Gilroy v. State of Hawaii et al
| William Gilroy |
| Amy M. Murikami, Melvin H. Fujino, Clare E. Connors, Paul R. Mow and State of Hawaii |
| 1:2019cv00479 |
| September 4, 2019 |
| US District Court for the District of Hawaii |
| J MICHAEL SEABRIGHT |
| ROM TRADER |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 1441 |
| None |
Docket Report
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| Filing 10 EO: On October 28, 2019, Plaintiff William Gilroy filed a "Motion to reconsider or Motion to appeal 'Order of Remand' dated 9-24-19A.D." ECF No. #8 . As set forth in the September 24, 2019 Order of Remand, Plaintiff's attempt to remove a state criminal action to this court failed because such removal is not authorized by federal removal statutes. See ECF No. #5 at PageID #16-20.A motion for reconsideration requires a showing (1) of newly discovered evidence, (2) that the court committed clear error or the initial decision was manifestly unjust, (3) of an intervening change in controlling law, or (4) of other, highly unusual, circumstances warranting reconsideration. Sch. Dist. No. 1J, Multnomah Cty., Or. v. ACandS, Inc., 5 F.3d 1255, 1263 (9th Cir. 1993) (citation omitted). Reconsideration is "an extraordinary remedy, to be used sparingly in the interests of finality and conservation of judicial resources." Kona Enters., Inc. v. Estate of Bishop, 229 F.3d 877, 890 (9th Cir. 2000) (citation and internal quotation marks omitted). "Mere disagreement with a previous order is an insufficient basis for reconsideration." Haw. Stevedores, Inc. v. HT & T Co., 363 F. Supp. 2d 1253, 1269 (D. Haw. 2005) (citation omitted).To the extent Plaintiff seeks reconsideration, he has failed to meet this standard; therefore, the court DENIES reconsideration. To the extent Plaintiff seeks to appeal the Order of Remand, the Clerk of Court is DIRECTED to forward the appeal to the Ninth Circuit. (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) |
| COURT'S CERTIFICATE of Service - a copy of #8 Motion for Reconsideration and #9 Notice of Change of Address has been served by First Class Mail on October 29, 2019 to the address of record to William Gilory at Kona Community Hospital. (jo) |
| Filing 9 NOTICE of Change of Address - by William Gilroy (Attachments: #1 Mailing Envelope) (jo)COURT'S 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 8 MOTION to Reconsider or Motion to Appeal "Order of Remand" dated 9/24/2019 A.D. re #5 - by Plaintiff William Gilroy (Attachments: #1 Transmittal Letter, #2 Mailing Envelope) (jo) |
| Filing 7 ACKNOWLEDGEMENT OF SERVICE Executed as to #5 Order of Remand and #6 Letter, to the Circuit Court of the Third Circuit, State of Hawai'i. (apg, ) |
| Filing 6 Letter to Circuit Court of the Third Circuit, State of Hawaii re: #5 ORDER OF REMAND, dated September 24, 2019 (jo) |
Filing 5
ORDER OF REMAND - Signed by CHIEF JUDGE J. MICHAEL SEABRIGHT on 9/24/2019. "Gilroy's Notice is DISMISSED and this action is REMANDED to the Circuit Court of the Third Circuit, State of Hawaii. Any pending motions are DENIED. The Clerk of Court is DIRECTED to close the file and terminate this action." (jo)COURT'S CERTIFICATE of Service - A copy of this Order was sent to William Gilroy by First Class Mail to the address of record listed on the Notice of Electronic Filing (NEF)
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| Filing 4 Filing Fee Received: $400.00; Receipt number HI027285 (jo) |
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Filing 3
Order Setting Rule 16 Scheduling Conference for 09:00 AM on 11/4/2019 before MAGISTRATE JUDGE ROM TRADER - Signed by CHIEF JUDGE J. MICHAEL SEABRIGHT on 9/4/2019. (Attachments: #1 Memo from Clerk Re: Corporate Disclosure Statement) (jo)COURT'S CERTIFICATE of Service - William Gilroy will be served by First Class Mail to the address 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 9/4/2019. (jo)COURT'S CERTIFICATE of Service - William Gilroy will be served by First Class Mail to the address of record listed on the Notice of Electronic Filing (NEF)
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| Filing 1 NOTICE OF REMOVAL by William Gilroy from State of Hawaii, Third Circuit, case number 3CPC-18-1-0000893 - filed by William Gilroy. (Attachments: #1 "Writ Habeas Corpus", #2 Transmittal Letter) (jo) (Additional attachment(s) added on 9/6/2019: #3 Mailing Envelope / Return Envelope for the Court) (jo) |
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