Young v. Connors
| Huguette Nicole Young |
| Clare Connors |
| 1:2020cv00425 |
| October 5, 2020 |
| US District Court for the District of Hawaii |
| KENNETH J MANSFIELD |
| DERRICK K WATSON |
| Constitutional - State Statute |
| 42 U.S.C. § 1983 |
| None |
Docket Report
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| Filing 21 CLERK'S JUDGMENT entered pursuant to ECF No. 20 on 11/24/2020. (emt, )COURT'S CERTIFICATE of Service - Huguette Nicole Young served electronically to the email address listed on the Notice of Electronic Filing (NEF). |
| Filing 20 EO: On October 6, 2020, the Court ordered Plaintiff Huguette Nicole Young to provide additional financial information so the Court could meaningfully evaluate her financial situation and rule on her IFP application. Dkt. No. 8. Young failed to comply and her IFP application was denied on October 16, 2020. Dkt. No. 11. On October 30, 2020, the Court denied Young's motion to reconsider her IFP application and ordered Young to pay the court filing fee by November 6, 2020. Dkt. No. 15. Young has again failed to comply with a court order. Accordingly, Young's complaint is DISMISSED for failure to comply with court orders and failure to pay the filing fee pursuant to 28 U.S.C. 1914. See Fed. R. Civ. P. 41(b) (a court may dismiss an action for failure to comply with a court order); see also Olivares v. Marshall, 59 F.3d 109, 112 (9th Cir. 1995) (explaining that failure to pay a filing fee constitutes an independent ground for dismissal).IT IS SO ORDERED. (JUDGE DERRICK K. WATSON)(tyk)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 19
ORDER of USCA as to #16 Notice of Interlocutory Appeal filed by Huguette Nicole Young, USCA NO. 20-17187: Within 21 days after the date of this order, appellant shall pay to the district court the $505.00 filing and docketing fees for this appeal and file in this court proof of such payment or file in this court a motion to proceed in forma pauperis. (Attachments: #1 Form 4 - Motion and Affidavit for Permission to Proceed in Forma Pauperis) (emt, )COURT'S CERTIFICATE of Service - Huguette Nicole Young served electronically to the email address listed on the Notice of Electronic Filing (NEF).
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| Filing 18 USCA TIME SCHEDULE ORDER as to #16 Notice of Interlocutory Appeal filed by Huguette Nicole Young, USCA NO. 20-17187. (emt, ) COURT'S CERTIFICATE of Service - Huguette Nicole Young served electronically to the email address listed on the Notice of Electronic Filing (NEF). Modified on 11/6/2020 (emt, ). |
| Filing 17 USCA Case Number 20-17187 for #16 Notice of Interlocutory Appeal filed by Huguette Nicole Young. (emt, ) COURT'S CERTIFICATE of Service - Huguette Nicole Young served electronically to the email address listed on the Notice of Electronic Filing (NEF). Modified on 11/6/2020 (emt, ). |
| Filing 16 NOTICE OF APPEAL re #15 - by Huguette Nicole Young. Filing fee $ DUE. USCA NO. 20-17187 (emt, ) Modified on 11/6/2020 (emt, ). |
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Filing 15
ORDER DENYING PLAINTIFF'S MOTION TO RECONSIDER IFP APPLICATION re #14 - Signed by JUDGE DERRICK K. WATSON on 10/30/2020. As Young has refused to provide any financial information, either in her initial application or in the weeks since the Court ordered she do so, to verify her inability to pay costs and fees, her motion for reconsideration, Dkt. No. 14, is DENIED. Young is ORDERED to pay the full civil filing fee no later than November 6, 2020. The Court cautions that if the filing fee is not paid in full by that date, the Court will, with no further notice, dismiss Young's complaint, consistent with applicable law, including Federal Rule of Civil Procedure 41(b). (emt, )COURT'S CERTIFICATE of Service - Huguette Nicole Young served electronically to the email address listed on the Notice of Electronic Filing (NEF) on October 30, 2020.
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| Filing 14 MOTION to Reconsider Plaintiff's Application to Proceed IFP and to Narrow IFP issues Ahead of a Potential Appeal re 11 by Plaintiff Huguette Nicole Young. (Attachments: #1 Attachment 1, #2 Attachment 2, #3 Attachment 3)(emt, ) |
| Filing 13 MOTION to Reconsider Plaintiff's Standing to Bring Suit re 9 - by Plaintiff Huguette Nicole Young. (emt, ) |
| Filing 12 FIRST AMENDED COMPLAINT for Declaratory and Emergency Injunctive Relief against Clare Connors - filed by Huguette Nicole Young.(emt, ) |
| Filing 11 EO: As Plaintiff has failed to comply with the Court's October 6, 2020 Order (Dkt. No. 8) to submit a completed financial disclosure form to accompany Plaintiff's application to proceed without paying costs or fees (i.e., in forma pauperis), Plaintiff's Motion to Proceed Without Paying Costs or Fees (Dkt. No. 3) is DENIED. The Court orders Plaintiff to pay all filing fees by no later than October 23, 2020.Failure to pay all filing fees by October 23, 2020 will result in an involuntary dismissal of this action for failure to prosecute or otherwise follow an order. See Fed. R. Civ. P. 41(b); Olivares v. Marshall, 59 F.3d 109, 112 (9th Cir. 1995).Further, Plaintiff has failed to comply with the Court's October 6, 2020 Order (Dkt. No. 9) to submit a short statement explaining why Plaintiff has standing to bring the present suit. The Court orders Plaintiff to file this statement consistent with the Court's October 6, 2020 Order (Dkt. No 9) by no later than October 23, 2020.IT IS SO ORDERED. (JUDGE DERRICK K. WATSON)(tyk)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 10
EO: On October 5, 2020, Plaintiff filed her: (1) #4 Motion for a Speedy Hearing Under Rule 57 of Fed. R. Civ. P. ("Motion for Speedy Hearing"); and (2) #5 Motion for Email Filing and Notification. Given that Plaintiff's #3 Application to Proceed in District Court Without Prepaying Fees or Costs is pending before the district court, the Court DENIES WITHOUT PREJUDICE the Motion for Speedy Hearing at this time. Plaintiff may re-file a request for an expedited hearing if the district court screens Plaintiff's Complaint and finds that it states a plausible claim for declaratory relief.The #5 Motion for Email Filing and Notification seeks "an order granting permission to email documents to the clerk's office for filing in this case and to receive electronic notification of case activity." ECF No. 5 at 1. The Court GRANTS the #5 Motion for Email Filing and Notification. Pursuant to the August 24, 2020 Temporary General Order Regarding District of Hawaii Response to COVID-19 Pandemic, "pro se litigants may file by United States mail... or by email (hid_clerks@hid.uscourts.gov).... Anyone seeking assistance from the Clerk's Office should call (808) 541-1890. Additional procedures for filing court documents can be found on the Court's website at the COVID-19 information page (www.hid.uscourts.gov/covid)." The Court cautions Plaintiff that failure to comply with the applicable rules or instructions from the Clerk's Office may result in revocation of this privilege. The Court DIRECTS the Clerk's Office to add hn_young@yahoo.com as Plaintiff's email address of record for receipt of notices of electronic filings. IT IS SO ORDERED. Signed by MAGISTRATE JUDGE KENNETH J. MANSFIELD on 10/07/2020. (mansfield2) Modified on 10/7/2020 (emt, ).
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| COURT'S CERTIFICATE of Service - a copy of 10 Minute Order has been served by First Class Mail to Huguette Nicole Young at the address of record on October 7, 2020. The NEF was also regenerated to Ms. Young at the following email address : hn_young@yahoo.com. Registered Participants of CM/ECF received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). (emt, ) |
| Filing 9 EO: On October 5, 2020, Huguette Nicole Young ("Plaintiff") filed a complaint alleging the Hawaii Governor's mask mandate violates Plaintiff's First Amendment free speech rights. Dkt. No. 1. Plaintiff is currently domiciled in Oregon. Id. at 11. Plaintiff claims the "injury" granting her standing to sue is that "in the event plaintiff takes up an offer" to work in Hawaii, "[P]laintiff will be required to wear a mask" while shopping. Id. at 10 (emphasis added). A "conjectural or hypothetical" injury is insufficient to satisfy the standing requirements. Lujan v. Defs. of Wildlife, 504 U.S. 555, 560 (1992) (citing Los Angeles v. Lyons, 461 U.S. 95, 102 (1983) (internal quotation marks omitted).To demonstrate standing a plaintiff must show (1) he or she has suffered an injury in fact; (2) a causal connection between the injury and the conduct complained of; and (3) that the injury is likely to be redressed by a favorable decision. Lujan, 504 U.S. at 56061; see also Doran v. 7-Eleven, Inc., 524 F.3d 1034,.1039 (9th Cir. 2008) (citations omitted). The "injury" complained of must be (a) concrete (i.e., real, not abstract) and particularized (unique to Plaintiff); and (b) actual or imminent, not conjectural or hypothetical. See, e.g., Lujan, 504 U.S. at 56061; Doran, 524 F.3d at 1039.The Court orders Plaintiff to submit by October 13, 2020 a statement-which shall not exceed 5 pages-consistent with the standing requirements detailed above explaining why Plaintiff has standing to bring the present suit. (JUDGE DERRICK K. WATSON)(tyk)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 8 EO: On October 5, 2020, Huguette Nicole Young ("Plaintiff") filed an application to proceed without paying fees or costs. Dkt. No. 3. Plaintiff contends this application need not be accompanied by a detailed financial disclosure form. Dkt. No. 3-1. Not true.Such an application requires the applicant to "submit[] an affidavit" that demonstrates an inability to pay. 28 U.S.C. 1915(a)(1); Rodriguez v. Cook, 169 F.3d 1176, 1177 (9th Cir. 1999). The applicant must allege "with some particularity" that he or she "cannot pay the court costs and still afford the necessities of life." Escobedo v. Applebees, 787 F.3d 1226, 1234 (9th Cir. 2015) (citations omitted).Thus, the Court orders Plaintiff to submit by October 13, 2020 a completed financial disclosure form-either the form sent to Plaintiff by the Clerk of the Court or some equivalent-demonstrating with particularity Plaintiff's inability to pay. Failure to comply with this order will result in denial of Plaintiff's application (Dkt. No. 3) and an order requiring payment of the full filing fee. IT IS SO ORDERED. (JUDGE DERRICK K. WATSON)(tyk)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 Docket No. 9 has been served by First Class Mail to Huguette Nicole Young at the address of record on October 7, 2020. Registered Participants of CM/ECF received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). (tyk) |
| COURT'S CERTIFICATE of Service - a copy of Docket No. 8 and Application to Proceed in District Court Without Prepaying Fees or Costs (Short Form) have been served by First Class Mail to Huguette Nicole Young at the address of record on October 7, 2020. Registered Participants of CM/ECF received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). (tyk) |
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Filing 7
Order Setting Rule 16 Scheduling Conference is set for 09:30AM on 11/30/2020 before MAGISTRATE JUDGE KENNETH J. MANSFIELD - Signed by CHIEF JUDGE J. MICHAEL SEABRIGHT on 10/5/2020. (Attachments: #1 Memo from Clerk Re: Corporate Disclosure Statements) (emt, )COURT'S CERTIFICATE of Service - Huguette Nicole Young served on October 5, 2020.
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| Filing 6 (Proposed) Summons submitted by Huguette Nicole Young. (emt, ) |
| Filing 5 MOTION for Email Filing and Notification - by Plaintiff Huguette Nicole Young. (emt, ) |
| Filing 4 MOTION for a Speedy Hearing Under Rule 57 of Fed.R.Civ. P. - by Plaintiff Huguette Nicole Young. (emt, ) |
| Filing 3 APPLICATION to Proceed in District Court Without Prepaying Fees or Costs - by Plaintiff Huguette Nicole Young. (Attachments: #1 Application to Proceed in Forma Pauperis, #2 Attachment 1, #3 Attachment 2) (emt, ) |
| Filing 2 CIVIL Cover Sheet - by Huguette Nicole Young. (emt, ) |
| Filing 1 Verified COMPLAINT for Declaratory and Emergency Injunctive Relief against Clare Connors - filed by Huguette Nicole Young. (emt, ) |
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