Pitts v. Espinda et al
Case Number: 1:2020cv00431
Filed: November 6, 2020
Court: US District Court for the District of Hawaii
Office: Hawaii Office
Nature of Suit: Prisoner: Civil Rights
Cause of Action: 42 U.S.C. ยง 1983 Prisoner Civil Rights
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Date Filed Document Text
September 28, 2022 Opinion or Order Filing 141 ORDER GRANTING THE MOVING DEFENDANTS' MOTION FOR SUMMARY JUDGMENT REGARDING FAILURE TO EXHAUST ADMINISTRATIVE REMEDIES re 76 - Signed by JUDGE LESLIE E. KOBAYASHI on 9/28/2022. On the basis of the foregoing, the Moving Defendants' Motion for Summary Judgment Regarding Failure to Exhaust Administrative Remedies, filed on February 4, 2022, is HEREBY GRANTED. Summary judgment is granted in favor of Seaton- Brisette, Silva, and Kami as to all of Pit ts's claims against them. There being no remaining claims against Seaton-Brisette, Silva, and Kami, the Clerk's Office is DIRECTED to terminate them as parties on October 13, 2022, unless Pitts files a motion for reconsideration of this Order by October 12, 2022. (eta)COURT'S CERTIFICATE OF SERVICE - Joseph Pitts shall be served by First Class Mail to the address of record listed on the Notice of Electronic Filing (NEF) on September 29, 2022. Registered Participants of CM/ECF received the document electronically to the email addresses listed on the Notice of Electronic Filing (NEF).
December 3, 2021 Opinion or Order Filing 66 EO: Before the Court is Plaintiffs "Motion for Clarification and Jury Trial Demand" [ECF No. 65]. Plaintiff expresses confusion regarding the status of a claim in the Second Amended Complaint related to the handling of his personal mail ( Count IV) [id. at 2]. In its August 18, 2021 Order Dismissing Second Amended Complaint in Part and Directing Service, the Court concluded that Plaintiffs claims against Defendants Silva and Kami in Count IV based on the alleged opening of his legal mail and delay in sending his outgoing mail could proceed [ECF No. 25 at 17]. The Court further concluded that any claims in Count IV based on the delivery of Plaintiffs incoming personal mail were dismissed without prejudice [id.]. The Court also dismissed without prejudice any claims in Count IV against nine other "mailroom defendants" because Plaintiff did not link any of them to his claims [id. at 16 n.10]. In their Answer, Silva and Kami responded to Plaintiffs allegations base d on the alleged opening of his legal mail and delay in sending his outgoing mail [ECF No. 56 at 3]. To the extent Plaintiff has any further questions regarding the status of a particular claim, he is encouraged to read carefully this Courts previou s orders. 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 (NEF). Pro Se (Non-Prisoner) Litigants that have consented to receive documents and Notices of Electronic Filings by email, have been served electronically at the e-mail address listed on the (NEF)
August 18, 2021 Opinion or Order Filing 25 ORDER DISMISSING SECOND AMENDED COMPLAINT IN PART AND DIRECTING SERVICE re 24 - Signed by JUDGE LESLIE E. KOBAYASHI on 8/18/2021. (1) Pitts' due process claims against Williamson and Uedoi in Count II and aga inst Fernando, Levi, and Uedoi in Count III may proceed. (2) Pitts' denial-of-medical-care claim against Seaton-Brisette in Count III may proceed. His state law negligence claim against Seaton-Brisette may also proceed. (3) Pitts' claims against Silva and Kami in Count IV based on the alleged opening of his legal mail and delay in sending his outgoing mail may proceed. (4) Pitts' remaining claims are DISMISSED as specified above. (emt, )
January 21, 2021 Opinion or Order Filing 16 ORDER DISMISSING FIRST AMENDED COMPLAINT IN PART AND DIRECTING EARLY DISCOVERY re 13 - Signed by JUDGE LESLIE E. KOBAYASHI on 1/21/2021. (emt, )
November 6, 2020 Opinion or Order Filing 8 ORDER DISMISSING COMPLAINT IN PART WITH PARTIAL LEAVE TO AMEND re 1 - Signed by JUDGE LESLIE E. KOBAYASHI on 11/6/2020. (1) Pitts' claims in Counts IV and V against Silva, Kami, Jesse, Espinda, Altaris, Sequie ra, and Doe Defendants based on the handling of his incoming legal mail and outgoing mail may proceed. (2) Pitts' Fourteenth Amendment claims in Counts II and III against Williamson, Uedoi, Fernando, and Levi based on his adjustment he arings may proceed. (3) Pitts' claims for damages against official capacity Defendants are DISMISSED with prejudice pursuant to 28 U.S.C. §§ 1915(e)(2) & 1915A(b)(1). (4) Pitts' request for a transfer to anothe r facility is DENIED. (5) Pitts' remaining retaliation, access to the courts, threat to safety, denial of medical care, conditions of confinement, and state law claims are DISMISSED with leave granted to amend. Pitts may file an amend ed pleading that cures the noted deficiencies in these claims, if possible, on or before December 7, 2020. (6) IN THE ALTERNATIVE, Pitts may notify the court in writing on or before December 7, 2020 , tha t he elects to proceed with his First Amendment claims in Counts IV and V against Silva, Kami, Jesse, Espinda, Altaris, Sequiera, and Doe Defendants based on the handling of his incoming legal mail and outgoing mail, and his Fourteenth Amendment cl aims in Counts II and III against Williamson, Uedoi, Fernando, and Levi based on his adjustment hearings. If Pitts fails to file either an amended pleading or a notice of election, the Court will direct the Complaint be served as limited by this Order. (7) The Clerk is DIRECTED to send Pitts 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. (emt, )< center>COURT'S CERTIFICATE of Service - Joseph Pitts served by First Class Mail to the address of record listed on the Notice of Electronic Filing (NEF) on November 6, 2020. A blank prisoner civil rights complaint form shall be included in the mailing to Mr. Pitts.
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