Davies v. Heick et al
| Tobius Davies |
| Calvert Willeamson, Francis Sequeria and Sgt Lana Heick |
| 1:2020cv00173 |
| April 17, 2020 |
| US District Court for the District of Hawaii |
| LESLIE E KOBAYASHI |
| ROM TRADER |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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The following documents for this case are available for you to view or download:
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Filing
48
ORDER DISMISSING CASE FOR FAILURE TO PROSECUTE re 15 , 40 - Signed by JUDGE LESLIE E. KOBAYASHI on 3/24/2021. For the foregoing reasons and having fully considered the five factors indicated above, this action is DIS MISSED WITHOUT PREJUDICE to Plaintiff filing his claims in a new case. Defendants Lana Heck and Francis Sequeira's Motion for Partial Summary Judgment, filed February 9, 2021, is DENIED AS MOOT, and the hearing on the motion, curre ntly scheduled for April 2, 2021 at 10:30 a.m., is VACATED. The Clerk's Office is DIRECTED to close the case immediately. (emt, )COURT'S CERTIFICATE of Service - Tobius Davies served by First Class Mail to his last known address of record listed on the Notice of Electronic Filing (NEF) on March 24, 2021. Registered Participants of CM/ECF received the document electronically to the email addresses listed on the Notice of Electronic Filing (NEF).
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Filing
22
EO: Denying as Moot, Davies' MOTION 20 for a Status Conference.On 9/29/20, the Court issued an order dismissing the Second Amended Complaint in part and directing service. The Court mailed a copy of the order to Davies at his address of re cord. In light of Davies' 10/19/20 Motion for Status Update and Motion for Change of Address [Dkt. 20], the Clerk is directed to update Davies' address of record and mail another copy of the Court's 9/29/20 [Dkt. 17] order to Davies at his updated address of record. Davies' motion for a status update is DENIED as moot. IT IS SO ORDERED. (JUDGE LESLIE E. KOBAYASHI) (afe)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
17
ORDER DISMISSING SECOND AMENDED COMPLAINT IN PART AND DIRECTING SERVICE re 15 - Signed by JUDGE LESLIE E. KOBAYASHI on 9/29/2020. Plaintiff's First Amendment retaliation claim against Defendant Heick in Count I an d his First Amendment free-exercise claim against Warden Sequeira in Count III state a plausible claim for relief, shall be served, and require a response after service is perfected. Plaintiff's access-to-the-courts, failure-to protec t, denial-of-grievance, Eighth Amendment, and Fifth Amendment claims in Counts I, II, and III are DISMISSED with prejudice. Plaintiff's First Amendment retaliation claim against Defendant Willeamson in Count II, his conditions-of-confi nement claim in Count III, and his equal protection claims in Counts I, II, and III are DISMISSED without prejudice pursuant to 28 U.S.C. §§ 1915(e)(2) & 1915A(b)(1). Plaintiff's request for court-appointed counsel is DENIED without prejudice. (emt, )
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Filing
7
ORDER DISMISSING COMPLAINT WITH LEAVE TO AMEND AND DENYING MOTIONS FOR APPOINTMENT OF COUNSEL re 1 , 5 , 6 - Signed by JUDGE LESLIE E. KOBAYASHI on 5/8/2020. (1) The Complaint is DISMISSED pursuant to 28 U.S.C. 67;§ 1915(e)(2) & 1915A(b)(1) for Plaintiff's failure to state a colorable claim for relief against any Defendant. Plaintiff's claims against the Department of Public Safety are dismissed with prejudice. All other claims a re dismissed with leave granted to amend. (2) Plaintiff may file an amended pleading on or before July 29, 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. (3) Plaintiff's Motions for Appointment of Counsel and other miscellaneous requests are DENIED. (emt, )COURT'S CERTIFICATE of Service - Tobius Davies shall be served by First Class Mail to the address of record listed on the Notice of Electronic Filing (NEF) on May 11, 2020. A copy of the Court's Prisoner Civil Rights Complaint form and instructions shall be included in the mailing to Mr. Davies.
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