Smith v. H.C.F. Medical Unit D.P.S et al
| Scott Smith |
| John Doe's, Dr. Kevin Maguire, Dr. Deane Hatakeyama and H.C.F. Medical Unit D.P.S. |
| Shelley Harrington and Laurie Nadamoto |
| 1:2019cv00600 |
| October 30, 2019 |
| US District Court for the District of Hawaii |
| KENNETH J MANSFIELD |
| JILL A OTAKE |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 |
| None |
Docket Report
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| Filing 36 EO: Plaintiff's "Instant Alternative Motion and Request for Stay Until Pro Bono Counsel is Appointed," ECF #35 , is DISMISSED as moot pursuant to the 12/11/2019 Entering Order, ECF 34 . (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 35 MOTION- INSTANT ALTERNATIVE MOTION and REQUEST FOR STAY until Pro Bono Counsel is Appointed, by Plaintiff Scott Smith. (apg, ) |
| Filing 34 EO: The Court has reviewed #31 RESPONSE on Status Report by Plaintiff for Temporary Restraining Order and Preliminary Injunction. In light of Plaintiff's response, the stay of Plaintiff's motion for a temporary restraining order and a preliminary injunction will remain in place until pro bono counsel is appointed and requests lifting of the stay. However, if pro bono counsel has not been appointed by January 10, 2020, the Court will reassess the status of the stay and may lift the stay. (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 33 EO: Plaintiff's Application to Proceed in Forma Pauperis by a Prisoner [ECF 32] is DENIED as moot per the 12/09/2019 Order, ECF 30. IT IS SO ORDERED. (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 32 APPLICATION to Proceed in Forma Pauperis by a Prisoner - by Plaintiff Scott Smith. (Attachments: #1 Mailing Documentation) (emt, ) |
| Filing 31 RESPONSE on Status Report by Plaintiff for Temporary Restraining Order and Preliminary Injunction re #28 - filed by Scott Smith. (Attachments: #1 Mailing Documentation) (emt, ) |
Filing 30
ORDER GRANTING IN FORMA PAUPERIS APPLICATION re #29 - Signed by MAGISTRATE JUDGE KENNETH J. MANSFIELD on 12/9/2019. Plaintiff has paid $50.00 in excess of the civil filing fee imposed on prisoners proceeding in forma pauperis, and the Clerk of Court is DIRECTED to refund that amount to Plaintiff. (emt, )COURT'S CERTIFICATE of Service - Scott Smith shall be served by First Class Mail to the address of record listed on the Notice of Electronic Filing (NEF) on December 9, 2019. The Finance Department for the District of Hawaii was served electronically.
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| Filing 29 APPLICATION to Proceed in Forma Pauperis by a Prisoner - by Plaintiff Scott Smith. (Attachments: #1 Transmittal Letter to Clerk from Plaintiff Scott Smith, dated December 3, 2019, #2 Mailing Documentation) (emt, ) |
| Filing 28 EO: Per the Court's November 20, 2019 EO, Plaintiff's motion for a temporary restraining order and preliminary injunction ("Motion") has been stayed until the appointment of pro bono counsel. The case has been referred to the Civil Pro Bono Panel, but pro bono counsel has not yet been appointed. Although the Court maintains its position from the November 19, 2019 hearing that it is in laintiff's best interest to have the assistance of pro bono counsel, there is no right to appointment of counsel in a civil case and the Court cannot force an attorney to appear pro bono. Given the emergency relief that Plaintiff has requested, and the uncertainty regarding whether pro bono counsel will eventually be appointed, the Court has determined that a status report on Plaintiff's Motion is necessary. The Court therefore ORDERS Plaintiff to complete the attached form and indicate whether the stay should remain in place until pro bono counsel is appointed and requests lifting of the stay, but no later than January 10, 2020; whether he requests that the Court lift the stay and proceed on the Motion without the assistance of pro bono counsel; or whether he requests alternative relief. Plaintiff shall complete and file the attached form with the Court no later than December 11, 2019. Department of Public Safety Litigation Coordinator Shelley Harrington shall ensure Plaintiff receives a copy of this EO and the attached form by December 6, 2019. (Attachments: #1 Main Document Status Report on Plaintiff's Motion for TRO/PI) (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 on 12/5/2019. (NEF) |
| Filing 27 Letter addressed to Clerk from Plaintiff Scott Smith, Re: RESPONSE re #24 ORDER DENYING IN FORMA PAUPERIS APPLICATION - filed by Scott Smith. (Attachments: #1 Mailing Documentation) (emt, ) |
| Filing 25 EP: STATUS CONFERENCE held.Status conference held between Magistrate Judge and Department of Public Safety Litigation Coordinator Shelley Harrington regarding logistics for (i) any attorney-client meetings with Mr. Smith; (ii) future court hearings; and (iii) settlement conferences. (KJM Chambers 9:30 - 10:00.) (MAGISTRATE JUDGE KENNETH J. MANSFIELD)(bbb)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 24
ORDER DENYING IN FORMA PAUPERIS APPLICATION re #12 - Signed by JUDGE JILL A. OTAKE on 11/21/2019. Plaintiff's Application to Proceed In Forma Pauperis by a Prisoner is DENIED as incomplete. He may file a fully completed IFP application on or before December 16, 2019. The Clerk is DIRECTED to send Plaintiff another Application to Proceed In Forma Pauperis by a Prisoner so that he can comply with this Order. (emt, )COURT'S CERTIFICATE of Service - Scott Smith shall be served by First Class Mail to the address of record listed on the Notice of Electronic Filing (NEF) on November 21, 2019. A copy of the Court's Application to Proceed in Forma Pauperis by a Prisoner form and its instructions shall be included in the mailing to Mr. Smith.
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| Filing 23 EO: Upon the appearance of pro bono counsel, such counsel is DIRECTED to inform the Court and Defendants regarding which portions of Plaintiff's supplemental filings (ECF Nos. 14-18) are intended to be treated as: (a) a supplemental declaration in support of #2 Motion for a Temporary Restraining Order and Preliminary Injunction, (b) legal argument in support of #2 Motion for a Temporary Restraining Order and Preliminary Injunction; and/or (c) allegations of additional claims against Defendants. Pro bono counsel shall ensure that any portions intended to be treated as a supplemental declaration are properly sworn. (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) Modified on 11/20/2019 (shm, ). |
| Filing 22 EO: The Court STAYS Plaintiff's #2 Motion for a Temporary Restraining Order and Preliminary Injunction and #14 Motion for Immediate Cease and Desist Order for Prison Doctors Deane Hatakeyama, Kevin Maguire until pro bono counsel makes an appearance on behalf of Plaintiff. The Court will set a status conference upon counsel's appearance. Plaintiff shall not file any further motions, supplements, or documents pro se, unless directed to do so by the Court. (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 21 EO: Department of Public Safety Litigation Coordinator Shelley Harrington, Esq., is DIRECTED to attend an informal meeting with Magistrate Judge Kenneth J. Mansfield on Friday, November 22, 2019, at 9:30 a.m., in Magistrate Judge Mansfield's chambers. The purpose of this meeting is to discuss logistics and planning to facilitate telecommunications between the court and the Halawa Correctional Facility in this case. The parties and their representatives will not participate in this meeting. (MAGISTRATE JUDGE KENNETH J. MANSFIELD) (mansfield2)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 EP: Evidentiary Hearing on #2 Motion for Tempory [sic] Restraining Order and Preliminary Injunction not held. Plaintiff Scott Smith appeared pro se. Discussion held with Mr. Smith. Mr. Smith wishes to proceed with counsel. Evidentiary hearing on #2 Motion for Tempory [sic] Restraining Order and Preliminary Injunction to be rescheduled following the appointment of Pro Bono Panel Counsel. Mr. Smith need not attend the rescheduled hearing on the motion. Mr. Smith's typewritten responses to the Courts questions at the hearing are attached hereto. (Court Reporter Cynthia Fazio.) (Attachments: #1 Declaration Plaintiff's Typewritten Responses at the 11/19/2019 Hearing) (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) |
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Filing 19
AMENDED ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFF'S MOTION FOR THE APPOINTMENT OF COUNSEL AND REFERRING CASE TO THE CIVIL PRO BONO PANEL re #6 - Signed by MAGISTRATE JUDGE KENNETH J. MANSFIELD on 11/19/2019. (emt, )COURT'S CERTIFICATE of Service - Scott Smith shall be served by First Class Mail to the address of record listed on the Notice of Electronic Filing (NEF) on November 19, 2019. The order has been served electronically to the Pro Bono Panel. Registered Participants of CM/ECF received the order electronically to the email addresses listed on the Notice of Electronic Filing (NEF).
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| Filing 18 SUPPLEMENT Re: Calcium - by Scott Smith. (emt, ) |
| Filing 17 SUPPLEMENT Re: Medications Taken - by Scott Smith. (emt, ) |
| Filing 16 Plaintiff's REPLY to Defendants Opposition for #2 Temp Restraining Order and TRO - filed by Scott Smith. (emt, ) |
| Filing 15 Plaintiff's OPPOSITION of Defendant's Motion to Deny T.R.O. & Pre Injunction; Plaintiff's Answer to Defendant's Motion and Amend Declaration re #2 , #8 - filed by Scott Smith. (emt, ) |
| Filing 14 MOTION for Immediate Cease and Desist Order for Prison Doctors Deane Hatakeyama, Kevin Maguire; MOTION to Appoint Counsel (see page 3 of the filing) - by Plaintiff Scott Smith. (Attachments: #1 Exhibits (REDACTED)) (emt, ) (Additional attachment(s) added on 11/19/2019: #2 Exhibits (unredacted - restricted to case participants and the Court )) (emt, ). Modified on 11/19/2019 (emt, ). |
| Filing 13 Filing fee: $ 400, receipt number HI027704 re #1 Complaint. (emt, ) |
| Filing 12 APPLICATION to Proceed in Forma Pauperis by a Prisoner - by Plaintiff Scott Smith. (Attachments: #1 Transmittal Letter from Plaintiff Scott Smith, dated November 6, 2019, #2 Mailing Documentation) (emt, ) |
| Filing 11 REQUEST for Realtime Court Reporting Services re #2 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction (shm) |
| Filing 10 EO: The Court advises the parties that, at the hearing on the Motion for Temporary Restraining Order and Preliminary Injunction scheduled for Tuesday, November 19, the Court will treat the declarations attached to the pleadings as direct testimony, and will allow the parties to conduct cross examination and redirect examination of the declarants. The Court may also ask questions of the declarants. The Court therefore DIRECTS Defendants to ensure that Dr. Caroline M. Mee is present in court for the hearing and is available for such examination. (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 9 EO: Defendants shall ensure that Plaintiff receives a copy of #8 Defendants' Memorandum in Opposition to Plaintiff Scott Smith's Motion for a Temporary Restraining Order and a Preliminary Injunction no later than noon on Monday, November 18, 2019. (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 8 MEMORANDUM in Opposition to #2 Plaintiff Scott Smith's Motion for a Temporary Restraining Order and a Preliminary Injunction filed by H.C.F. Medical Unit D.P.S., Dr. Deane Hatakeyama, Dr. Kevin Maguire. (Attachments: #1 Declaration Declaration of Caroline M. Mee, #2 Certificate of Service)(Cruz, Skyler) Modified on 11/15/2019 to add linkage to underlying motion (emt, ). |
| Filing 7 EO: The Court is aware that Plaintiff's medical condition makes it difficult for him to speak. The Court thus determines that, in order for Plaintiff to participate in the hearing on his motion for a temporary restraining order and preliminary injunction, it is necessary for Plaintiff to be present in court for the hearing. The Court therefore ORDERS Defendants to make all necessary arrangements for Plaintiff to be present in court at the hearing. In light of the need to make these necessary arrangements, the hearing currently set for Monday, November 18, 2019 at 10:00 a.m. is CONTINUED to Tuesday, November 19, 2019 at 10:30 a.m.The parties should consult the Court's digital calendar on the hearing date for the courtroom assignment. (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) |
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Filing 6
ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFF'S MOTION FOR THE APPOINTMENT OF COUNSEL AND REFERRING CASE TO THE CIVIL PRO BONO PANEL re #3 - Signed by MAGISTRATE JUDGE KENNETH J. MANSFIELD on 11/8/2019. (emt, )COURT'S CERTIFICATE of Service - Scott Smith shall be served by First Class Mail to the address of record listed on the Notice of Electronic Filing (NEF) on November 12, 2019. The order has been served electronically to the Pro Bono Panel.
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| Filing 5 EO: Plaintiff Scott Smith has filed a Complaint #1 and a Motion for a Temporary Restraining Order and a Preliminary Injunction #2 . Plaintiff has not submitted the civil filing fee or an application to proceed in forma pauperis. Based on documents submitted with the Motion, the court PROVISIONALLY GRANTS Plaintiff's implied request to proceed in forma pauperis. Plaintiff SHALL complete the Court's Application to Proceed in forma pauperis by the deadline set forth in the Deficiency Order #4 entered in this case. Failure to do so may result in the dismissal of this action.The Clerk is DIRECTED to provide a copy of Plaintiff's Complaint and Motion to the Office of the Attorney General, Civil Rights Division; Hawaii Department of Public Safety Litigation Coordinator Laurie Nadamoto; and Shelley Harrington. The Court DIRECTS the Office of the Attorney General to file a Response to Plaintiff's Motion by Thursday, November 14, 2019. The Response shall address the alleged denial of adequate medical care and failure to protect Plaintiff from other inmates. Further briefing is not required. A hearing on the Motion is set for Monday, November 18, 2019 at 10:00 a.m. If the Court determines a hearing is not necessary based on the Response to Plaintiff's Motion, it will notify the parties. IT IS SO ORDERED.(tl, )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 4
DEFICIENCY ORDER - Signed by CHIEF JUDGE J. MICHAEL SEABRIGHT on 11/4/2019. (ens)COURT'S CERTIFICATE of Service - A copy of the order and a prisoner IFP application has been served by First Class Mail to the address of record for Scott Smith. (NEF)
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| Filing 3 MOTION for the Appointment of Counsel - by Plaintiff Scott Smith. (Attachments: #1 Mailing Documentation)(ens) |
| Filing 2 MOTION for a Temporary Restraining Order and Preliminary Injunction; Proposed Order to Show Cause and Temporary Restraining Order - by Plaintiff Scott Smith. (Attachments: #1 Declaration in Support of Plaitiff's Motion for a Temporary Restraing Order and Preliminary Injunction, #2 Memorandum of Law in Support of Plaintiff's Motion for a Temporary Restraining Order and Preliminary Injunction, #3 Mailing Documentation) (ens) |
| Filing 1 PRISONER CIVIL RIGHTS COMPLAINT against H.C.F. Medical Unit D.P.S., Dr. Deane Hatakeyama, John Doe's, Dr. Kevin Maguire, filed by Scott Smith. (Attachments: #1 Exhibits, #2 Mailing Documentation) Complaint in form of letter and supplemental documents. No IFP or payment submitted. (ens) Modified on 11/18/2019, see ECF No. #13 Filing fee: $ 400, receipt number HI027704 re #1 Complaint. (emt, ). |
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