Ulep v. State of Hawaii, Department of Public Safety et al
| Darold J. Ulep and Darold Jeffrey Ulep |
| State of Hawaii, Department of Public Safety, Department of Health and Oahu Community Correctional Center |
| Laurie Nadamoto and Shelley Harrington |
| 1:2020cv00532 |
| December 3, 2020 |
| US District Court for the District of Hawaii |
| Hawaii Office |
| KENNETH J MANSFIELD |
| JILL A OTAKE |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
Docket Report
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Filing 9
ORDER DISMISSING FIRST AMENDED COMPLAINT WITH PARTIAL LEAVE TO AMEND re #7 - Signed by JUDGE JILL A. OTAKE on 1/14/2021. (1) The First Amended Complaint is DISMISSED for failure to state a colorable claim for relief pursuant to 28 U.S.C. 1915(e)(2) and 1915A(b)(1). Ulep's claims against the OCCC, "Public Safety of Hawaii," and the State of Hawaii are dismissed with prejudice. Ulep may amend his pleading to name a proper defendant or defendants. (2) Ulep's Eighth Amendment claims are DISMISSED with prejudice. (3) Ulep may file an amended pleading that cures the deficiencies in his claims on or before February 16, 2021. (4) The Clerk is directed to send Ulep a blank prisoner civil rights complaint form so that he can comply with the directions in this Order if he chooses to file an amended pleading. (5) If Ulep fails to timely amend his pleadings or is unable to cure the deficiencies in his claims this suit may be AUTOMATICALLY DISMISSED without further notice. (emt, )COURT'S CERTIFICATE of Service - Darold Jeffrey Ulep shall be served by First Class Mail to the address of record listed on the Notice of Electronic Filing (NEF) on January 15, 2021. A blank prisoner civil rights complaint form shall be included in the mailing to Plaintiff.
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Filing 8
PLRA Filing fee: $ 3.72, receipt number HI029891 re #1 Complaint. (emt, )
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Filing 7
FIRST AMENDED PRISONER CIVIL RIGHTS COMPLAINT ; Jury Trial Demanded against Oahu Community Correctional Center, State of Hawaii, Department of Public Safety - filed by Darold Jeffrey Ulep. (Attachments: #1 Mailing Documentation)(emt, )
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Filing 6
ORDER DISMISSING COMPLAINT WITH PARTIAL LEAVE TO AMEND re #1 - Signed by JUDGE JILL A. OTAKE on 12/11/2020. (1) The Complaint is DISMISSED for failure to state a colorable claim for relief pursuant to 28 U.S.C. 1915(e)(2) and 1915A(b)(1). Ulep's claims against the State of Hawaii, Department of Public Safety, and Department of Health are dismissed with prejudice. Ulep may amend his pleading to name a proper defendant or defendants. (2) Ulep may file an amended pleading that cures the deficiencies in his claims on or before January 11, 2021 . (3) The Clerk is directed to send Ulep a blank prisoner civil rights complaint form so that he can comply with the directions in this Order if he chooses to amend his complaint. (4) If Ulep fails to timely amend his pleadings or is unable to cure the deficiencies in his claims this suit may be AUTOMATICALLY DISMISSED without further notice. (emt, )COURT'S CERTIFICATE of Service - Darold J. Ulep served by First Class Mail to the address of record listed on the Notice of Electronic Filing (NEF) on December 11, 2020. A blank prisoner civil rights complaint form shall be included in the mailing to Plaintiff.
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Filing 5
ORDER GRANTING IN FORMA PAUPERIS APPLICATION re #2 - Signed by MAGISTRATE JUDGE KENNETH J. MANSFIELD on 12/9/2020. (emt, )
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COURT'S CERTIFICATE of Service - a copy of #5 ORDER GRANTING IN FORMA PAUPERIS APPLICATION has been served by First Class Mail to Darold J. Ulep at the address of record on December 9, 2020. A copy of the order was served to the Warden and Financial Office of Oahu Community Correctional Center by First Class Mail on December 9, 2020. DPS Litigation Coordinators Shelley Nobriga Harrington, Esq., Laurie Nadamoto, Esq. and the Financial Department for the District of Hawaii were served electronically through CM/ECF. Registered Participants of CM/ECF received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). (emt, )
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Filing 4
EO: The parties are directed to review the General Civil Case Procedures Before Judge Otake on the court's website. (JUDGE JILL A. OTAKE)(shm)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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Filing 3
NOTICE of Case Reassignment: Please reflect Civil Case Number CV 20-00532 JAO-KJM on all further pleadings. (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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Filing 2
APPLICATION To Proceed in Forma Pauperis by a Prisoner - filed by Plaintiff Darold J. Ulep (Attachments: #1 Mailing Envelope) (jo)
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Filing 1
PRISONER CIVIL RIGHTS COMPLAINT against All Defendants - filed by Darold J. Ulep Note: Main document restricted as it contains personal identifiers (Attachments: #1 Transmittal Letter, #2 Mailing Envelope) (jo) Modified on 12/8/2020 (jo)
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COURT'S CERTIFICATE OF SERVICE - a copy of #1 Complaint will be served by First Class Mail on December 7, 2020 to Darold J. Ulep at the address of record. Registered Participants of CM/ECF received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). (jo)
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