Scaperotta v. Kauai Police Dept. et al
| Christopher Jay Scaperotta |
| Salt Pond Park, Kauai Police Dept. and Hanapepe Airport |
| Shelley Harrington and Laurie Nadamoto |
| 1:2020cv00542 |
| December 10, 2020 |
| US District Court for the District of Hawaii |
| LESLIE E KOBAYASHI |
| KENNETH J MANSFIELD |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 |
| None |
Docket Report
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| COURT'S CERTIFICATE of Service - a copy of #10 Minute Order, #11 ORDER DISMISSING COMPLAINT WITH PARTIAL LEAVE TO AMEND and a blank prisoner civil rights complaint form have been resent to Christopher Jay Scaperotta at KAUAI COMMUNITY CORRECTIONAL CENTER on February 3, 2021. Additionally, filed stamped copies of ECF Nos. #8 , #9 and #12 were included in the mailing to Plaintiff. (emt, ) |
| Filing 12 NOTICE of Change of Address/Request for Duplicate Files - by Christopher Jay Scaperotta. (Attachments: #1 Mailing Documentation)(emt, ) Modified on 2/3/2021 (emt, ). |
Filing 11
ORDER DISMISSING COMPLAINT WITH PARTIAL LEAVE TO AMEND re #1 - Signed by JUDGE LESLIE E. KOBAYASHI on 1/27/2021. (1) The Complaint is DISMISSED for failure to state a claim pursuant to 28 U.S.C. 1915(e)(2) and 1915A(b)(1). (2) Any claims against "Hanapepe Airport" are DISMISSED with prejudice. (3) Scaperotta's claims against the Kauai Police Department and "Salt Pond Park" are DISMISSED with leave granted to amend. (4) Scaperotta may file an amended pleading that cures the noted deficiencies in his claims on or before February 26, 2021. (5) The Clerk is DIRECTED to send Scaperotta a blank prisoner civil rights complaint form so that he can comply with this order if he elects to file an amended pleading. (6) Failure to timely file an amended pleading may result in AUTOMATIC DISMISSAL of this suit without further notice, and Scaperotta may incur a strike under 28 U.S.C. 1915(g). (emt, )COURT'S CERTIFICATE of Service - Christopher Jay Scaperotta shall be served by First Class Mail to the address of record listed on the Notice of Electronic Filing (NEF) on January 28, 2021. A blank prisoner civil rights form shall be included in the mailing to Plaintiff.
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| Filing 10 EO: Before the Court is Scaperotta's Application to proceed In Forma Pauperis by a Prisoner [ECF No. 9] and his Motion to Appoint Tutor, Counselor, Aid, Arbitrator, Mediator, Investigator ("Motion") [ECF No. 8]. Scaperotta previously filed an IFP Application and a Motion to Appoint Counsel on January 12, 2021 [ECF No. 6]. The Court issued an Order granting Scaperotta's IFP Application and denying his Motion to Appoint Counsel on January 19, 2021 [ECF No. 7]. Scaperotta's latest IFP application [ECF No. 9] is DENIED as moot. Regarding Scaperottas Motion, as the Court explained in its January 19, 2021 Order, the Court has not screened Scaperotta's Complaint to determine whether it states a plausible claim for relief against the named Defendants and should be served [ECF No. 7]. Scaperottas Motion [ECF No. 8] is DENIED without prejudice to his refiling another request after his Complaint has been screened, served, and Defendants have filed an Answer or other response. 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) |
| Filing 9 APPLICATION to Proceed In Forma Pauperis by a Prisoner - by Plaintiff Christopher Jay Scaperotta. (Attachments: #1 Transmittal Letter, dated January 14, 2021, #2 Mailing Documentation)(emt, ) |
| Filing 8 MOTION to Appoint Tutor, Counselor, Aid, Arbitrator, Mediator, Investigator - by Plaintiff Christopher Jay Scaperotta. (Attachments: #1 Transmittal Letter, dated January 14, 2021, #2 Mailing Documentation)(emt, ) |
| COURT'S CERTIFICATE of Service - a copy of #7 ORDER GRANTING APPLICATION TO PROCEED IN FORMA PAUPERIS BY A PRISONER AND DENYING MOTION TO APPOINT COUNSEL has been served by First Class Mail to Christopher Jay Scaperotta at the address of record on January 20, 2021. Additionally, a copy of this order was served by First Class Mail to the Warden and Financial Office of Oahu Community Correctional Center, at 2199 Kamehameha Hwy, Honolulu, HI 96819 on January 20, 2021. DPS Litigation Coordinators Shelley Nobriga Harrington, Esq., Laurie Nadamoto, Esq. and the Financial Department for the District of Hawaii were served electronically to the e-mail addresses listed on the Notice of Electronic Filing (NEF) on January 19, 2021. (emt, ) |
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Filing 7
ORDER GRANTING APPLICATION TO PROCEED IN FORMA PAUPERIS BY A PRISONER AND DENYING MOTION TO APPOINT COUNSEL re #6 - Signed by MAGISTRATE JUDGE KENNETH J. MANSFIELD on 1/19/2021. (emt, )
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| Filing 6 MOTION to Appoint Counsel in All 6 Cases; APPLICATION to Proceed In Forma Pauperis by a Prisoner - by Plaintiff Christopher Jay Scaperotta. (Attachments: #1 Financial Certificate, #2 Transmittal Letter dated 12/28/2020, #3 Mailing Documentation)(emt, ) |
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Filing 5
ORDER DENYING APPLICATION TO PROCEED IN FORMA PAUPERIS BY A PRISONER AND MOTION TO APPOINT COUNSEL re #4 - Signed by JUDGE LESLIE E. KOBAYASHI on 1/6/2021. (1) Scaperotta's Application to Proceed In Forma Pauperis by a Prisoner is DENIED as incomplete. (2) Scaperotta is DIRECTED to submit a complete IFP Application on or before February 5, 2021. (3) The Clerk is DIRECTED to send Scaperotta an Application to Proceed In Forma Pauperis by a Prisoner so that he can comply with this Order. (4) Scaperotta's Motion to Appoint Counsel is DENIED. (emt, )COURT'S CERTIFICATE of Service - Christopher Jay Scaperotta served by First Class Mail to the address of record listed on the Notice of Electronic Filing (NEF) on January 6, 2021. A blank Application to Proceed in Forma Pauperis by a Prisoner form shall be included in the mailing to Plaintiff.
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| Filing 4 MOTION to Appoint Counsel; APPLICATION to Proceed in Forma Pauperis by a Prisoner - by Plaintiff Christopher Jay Scaperotta. (Attachments: #1 Transmittal Letter, dated 12/23/2020, #2 Financial Certificate dated 12/23/2020, #3 Mailing Documentation)(emt, ) Modified on 1/5/2021 (emt, ). Modified on 1/6/2021 Filed copy mailed to Plaintiff on 1/6/2021 (emt, ). |
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Filing 3
ORDER DENYING APPLICATION TO PROCEED IN FORMA PAUPERIS BY A PRISONER re #2 - Signed by JUDGE LESLIE E. KOBAYASHI on 12/14/2020. (emt, )COURT'S CERTIFICATE of Service - Christopher Jay Scaperotta shall be served by First Class Mail to the address of record listed on the Notice of Electronic Filing (NEF) on December 15, 2020. A blank Application to Proceed In Forma Pauperis by a Prisoner shall be included in the mailing to Plaintiff.
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| Filing 2 APPLICATION to Proceed in Forma Pauperis by a Prisoner - by Plaintiff Christopher Jay Scaperotta. (emt, ) |
| Filing 1 PRISONER CIVIL RIGHTS COMPLAINT against All Defendants - filed by Christopher Jay Scaperotta. (Attachments: #1 Mailing Documentation)(emt, ) |
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