Koenig v. White et al
| Joshua Ryan Koenig |
| Shelley Harrington, Joanna-Jacklyn White, John Does 1-25, Nolan P. Espinda, Timothy Morales and Jimmy Magallenrs |
| Laurie Nadamoto |
| 1:2020cv00376 |
| August 31, 2020 |
| US District Court for the District of Hawaii |
| J MICHAEL SEABRIGHT |
| ROM TRADER |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 |
| None |
Docket Report
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Filing 12
ORDER DISMISSING COMPLAINT IN PART WITH PARTIAL LEAVE TO AMEND - Signed by CHIEF JUDGE J. MICHAEL SEABRIGHT on 10/19/2020. (1) Koenig's sexual abuse claim in Count IV states a plausible claim for relief against Defendant Morales in his individual capacity and may proceed. (2) Koenig's claims for damages against all Defendants in their official capacities are DISMISSED without leave to amend pursuant to 28 U.S.C. 1915(e)(2) & 1915A(b)(1). (3) Koenig's verbal harassment and threat-to-safety claims in Counts I and II against Morales, and his claims against all other Defendants in their individual capacities in Counts III and IV are DISMISSED with leave granted to amend. Plaintiff may file an amended pleading that attempts to cure the noted deficiencies in these claims, if possible, on or before November 16, 2020. (4) IN THE ALTERNATIVE, Koenig may notify the court in writing on or before November 16, 2020 that he elects to proceed with sexual abuse claim against Defendant Morales in Count IV, and that claim shall be served. If Koenig fails to file either an amended pleading or a notice of election, the court will direct that the Complaint be served as limited by this Order to the sexual abuse claim against Defendant Morales in Count IV. (5) The Clerk is DIRECTED to send Koenig a prisoner civil rights complaint form so that he may comply with the directions of this Order if he elects to file an amended pleading rather than immediately stand on his sexual abuse claim against Defendant Morales. (jo)COURT'S CERTIFICATE OF SERVICE - Joshua Ryan Koenig will be served by First Class Mail on October 20, 2020 to the address of record listed on the Notice of Electronic Filing (NEF)
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| Filing 13 PLRA Filing Fee: $6.30; receipt number HI029480 re #1 Complaint (jo) |
| Filing 11 PLRA Filing fee: $9.94; receipt number HI029375 re #1 Complaint (jo) |
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Filing 10
ORDER GRANTING IN FORMA PAUPERIS APPLICATION AND DENYING MOTIONS FOR APPOINTMENT OF COUNSEL AND FOR EARLY DISCOVERY re: #4 , #6 , and #9 - Signed by MAGISTRATE JUDGE ROM TRADER on 9/17/2020. IT IS HEREBY ORDERED that: (1) The Warden of the Saguaro Correctional Center, or designee, shall collect and remit to the Clerk of Court an initial partial payment of $9.94, and thereafter, calculate, collect, and remit to the Clerk of Court monthly payments equaling 20% of Plaintiff's preceding month's income or balance when the account exceeds $10.00, until the $350.00 civil filing fee is paid in full. See 28 U.S.C. 1915(b)(2). These payments must be identified by the name and number assigned to this action. (2) The Clerk is directed to serve a copy of this order on Plaintiff, the Saguaro Correctional Center Warden and Financial Office, Laurie Nadamoto, Esq., and Shelley Nobriga Harrington, Esq., Department of Public Safety Litigation Coordinators, and submit a copy of this order to the District of Hawaii's Financial Department. (3) Plaintiff's Motion for Appointment of Counsel is DENIED. (4) Plaintiff's Motion for Discovery is DENIED. (jo)COURT'S CERTIFICATE OF SERVICE - Joshua Ryan Koenig will be served by First Class Mail to the address of record listed on the Notice of Electronic Filing (NEF). A copy of the order shall be served by First Class Mail to the Warden and Financial Office at Saguaro Correctional Center, 1250 East Arica Road, Eloy, AZ 85131. Shelley Nobriga Harrington, Esq. and Laurie Nadamoto, Esq., Department of Public Safety Litigation Coordinators and the Financial Department for the District of Hawaii received the order electronically to the email addresses listed on the Notice of Electronic Filing (NEF).
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| COURT'S CERTIFICATE OF SERVICE - a copy of #9 Application has been served by First Class Mail to Joshua Ryan Koenig at the address of record listed on the Notice of Electronic Filing (NEF). (jo) |
| Filing 9 APPLICATION To Proceed In Forma Pauperis By A Prisoner - filed by Plaintiff Joshua Ryan Koenig (Attachments: #1 Mailing Envelope) (jo) |
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Filing 8
ORDER DENYING MOTION TO PROCEED IN FORMA PAUPERIS re: #2 - Signed by CHIEF JUDGE J. MICHAEL SEABRIGHT on 9/3/2020. (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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| COURT'S CERTIFICATE of Service - file stamped copies of ECF Nos. 1-7 will be served on September 1, 2020 by First Class Mail to Joshua Ryan Koenig at the address of record. (jo) |
| Filing 7 PETITION: To Have Court to Order Summons for Defendants, Plaintiff Is Proceed in Forma Pauperis - filed by Joshua Ryan Koenig (Attachments: #1 Mailing Envelope) (jo) |
| Filing 6 MOTION for Discovery - filed by Plaintiff Joshua Ryan Koenig (Attachments: #1 Mailing Envelope) (jo) |
| Filing 5 MEMORANDUM of law in support of plaintiff motion for appointment of counsel re: #4 MOTION to Appoint Counsel - filed by Joshua Ryan Koenig (Attachments: #1 Mailing Envelope) (jo) |
| Filing 4 MOTION for Appointment of Counsel - by Plaintiff Joshua Ryan Koenig (Attachments: #1 Mailing Envelope) (jo) |
| Filing 3 DECLARATION In Support of Request To Proceed In Forma Pauperis re #2 - filed by Joshua Ryan Koenig (Attachments: #1 Mailing Envelope) (jo) |
| Filing 2 [MOTION] Declaration In Support of Request To Proceed In Forma Pauperis - filed by Plaintiff Joshua Ryan Koenig (Attachments: #1 Mailing Envelope) (jo) |
| Filing 1 PRISONER CIVIL RIGHTS COMPLAINT against All Defendants - filed by Joshua Ryan Koenig (Attachments: #1 Transmittal Letter, #2 Mailing Envelope) (jo) |
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