERTIFICATE of Service Order served electronically via Notice of Electronic Filing (NEF): Financial Department, USDC District of Hawaii A copy of the instant Order will be served on March 8, 2019, by First Class Mail, to the following: David Verden Williams, Jr. 99700-022 FCI ESTILL FEDERAL CORRECTIONAL INSTITUTION Inmate Mail/Parcels P.O. BOX 699 ESTILL, SC 29918 FCI ESTILL Attn: WARDEN FEDERAL CORRECTIONAL INSTITUTION 100 Prison Road ESTILL, SC 29918 FCI ESTILL Attn: Financial Office FEDERAL CORRECTIONAL INSTITUTION 100 Prison Road ESTILL, SC 29918 Federal Bureau of Prisons 320 First St., NW Washington, DC 20534
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Filing 9
ORDER DENYING MOTION FOR APPOINTMENT OF COUNSEL re: #5 "Plaintiff's Motion for Appointment of Counsel is DENIED without prejudice to refiling it after the court has screened the Complaint, ordered it served, and Defendants have filed an Answer or other response." Signed by MAGISTRATE JUDGE KENNETH J. MANSFIELD on 3/8/2019. (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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| COURT'S CERTIFICATE of Service - On 3/5/2019, Intake Clerk mailed a FILED copy of #7 and #8 to Plaintiff, by First Class Mail to the address of record. Registered Participants of CM/ECF received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). (jo) |
| Filing 8 Letter to Chief Judge J. Michael Seabright, dated 2/27/2019, from Plaintiff David V. Williams, Jr. (Attachments: #1 Mailing Envelope) (jo) |
| Filing 7 SUPPLEMENT (1) Amended Complaint (2) Medical Status (3) Informa Pauperis (4) Exhausting Grievance (5) Appointment of Counsel re: #1 , #5 , and #6 - filed by David Verden Williams, Jr. (Attachments: #1 Exhibit A- Inmate Transaction Report, #2 Mailing Envelope) (jo) |
| Filing 6 APPLICATION TO PROCEED IN DISTRICT COURT WITHOUT PREPAYING FEES OR COSTS (Short Form) - filed by Plaintiff David Verden Williams, Jr. (Additional attachment(s) added on 3/4/2019: #1 Mailing Envelope) (jo) |
| Filing 5 MOTION For Appointment of Counsel Due to Brain Injury - filed by Plaintiff David Verden Williams, Jr. (Additional attachment(s) added on 3/4/2019: #1 Mailing Envelope) (jo) |
| Filing 4 COMPLAINT FOR VIOLATION OF CIVIL RIGHTS (Prisoner Complaint) - filed by David Verden Williams, Jr. (Attachments: #1 Mailing Envelope) (jo) |
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Filing 3
STATUS REPORT ORDER: Status Report due by 5/20/2019 - Signed by CHIEF JUDGE J. MICHAEL SEABRIGHT on 2/12/2019. (jo)COURTS CERTIFICATE of Service - On 2/12/2019, Intake Clerk served a copy of the foregoing document to Plaintiff by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)
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Filing 2
DEFICIENCY ORDER re #1 - Signed by CHIEF JUDGE J. MICHAEL SEABRIGHT on 2/12/2019. (jo)COURTS CERTIFICATE of Service - On 2/13/2019, Intake Clerk mailed a copy of the foregoing document to Plaintiff by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)
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| Filing 1 PRISONER CIVIL RIGHTS COMPLAINT filed by Plaintiff David Verden Williams, Jr. 1) Motion for Appointment of Counsel 2) Memorandum Declaring Mental Incapacity 3) Informa Pauperis App. for Request for filing fees 4) Declaration of Statute of limitations, Incapacitation (Attachments: #1 Letter to Paralegal Services of the Upstate, #2 Mailing Envelope) (jo) |
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