Ybarra v. Mee et al
| Pedro Natividad Ybarra, III |
| Marieta Momi'i, Debra Karraker, Dr. Sisar Paderes, Nolan Espinda, Dr. Barney Toyama, Dr. Miriam Chang, Scott Harrington, Wesley Mun, Courtney Tanigawa, Dr. John Frauens, Caroline Mee, Tina Agaran, Gavin Takenaka and Deane Hatakeyama |
| Laurie Nadamoto and Shelley Harrington |
| 1:2020cv00167 |
| April 16, 2020 |
| US District Court for the District of Hawaii |
| LESLIE E KOBAYASHI |
| WES REBER PORTER |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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This docket was last retrieved on October 16, 2020. A more recent docket listing may be available from PACER.
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| Filing 14 CLERK'S JUDGMENT entered on 10/16/2020 pursuant to ECF No. #13 ORDER DISMISSING SECOND AMENDED COMPLAINT AND ACTION PURSUANT TO 28 U.S.C. 1915(e)(2) AND 1915A(b)(1). (emt, )COURT'S CERTIFICATE of Service - Pedro Natividad Ybarra, III shall be served by First Class Mail to the address of record listed on the Notice of Electronic Filing (NEF) on October 16, 2020. |
Filing 13
ORDER DISMISSING SECOND AMENDED COMPLAINT AND ACTION PURSUANT TO 28 U.S.C. 1915(e)(2) AND 1915A(b)(1) re #11 - Signed by JUDGE LESLIE E. KOBAYASHI on 10/15/2020. The Second Amended Complaint is DISMISSED pursuant to 28 U.S.C. 1915(e)(2) and 1915A(b)(1) for Ybarra's failure to state a colorable claim for relief. Because Ybarra has had three opportunities to state a colorable claim for relief and is unable to do so, this dismissal is with prejudice and may later constitute a strike under 28 U.S.C. 1915(g). The Clerk is DIRECTED to enter judgment and terminate this case. (emt, )COURT'S CERTIFICATE of Service - Pedro Natividad Ybarra, III shall be served by First Class Mail to the address of record listed on the Notice of Electronic Filing (NEF) on October 16, 2020.
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| Filing 12 NOTICE of Change of Address - by Pedro Natividad Ybarra, III. (emt, ) |
| Filing 11 SECOND AMENDED PRISONER CIVIL RIGHTS COMPLAINT against Tina Agaran, Miriam Chang, Nolan Espinda, John Frauens, Scott Harrington, Deane Hatakeyama, Debra Karraker, Caroline Mee, Marieta Momi'i, Wesley Mun, Sisar Paderes, Gavin Takenaka, Courtney Tanigawa, Barney Toyama - filed by Pedro Natividad Ybarra, III. (Attachments: #1 Transmittal Letter, dated September 17, 2020, #2 Mailing Documentation) (emt, ) |
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Filing 10
ORDER DISMISSING FIRST AMENDED COMPLAINT AND ORDER TO SHOW CAUSE re #8 - Signed by JUDGE LESLIE E. KOBAYASHI on 8/10/2020. (1) The First Amended Complaint is DISMISSED pursuant to 28 U.S.C. 1915(e)(2) & 1915A(b)(1) for Ybarra's failure to state a colorable claim for relief. Specifically, Ybarra's claims alleged against Defendants Dr. Caroline Mee, Wesley Mun, Warden Scott Harrington, former Warden Nolan Espinda, MarietaMomi'i, Tina Agaran, and Gavin Takenaka are DISMISSED WITH PREJUDICE. Ybarra's claims alleged against Defendants Dr. Deane Hatakayama, Debra Karraker, Dr. Sisar Paderes, Dr. Miriam Chang, Dr. Barney Toyama, Dr. John Frauens, and Courtney Tanigawa are DISMISSED WITHOUT PREJUDICE, and leave granted to amend. (2) Ybarra may file an amended pleading on or before October 5, 2020. Failure to file a timely amended pleading that cures the deficiencies in the Complaint will likely result in automatic dismissal of this action without further notice and Ybarra may incur a strike pursuant to 28 U.S.C. 1915(g). (3) Ybarra is ORDERED TO SHOW CAUSE on or before October 5, 2020, explaining why his claims are not time-barred. (4) The Clerk is DIRECTED to send Ybarra a prisoner civil rights complaint form so that he may comply with the directions of this Order. ( Show Cause Response due by 10/5/2020.) (emt, )COURT'S CERTIFICATE of Service - Pedro Natividad Ybarra, III served by First Class Mail to the address of record listed on the Notice of Electronic Filing (NEF) on August 10, 2020. A blank prisoner civil rights complaint form and its instructions shall be included in the mailing to Mr. Ybarra.
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| Filing 9 NOTICE of Change of Address - by Pedro Natividad Ybarra, III. (CV 20-00079 JMS-KJM; CV 20-00167 LEK-WRP) (Attachments: #1 Mailing Documentation) (emt, ) |
| Filing 8 FIRST AMENDED PRISONER CIVIL RIGHTS COMPLAINT against Tina Agaran, Miriam Chang, Nolan Espinda, John Frauens, Scott Harrington, Deane Hatakeyama, Debra Karraker, Caroline Mee, Marieta Momi'i, Wesley Mun, Sisar Paderes, Gavin Takenaka, Courtney Tanigawa, Barney Toyama - filed by Pedro Natividad Ybarra, III. (Attachments: #1 Transmittal Letter from Pedro Natividad Ybarra III, #2 Mailing Documentation) (emt, ) |
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Filing 7
ORDER DISMISSING COMPLAINT WITH LEAVE TO AMEND AND DENYING MOTIONS re #1 , #4 , #5 - Signed by JUDGE LESLIE E. KOBAYASHI on 5/22/2020. (1) The Complaint is DISMISSED pursuant to 28 U.S.C. 1915(e)(2) & 1915A(b)(1) for Ybarra's failure to state a colorable claim for relief. (2) Ybarra's "Motion for with Leave to Amend," ECF No. 4, and "Motion for Court to Allow Counts 8 thru 14 to be Heard when Statute of Limitation has Expired," ECF No. 5, are DENIED. (3) Ybarra may file an amended pleading on or before July 17, 2020. Failure to file a timely amended pleading that cures the deficiencies in the Complaint 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). (4) The Clerk is DIRECTED to send Ybarra 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 - Pedro Natividad Ybarra, III shall served by First Class Mail to the address of record listed on the Notice of Electronic Filing (NEF) on May 26, 2020. A copy of the Court's Prisoner Civil Rights Complaint form and instructions shall be included in the mailing to Mr. Ybarra.
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Filing 6
ORDER GRANTING IN FORMA PAUPERIS APPLICATION AND DENYING MOTION FOR APPOINTMENT OF COUNSEL re #2 , #3 - Signed by MAGISTRATE JUDGE WES REBER PORTER on 4/20/2020. (emt, )COURT'S CERTIFICATE of Service - Pedro Nativada Ybarra, III served by First Class Mail to the address of record listed on the Notice of Electronic Filing (NEF) on April 20, 2020. A copy of the order shall be served by First Class Mail to the Warden and Financial Office of Halawa Correctional Facility, at Halawa Correctional Facility, 99-902 Moanalua Rd Aiea, HI 96701 on April 20, 2020. The order shall be served to DPS Litigation Coordinators Shelley Nobriga Harrington, Esq. and Laurie Nadamoto, Esq., and the Financial Department for the District of Hawaii electronically on April 20, 2020.
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| Filing 5 MOTION for Court to Allow Counts 8 Thru 14 to be Heard When Statute of Limitation has Expired - by Plaintiff Pedro Natividad Ybarra, III. (emt, ) |
| Filing 4 MOTION for With Leave to Amend - by Plaintiff Pedro Natividad Ybarra, III. (emt, ) |
| Filing 3 MOTION for Appointment of Counsel - by Plaintiff Pedro Natividad Ybarra, III. (emt, ) |
| Filing 2 APPLICATION to Proceed In Forma Pauperis by a Prisoner - by Plaintiff Pedro Natividad Ybarra, III. (emt, ) |
| Filing 1 PRISONER CIVIL RIGHTS COMPLAINT; Jury Trial Demanded against All Defendants - filed by Pedro Natividad Ybarra, III. (Attachments: #1 Mailing Documentation) (emt, ) |
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