Eline v. Espinda
| Richard Eline |
| Nolan Espinda |
| Laurie Nadamoto and Shelley Harrington |
| 1:2020cv00084 |
| February 21, 2020 |
| US District Court for the District of Hawaii |
| KENNETH J MANSFIELD |
| SUSAN OKI MOLLWAY |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 |
| None |
Docket Report
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| Filing 10 USCA Case Number: 20-15625 as to #9 Notice of Appeal, filed by Richard Eline (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 9 NOTICE OF APPEAL as to 7 Entering Order and #8 Clerk's Judgment, by Richard Eline (Filing Fee $505 DUE) (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 CLERK'S JUDGMENT entered on 3/20/2020 pursuant to 7 . (cib)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 7 EO: On February 27, 2020, the court issued an Order to Pay the Civil Filing Fee on or before March 20, 2020 ('February 27 Order') [ECF #3 ]. The February 27 Order found that Plaintiff has accrued three strikes pursuant to 28 U.S.C. 1915(g), and his pleadings do not indicate that he was in imminent danger of serious physical injury when he brought this action or show a nexus between his allegations and such imminent danger. [ECF #3 at #13]. The court also found that the Complaint failed to state a colorable claim for relief. On March 16, 2020, Plaintiff filed: (1) an Application to Proceed In Forma Pauperis by a Prisoner [ECF #4 ]; (2) a Motion to have Judge Susan Mollway Recused [ECF #5 ]; and (3) a Motion for Appointment of Counsel [ECF #6 ]. Plaintiff did not submit the civil filing fee. A judge is required to recuse under 28 U.S.C. 455(b) when he or she "has a personal bias or prejudice concerning a party." Recusal is required when "a reasonable person with knowledge of all the facts would conclude that the judges impartiality might reasonably be questioned." United States v. Studley, 783 F.2d 934, 939 (9th Cir. 1986); see also United States v. Holland, 519 F.3d 909, 913 (9th Cir. 2008) (stating, a "reasonable person" is neither "hypersensitive or unduly suspicious") (quotations omitted). Prior "judicial rulings alone almost never constitute a valid basis for a bias or partiality motion," unless they display a deep-seated favoritism or antagonism that would make fair judgment impossible." Likety v. United States, 510 U.S. 540, 555 (1994). Plaintiff's does not dispute that he has accrued three strikes, or that he fails to show that he is in imminent danger of serious physical injury. Rather, he alleges that the February 27 Order "Is Discriminatory and Either Implies Extortion or Intimidating Remarks by a Known Homosexual." [Mot., ECF #5 at #18]. Plaintiff does not explain the basis for this assertion, and he fails to show evidence of this court's favoritism to Defendant or antagonism to himself. Plaintiffs Motion for Recusal [ECF #5 ] is based solely on his own unreasonable interpretation of the February 27 Order's rulings and is DENIED. Plaintiff's Application to Proceed In Forma Pauperis by a Prisoner [ECF #4 ] is DENIED for the reasons set forth in the February 27 Order, and because it is incomplete. This action is DISMISSED without prejudice for Plaintiff's failure to pay the civil filing fee on or before March 20, 2020. Plaintiff's Motion for Appointment of Counsel and any other pending motions are DENIED. The Clerk SHALL enter judgment and close this case. The court will take no action on documents filed herein that are unaccompanied by the filing fee, beyond processing a notice of appeal. IT IS SO ORDERED. (JUDGE SUSAN OKI MOLLWAY)(cib)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 Clerk's Judgment, 7 Order on Motion for Leave to Proceed in forma pauperis, has been served by First Class Mail to the addresses of record on Richard Eline. Registered Participants of CM/ECF received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). (cib) |
| Filing 6 MOTION For Appointment of Attorney - filed by Plaintiff Richard Eline (Attachments: #1 Mailing Envelope) (jo) |
| Filing 5 MOTION To Have Judge Susan Mollway Recused - filed by Plaintiff Richard Eline (Attachments: #1 Mailing Envelope) (jo) |
| Filing 4 APPLICATION To Proceed In Forma Pauperis By A Prisoner - filed by Plaintiff Richard Eline (Attachments: #1 Mailing Envelope) (jo) |
| COURT'S CERTIFICATE of Service - a copy of #3 Order, has been served by First Class Mail to the addresses of record on Richard Eline. Registered Participants of CM/ECF received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). (cib) |
Filing 3
ORDER To Pay The Civil Filing Fee On or Before March 20, 2020 re #1 .Eline may not proceed in forma pauperis in this action. He is ORDERED to submit the civil filing fee on or before March 20,2020, as directed in the February 21, 2020 Deficiency Order. Failure to pay the full filing fee on or before March 20, 2020, shall result in DISMISSAL of this action without prejudice to Eline's refiling these claims in a new action with concurrent payment of the civil filing fee. The court will take no action on any documents filed in this case beyond processing a notice of appeal until Eline has paid the civil filing fee in full. Signed by JUDGE SUSAN OKI MOLLWAY on 2/27/2020. (cib)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 2
DEFICIENCY ORDER - Signed by CHIEF JUDGE J. MICHAEL SEABRIGHT on 2/21/2020. (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)
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| Filing 1 PRISONER CIVIL RIGHTS COMPLAINT against Nolan Espinda - filed by Richard Eline (Attachments: #1 Mailing Envelope) (jo) |
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