Iyonsi v. Honolulu Police Department
| Orighoye Dennis Iyonsi |
| Honolulu Police Department |
| 1:2019cv00429 |
| August 12, 2019 |
| US District Court for the District of Hawaii |
| KENNETH J MANSFIELD |
| JILL A OTAKE |
| Civil Rights: Other |
| 42 U.S.C. § 1983 |
| None |
Docket Report
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This docket was last retrieved on October 8, 2019. A more recent docket listing may be available from PACER.
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| Filing 22 CLERK'S JUDGMENT entered on 10/8/2019. (emt, )COURT'S CERTIFICATE of Service - Orighoye Dennis Iyonsi served electronically to the email address listed on the Notice of Electronic Filing (NEF). |
| Filing 21 EO: On 10/1/19 Plaintiff filed a document titled #20 "Motion of Appeal to IFP and Consequentially Complaint." This Motion appears to seek reconsideration of the Court's initial denial of his #3 Application to Proceed In Forma Pauperis. To the extent the document could be construed as a motion for reconsideration of the denial, Plaintiff has not provided any factual or legal bases for relief. A "motion for reconsideration must demonstrate some reason why the Court should reconsider its prior decision [and] must set forth facts or law of a 'strongly convincing' nature to induce the court to reverse its prior decision." Jacob v. United States, 128 F. Supp. 2d 638, 641 (D. Haw. 2000) (citing Decker Coal Co. v. Hartman, 706 F. Supp. 745, 750 (D. Mont. 1988)) (citation omitted). Mere disagreement with a court's analysis in a previous order is not a sufficient basis for reconsideration. White v. Sabatino, 424 F. Supp. 2d 1271, 1274 (D. Haw. 2006) (citing Leong v. Hilton Hotels Corp., 689 F. Supp. 1572 (D. Haw. 1988)); Haw. Stevedores, Inc. v. HT & T Co., 363 F. Supp. 2d 1253, 1269 (D. Haw. 2005). Plaintiff's document contains no facts or law of a strongly convincing nature to convince the Court to reverse the initial denial of the Application, as the denial was based on Plaintiff's failure to provide complete information in his Application. ECF No. 8 at 10-11. Another case pending in this district suggested that Plaintiff might be receiving income (in the form of food stamps) that he did not disclose. Id. The Court did not make a merits based decision on the IFP Application. And notably, the Court granted Plaintiff leave to resubmit his Application, along with his amended pleading. For these reasons, the Motion is DENIED. (JUDGE JILL A. OTAKE)(otake1)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 19 EO: On 9/30/19, the Court issued an #17 Order (1) Dismissing Action and (2) Denying Application to Proceed In Forma Pauperis as Moot. On 10/1/19, Plaintiff filed a #18 Third Amended Complaint, which is identical to the First Amended Complaint and the Second Amended Complaint. In light of the dismissal of this action, and the fact that the Third Amended Complaint is the same document already twice dismissed, it is HEREBY STRICKEN. (JUDGE JILL A. OTAKE)(shm)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 20 MOTION of Appeal to IFP and Consequentially Complaint re #17 - by Plaintiff Orighoye Dennis Iyonsi. (emt, ) |
| Filing 18 stricken, pursuant to ECF No. 19 Minute Order : THIRD AMENDED COMPLAINT against Honolulu Police Department - filed by Orighoye Dennis Iyonsi. (emt, ) Modified on 10/3/2019 (emt, ). |
Filing 17
ORDER (1) DISMISSING ACTION AND (2) DENYING APPLICATION TO PROCEED IN FORMA PAUPERIS AS MOOT - Signed by JUDGE JILL A. OTAKE on 9/30/2019. "In accordance with the foregoing, the Court DISMISSES this action and DENIES Plaintiff's IFP Application as moot." (jo)
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| COURT'S CERTIFICATE of Service - a copy of #17 ORDER (1) DISMISSING ACTION AND (2) DENYING APPLICATION TO PROCEED IN FORMA PAUPERIS AS MOOT was served by email on September 30, 2019 to Orighoye Dennis Iyonsi to the following email address: orighoye.dennis@gmail.com. (jo) |
| Filing 16 SECOND AMENDED COMPLAINT against Honolulu Police Department - filed by Orighoye Dennis Iyonsi. (emt, ) |
| Filing 15 SERVICE BY EMAIL CONSENT - by Orighoye Dennis Iyonsi. (emt, ) |
| Filing 14 EO: Plaintiff previously indicated that he would check the attorney court jackets in the Clerk's office for filings in this case. The Court has learned that Plaintiff's ability to physically access the courthouse has been affected by issues related to his ability to obtain his IDs. Because Plaintiff has no mailing address and appears to have difficult accessing the courthouse, the Court is limited to serving him by email. Plaintiff is directed to submit written consent to service by email if he is agreeable. Local Rule 81.1(d)(1) ("Self-represented litigants may agree to receive e-mail service of all documents filed electronically, whether filed by the clerk or by registered users. Consent must be in writing and filed in the record of the case."). Plaintiff is reminded that he is obligated to provide the Court with current contact information so that he may be served with court filings. Local Rule 83.1(e). (JUDGE JILL A. OTAKE)(shm) |
| Filing 13 EO: Plaintiff has sent email correspondence to the Courtroom Manager inquiring about how to proceed with his case. However, "[s]elf-represented litigants must not informally communicate with the presiding judge or chambers staff by letter, telephone, or electronic means." Local Rule 81.1(f). Moreover, neither the Court nor chambers staff will provide advice about how a litigant should proceed and/or what steps must be taken to comply with Court orders. Plaintiff should carefully read the Court's orders to ensure that he complies with all instructions and deadlines. (JUDGE JILL A. OTAKE)(shm) |
| COURT'S CERTIFICATE of Service - a copy of #13 Minute Order and #14 Minute Order was served by email on September 25, 2019 to Orighoye Dennis Iyonsi to the following email address: orighoye.dennis@gmail.com. (emt, ) |
| AMENDED COURT'S CERTIFICATE of Service - a copy of #12 Minute Order was served by email on September 23, 2019 to Orighoye Dennis Iyonsi to the following email address: orighoye.dennis@gmail.com. (emt, ) Modified on 9/25/2019 (emt, ). |
| Filing 12 EO: On 9/4/19, Plaintiff filed a document titled #10 "Opposition Motions to Order of Dismissal and Denial of In Forma Pauperis," setting forth a number of largely incomprehensible challenges and/or responses to the Court's 8/29/19 Order (1) Dismissing Complaint and (2) Denying Application to Proceed In Forma Pauperis ("Order"). To the extent the document could be construed as a motion for reconsideration of the Order, Plaintiff has not provided any factual or legal bases for relief. A "motion for reconsideration must demonstrate some reason why the Court should reconsider its prior decision [and] must set forth facts or law of a 'strongly convincing' nature to induce the court to reverse its prior decision." Jacob v. United States, 128 F. Supp. 2d 638, 641 (D. Haw. 2000) (citing Decker Coal Co. v. Hartman, 706 F. Supp. 745, 750 (D. Mont. 1988)) (citation omitted). Mere disagreement with a court's analysis in a previous order is not a sufficient basis for reconsideration. White v. Sabatino, 424 F. Supp. 2d 1271, 1274 (D. Haw. 2006) (citing Leong v. Hilton Hotels Corp., 689 F. Supp. 1572 (D. Haw. 1988)); Haw. Stevedores, Inc. v. HT & T Co., 363 F. Supp. 2d 1253, 1269 (D. Haw. 2005). Plaintiff's document contains no facts or law of a strongly convincing nature to convince the Court to reverse its ruling in the Order. Significantly, the Court granted him leave to file a second amended complaint and to submit another IFP Application. Other than the claims that were futile--such as claims based on criminal statutes and those based on legal provisions Plaintiff is not authorized to enforce--Plaintiff has an opportunity to cure the defects identified in the Order. Plaintiff is reminded that the U.S. District Court for the District of Hawaii is a federal trial court. It is not an appellate court, nor does it have any relationship to the state courts. All future references to the court should accurately identify its proper title and may not reference "The State of Hawai'i Court of Appeals for the Federal District Circuit Court" which does not exist. Plaintiff should also refrain from including the phrase "Brief for the United States as Amicus Curiae" anywhere on his filings. Plaintiff is a party to this action, not an amicus, which is a non-party. Also before the Court is another #11 IFP Application. The Court will address the IFP Application if and/or when Plaintiff files a second amended complaint. Plaintiff is again cautioned that his failure to comply with the Order in all respects will result in the dismissal of this action. (JUDGE JILL A. OTAKE)(shm) |
| COURT'S CERTIFICATE of Service - a copy of the #12 Minute Order shall be left for Plaintiff Orighoye Dennis Iyonsi at the Clerk's Office front counter. The Plaintiff is requested to acknowledge receipt of the Minute Order by signing the "Acknowledgment of Receipt of Documents" form and returning the acknowledgment to the Clerk's Office front counter. (emt, ) |
| Filing 11 APPLICATION to Proceed in District Court Without Prepaying Fees of Costs - by Petitioner Orighoye Dennis Iyonsi. (emt, ) |
| Filing 10 OPPOSITION to #8 Order of Complaint Dismissal and Denial of Informa Pauperis - filed by Orighoye Dennis Iyonsi. (emt, ) |
| Filing 9 ACKNOWLEDGEMENT OF RECEIPT OF DOCUMENTS as to #8 ORDER (1) DISMISSING COMPLAINT AND (2) DENYING APPLICATION TO PROCEED IN FORMA PAUPERIS - by Orighoye Dennis Iyonsi. (emt, ) |
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Filing 8
ORDER (1) DISMISSING COMPLAINT AND (2) DENYING APPLICATION TO PROCEED IN FORMA PAUPERIS re #3 , #5 - Signed by JUDGE JILL A. OTAKE on 8/29/2019. In accordance with the foregoing, Court: (1) DISMISSES the Complaint with leave to amend and (2) DENIES Plaintiff's IFP Application. If Plaintiff elects to file an amended complaint, he must comply with the following requirements: (1) Plaintiff's deadline to file an amended complaint is September 27, 2019 ; (2) Plaintiff's amended complaint should be titled Second Amended Complaint; (3) Plaintiff must cure the deficiencies identified above; and (4) Plaintiff must file an IFP Application with the amended complaint or pay the applicable filing fee. Plaintiff is cautioned that failure to timely file an amended pleading that conforms with this Order and file an IFP Application or pay the applicable filing fee will result in the automatic dismissal of this action. (emt, )
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| Filing 7 Scheduling Conference Statement - by Orighoye Dennis Iyonsi. (emt, ) |
| Filing 6 (Proposed) Summons - submitted by Orighoye Dennis Iyonsi. (emt, ) |
| Filing 5 [AMENDED COMPLAINT ] ("Brief for the United States as Amicus Curiae") re #1 - by Orighoye Dennis Iyonsi. (emt, ) Modified on 8/28/2019 (emt, ). |
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Filing 4
Order Setting Rule 16 Scheduling Conference is set for 09:30AM on 10/7/2019 before MAGISTRATE JUDGE KENNETH J. MANSFIELD - Signed by CHIEF JUDGE J. MICHAEL SEABRIGHT on 8/12/2019. (Attachments: #1 Memo from Clerk Re: Corporate Disclosure Statements) (emt, )
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| Filing 3 APPLICATION to Proceed in District Court Without Prepaying Fees or Costs - by Petitioner Orighoye Dennis Iyonsi. (emt, ) |
| Filing 2 CIVIL Cover Sheet - by Orighoye Dennis Iyonsi. (emt, ) |
| Filing 1 COMPLAINT ("Brief for the United States as Amicus Curiae") against Honolulu Police Department - filed by Orighoye Dennis Iyonsi. (emt, ) |
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