Raquinio v. County of Hawaii
| Noe Kim Raquinio |
| County of Hawaii |
| 1:2019cv00155 |
| March 27, 2019 |
| US District Court for the District of Hawaii |
| SUSAN OKI MOLLWAY |
| RICHARD L PUGLISI |
| Habeas Corpus (General) |
| 28 U.S.C. § 2254 |
| None |
Docket Report
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| Filing 22 EO: In a related matter, this court denied Raquinio's In Forma Pauperis Status on Appeal. See Civ. No. 18-268, ECF No. 104. Raquinio then filed a "Response to Judge[']s Order Denying IFP Status on Appeal," in which he stated that he had "attached to this response... [an] Application to proceed without paying fees." Civ. No. 18-268, ECF No. 106, PageID # 1168. However, it appears that Raquinio mistakenly filed his Application To Proceed In Forma Pauperis in this case. ECF No. 21. This court denies Raquinio's application for the reasons set forth in this court's minute order in the related matter, which stated:"Plaintiff Noe Raquinio has filed yet another Application To Proceed In Forma Pauperis. In ECF No. 104, this court responded to the Ninth Circuit's referral to this court of the issue of whether Raquinio's 'in forma pauperis status should continue for this appeal or whether the appeal is frivolous or taken in bad faith.' See ECF No. 103. The Ninth Circuit described that referral as having a 'limited purpose.' To the extent Raquinio's May 6 filing seeks reconsideration of this court's response to the Ninth Circuit, that request is denied in light of the limited scope of the Ninth Circuit's referral to this court. The case is now back in the Ninth Circuit, not in this court, and Raquinio should file papers in that court, not this one."Civ. No. 18-268, ECF No. 105. This matter is also on appeal to the Ninth Circuit. The court emphasizes that, to the extent that Raquinio seeks some form of relief, he should file papers in the Ninth Circuit. (JUDGE SUSAN OKI MOLLWAY)(tl, ) |
| Filing 21 MOTION for Leave to Proceed In Forma Pauperis filed by Petitioner Noe Kim Raquinio. (Attachments: #1 mailing documentation)(cib) |
Filing 20
ORDER of USCA as to #18 Notice of Appeal, filed by Noe Kim Raquinio. The Clerk's Office of the United States Court of Appeals for the Ninth Circuit has received a copy of your notice of appeal and/or request for a certificate of appealability. A briefing schedule will not be set until the court determines whether a certificate of appealability should issue. (cib)
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| Filing 19 EO: Plaintiff Noe Raquinio has filed two more Rule 59 motions, one asserting that relief is appropriate based on newly discovered or previously unavailable evidence (ECF. No. 17), and the other asserting that a new trial is warranted (ECF No. 16). The only new material referred to in ECF No. 17 is a "privilege log" that Raquinio says was "just discovered and surrendered by Respondent Counsel." Even if Raquinio has only "just" received this material, It is not at all clear why this could not have been obtained earlier, at least before judgment was entered in this case on April 8, 2019. Raquinio does not, for example, state when he requested this material, or how he happened to receive it, or when exactly he "just" received it. Newly received material does not warrant a new trial if the petitioner had reason to know of its existence and failed to seek the material in a timely fashion. More importantly, Raquinio does not tie the "privilege log" to a basis for relief under 2254. On a post-judgment motion, Raquinio bears the burden of making a showing as to why this court should reconsider its earlier ruling. He does not meet that burden. As for his separate new trial motion (ECF No. 16), he provides no reasoning at all, simply quoting portions of Rule 59(a) and Rule 60(b) of the Federal Rules of Civil Procedure, including the reference in Rule 60(b) going to seeking relief based on "newly discovered evidence that, with reasonable diligence, could not have been discovered in time to move for new trial under Rule 59(b)." That particular language is inapplicable here because, notwithstanding Raquinio's multiple post-judgment filings, the 28-day period set forth in Rule 59(b) has not yet expired. At this point, having also received a notice of appeal from Raquinio, this court will assume that Raquinio will proceed in the Ninth Circuit. (JUDGE SUSAN OKI MOLLWAY)(tl, ) |
| Filing 18 NOTICE OF APPEAL as to #9 Order on Motion for Miscellaneous Relief, filed by Noe Kim Raquinio.(no fee of ifp) (Attachments: #1 representation statement, #2 mailing documentation)(cib) 9CCA Case Number: 19-15851 (Main Document 18 replaced on 4/24/2019 - corrected pdf attachment uploaded to main document) (cib). Modified on 4/25/2019 to add court of appealsnumber to docket text(cib). |
| Filing 17 NOTICE - (Rule 59(E)Motion Be Granted:) On Newly Discovered or Previously Unavailable Evidence filed by Noe Kim Raquinio re #16 . (Attachments: #1 mailing documentation)(cib) |
| Filing 16 MOTION - Rule 59. New Trial; Altering or Amending a Judgment filed by Petitioner Noe Kim Raquinio.(petitioner's signature omitted) (Attachments: #1 mailing documentation)(cib) |
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Filing 15
ORDER Denying Petitioner's "Amended Petition" Which The Court Deems To Be A Motion To Alter The Judgment Under Rule 59(e) Of The Federal Rules Of Civil Procedure re #14 . Signed by JUDGE SUSAN OKI MOLLWAY on 4/16/2019. (cib)
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| COURT'S CERTIFICATE of Service - a copy of #15 Order has been served by First Class Mail to the addresses of record on Noe Kim Raquinio. Registered Participants of CM/ECF received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). (cib) |
| Filing 14 AMENDED Petition Answer To Courts Order To Show Cause Petition Under 28 U.S.C. 2254 Should Not Be Dismissed As Untimely filed by Noe Kim Raquinio re #7 . (Attachments: #1 SEALED - medical records - date of birth referenced on medical records, #2 Certificate of Service, #3 mailing documentation)(cib) |
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Filing 13
ORDER REGARDING PLAINTIFF'S "SUPPLEMENTAL CHANGE" FILING; EXHIBIT A re #11 - Signed by JUDGE SUSAN OKI MOLLWAY on 4/9/2019. (CV 19-00155 SOM-RLP; CV 18-00268 SOM-RLP) (Attachments: #1 Exhibit A) (emt, )
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Filing 12
ORDER DENYING REQUEST FOR CERTIFICATE OF APPEALABILITY - Signed by JUDGE SUSAN OKI MOLLWAY on 4/8/2019. (emt, )
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| COURT'S CERTIFICATE of Service - a copy of the #12 ORDER DENYING REQUEST FOR CERTIFICATE OF APPEALABILITY has been served by First Class Mail to Noe Kim Raquinio at the address of record on April 9, 2019. Registered Participants of CM/ECF received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). (emt, ) |
| COURT'S CERTIFICATE of Service - a copy of the #13 ORDER REGARDING PLAINTIFF'S "SUPPLEMENTAL CHANGE" FILING; EXHIBIT A has been served by First Class Mail to Noe Kim Raquinio at the address of record on April 9, 2019. Registered Participants of CM/ECF received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). (emt, ) |
| Filing 11 SUPPLEMENTAL CHANGE City of Kailua Kona to County of Hawaii Adding Sean Smith and Micheal Hardie to Defendants List Final Amended Complaint [Demand for Jury Trial] re #1 - by Noe Kim Raquinio. (Attachments: #1 9.12 Particular Rights - Fourth Amendment, Unreasonable Search - Generally, #2 9.23 Particular Rights - Fourth Amendment, Unreasonable Seizure of Person - Probable Cause Arrest, #3 9.33 Particular Rights - Fourteenth Amendment, Due Process, Deliberate Fabrication of Evidence, #4 Certificate of Service, #5 Mailing Documentation) (emt, ) |
| Filing 10 CLERK'S JUDGMENT entered 4/8/2019 re #9 Order Dismissing Petition Under 28 U.S.C. 2254. (cib) |
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Filing 9
ORDER Dismissing Petition Under 28 U.S.C. 2254 re #1 . The court dismisses Raquinio's 2254 petition. The Clerk of Court is directed to enter judgment in favor of Respondent and to close this case.Signed on 4/8/2019 by JUDGE SUSAN OKI MOLLWAY.(cib)
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| COURT'S CERTIFICATE of Service - a copy of #9 Order on Motion for Miscellaneous Relief, #10 Clerk's Judgment has been served by First Class Mail to the addresses of record on Noe Kim Raquinio. Registered Participants of CM/ECF received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). (cib) |
| Filing 8 NOTICE - Supplemental Changes/Additional Party filed by Noe Kim Raquinio. (Attachments: #1 document submission check list)(cib) |
| Filing 7 Petition Answer to Courts #6 Order to Show Cause Why Petition Under 28 U.S.C. 2254 Should Not be Dismissed as Untimely - filed by Noe Kim Raquinio. (Attachments: #1 Mailing Documentation) (emt, ) |
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Filing 6
ORDER To Show Cause Why Petition Under 28 U.S.C. 2254 Should Not Be Dismissed As Untimely. Raquinio is hereby ordered to show cause why his petition should not be dismissed as untimely. Raquinio must file his response by April 19, 2019. If he fails to do so, his petition will be automatically dismissed. Signed by JUDGE SUSAN OKI MOLLWAY on 3/27/2019. (cib)
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| COURT'S CERTIFICATE of Service - a copy of #6 Order to Show Cause, has been served by First Class Mail to the addresses of record on Noe Kim Raquinio. Registered Participants of CM/ECF received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). (cib) |
| Filing 5 EO: The Rule 16 Scheduling Conference set for 05/23/2019 is VACATED. (MAGISTRATE JUDGE RICHARD L. PUGLISI)(mrf) |
| Filing 4 Habeas Filing Fee: $ 5.00, receipt number HI026104(PAID) re #1 (cib) |
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Filing 3
Order Setting Rule 16 Scheduling Conference is set for 9:00AM on 5/23/2019 before MAGISTRATE JUDGE RICHARD L. PUGLISI. Signed by CHIEF JUDGE J. MICHAEL SEABRIGHT on 3/28/2019. (Attachments: #1 Clerk's Memo re: Corporate Disclosure)(cib)
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| COURT'S CERTIFICATE of Service - a copy of 2 Notice of Case Assignment, #4 Filing Fee Received, #3 Set Rule 16 Scheduling Conference, #1 Petition for Writ of Habeas Corpus has been served by First Class Mail to the addresses of record on Noe Kim Raquinio. Registered Participants of CM/ECF received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). (cib) |
| Filing 2 NOTICE of Case Assignment; Please reflect Civil case number CV 19-00155-SOM-RLP on all further pleadings. (cib) |
| Filing 1 PETITION 28 U.S.C. 2254 for Writ of Habeas Corpus filed by Noe Kim Raquinio. (Attachments: #1 mailing documentation)(cib) Modified event type to motion on 3/29/2019 (cib). |
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| Petitioner: Noe Kim Raquinio | |
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