Presti v. Warden of Waiawa Correctional Facility et al
Plaintiff: Cody Joseph Presti
Defendant: Warden of Waiawa Correctional Facility, Scott O. Harrington, Teresa Miike and Sean Ornellas
Interested Party: Shelley Harrington and Laurie Nadamoto
Case Number: 1:2020cv00153
Filed: April 9, 2020
Court: US District Court for the District of Hawaii
Office: Hawaii Office
Presiding Judge: LESLIE E KOBAYASHI
Referring Judge: KENNETH J MANSFIELD
Nature of Suit: Prisoner: Civil Rights
Cause of Action: 42:1983
Jury Demanded By: None
Docket Report

This docket was last retrieved on June 15, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
May 29, 2020 Filing 9 FIRST AMENDED PRISONER CIVIL RIGHTS COMPLAINT against Sean Ornellas, Teresa Miike, Scott O. Harrington - filed by Cody Joseph Presti. (Attachments: #1 Mailing Documentation) (emt, )
May 20, 2020 Opinion or Order Filing 8 ORDER DISMISSING COMPLAINT WITH LEAVE TO AMEND re #1 - Signed by JUDGE LESLIE E. KOBAYASHI on 5/20/2020. (1) The Complaint is DISMISSED pursuant to 28 U.S.C. 1915(e)(2) & 1915A(b)(1) for Plaintiff's failure to state a colorable claim for relief. Plaintiff's claims against official capacity Defendants and for prospective injunctive relief are dismissed with prejudice. All other claims are dismissed with leave granted to amend. (2) Plaintiff may file an amended pleading on or before July 1, 2020. Failure to file a timely amended pleading that cures the deficiencies in Plaintiff's claims may result in dismissal of this action with prejudice and without further notice and incur a strike pursuant to 28 U.S.C. 1915(g). The Clerk is DIRECTED to send Plaintiff a prisoner civil rights complaint form so that he may comply with the directions of this Order if he elects to amend his pleadings. (emt, )COURT'S CERTIFICATE of Service - Cody Joseph Presti shall be served by First Class Mail to the address of record listed on the Notice of Electronic Filing (NEF) on May 20, 2020. A copy of the Court's Prisoner Civil Rights Complaint form and its instructions shall be included in the mailing to Mr. Presti.
April 29, 2020 Filing 7 EO: Plaintiff's Notice of Change of Address; Identification of Doe Defendant; Request for Distribution of Copies to Chambers; Request that Court Not Enter Default Judgment against Plaintiff [ECF No. #6 ]. Plaintiff's change of address has been noted on the docket and his requests have been electronically forwarded to the appropriate judicial chambers. Plaintiff is advised that he need not provide copies of documents that he files for distribution to court officers. The Clerk will also provide Plaintiff with one file-stamped copy of each document that he files. The Clerk is DIRECTED to add "Sean Ornellas" to the docket, as identification for Defendant Warden of Waiawa Correctional Facility. Finally, Plaintiff's request that the court decline to enter default judgment is DENIED. The Court has not screened the Complaint pursuant to 28 U.S.C. 1915(e)(1) and 1915A(a), and until that occurs and service is directed, the Court will take no action on motions filed herein. Moreover, Plaintiff's motion is legally frivolous. See Fed. R. Civ. P. 55. IT IS SO ORDERED. (JUDGE LESLIE E. KOBAYASHI) (emt, )COURT'S CERTIFICATE of Service - Cody Joseph Presti shall be served by First Class Mail to the address of record listed on the Notice of Electronic Filing (NEF) on April 30, 2020.
April 20, 2020 Filing 6 SUPPLEMENTARY INFORMATION for 42 U.S.C. 1983 SUIT; REQUEST THAT COURT NOT ENTER: DEFAULT JUDGMENT AGAINST PLAINTIFF; REQUEST FOR AID IN COPYING DOCUMENT; STATEMENT OF PLAINTIFF; (Notice of Change of Address) - by Plaintiff Cody Joseph Presti. (Attachments: #1 Mailing Documentation) (emt, )
April 10, 2020 Opinion or Order Filing 5 ORDER GRANTING IN FORMA PAUPERIS APPLICATION re: #2 - Signed by MAGISTRATE JUDGE KENNETH J. MANSFIELD on 4/10/2020. (jo)COURT'S CERTIFICATE OF SERVICE Order served electronically via Notice of Electronic Filing (NEF): Financial Department, USDC District of Hawaii, and Shelley Harrington, Esq. and Laurie Nadamoto, Esq., Hawaii Department of Public Safety Litigation Coordinators A copy of the instant Order will be served on April 13, 2020, by First Class Mail addressed to: Cody Joseph Presti A6067834 HALAWA CORRECTIONAL FACILITY 99-902 Moanalua Rd Aiea, HI 96701 HALAWA CORRECTIONAL FACILITY Attn: WARDEN 99-902 Moanalua Rd Aiea, HI 96701 HALAWA CORRECTIONAL FACILITY Attn: Financial Office 99-902 Moanalua Rd Aiea, HI 96701
April 9, 2020 Filing 3 Transmittal Letter from Cody Joseph Presti re ECF Nos. #1 , #2 . (emt, )
April 9, 2020 Filing 2 APPLICATION to Proceed in Forma Pauperis by a Prisoner - by Plaintiff Cody Joseph Presti. (emt, )
April 9, 2020 Filing 1 PRISONER CIVIL RIGHTS COMPLAINT against All Defendants - filed by Cody Joseph Presti. (Attachments: #1 Exhibit I, #2 Exhibit II (RESTRICTED) , #3 Exhibit III, #4 Mailing Documentation) (emt, ) Modified on 4/9/2020 Exhibit II is restricted to "case participants" and the Court due to the disclosure of personal identifiers (emt, ).

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Defendant: Warden of Waiawa Correctional Facility
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Defendant: Scott O. Harrington
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Defendant: Teresa Miike
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Defendant: Sean Ornellas
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Plaintiff: Cody Joseph Presti
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Interested party: Shelley Harrington
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Interested party: Laurie Nadamoto
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