Scaperotta v. Kauai Police Department et al
| Christopher Jay Scaperotta |
| Lucy Wright Park, Town of Waimea/Parks Dept., Waimea E.M.S., Kauai Police Department and State of Hawaii |
| Shelley Harrington and Laurie Nadamoto |
| 1:2020cv00546 |
| December 10, 2020 |
| US District Court for the District of Hawaii |
| ROM TRADER |
| DERRICK K WATSON |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 |
| None |
Docket Report
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This docket was last retrieved on February 3, 2021. A more recent docket listing may be available from PACER.
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Filing 12
ORDER DISMISSING COMPLAINT WITH PARTIAL LEAVE TO AMEND re #1 - Signed by JUDGE DERRICK K. WATSON on 2/3/2021. (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). (2) Scaperotta's claims against the Kauai Police Department in its individual capacity and the State of Hawaii are DISMISSED with prejudice. (3) Scaperotta's claims against the Kauai Police Department, "Town of Waimea/Parks Department," "Lucy Wright Park," and "Waimea E.M.S." are DISMISSED with leave to amend. Scaperotta may file an amended pleading that attempts to cure the deficiencies in his claims on or before February 26, 2021. (4) If Scaperotta chooses to file an amended pleading, he is DIRECTED to identify in each Count the constitutional or other federal civil right that was allegedly violated. (5) If Scaperotta 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. (6) The Clerk is DIRECTED to send Scaperotta 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. (emt, )COURT'S CERTIFICATE of Service - Christopher Jay Scaperotta served by First Class Mail to the address of record (Kauai Community Correctional Center) listed on the Notice of Electronic Filing (NEF) on February 3, 2021. A blank prisoner civil rights complaint form shall be included in the mailing to Plaintiff.
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| COURT'S CERTIFICATE of Service - a copy of ECF No. 10 Minute Order has been resent to Christopher Jay Scaperotta at Kauai Community Correctional Center on February 3, 2021. Additionally, file-stamped copies of ECF Nos. #8 , #9 and #12 were included in the mailing to Plaintiff. (emt, ) |
| Filing 11 NOTICE of Change of Address/Request for Duplicate Files - by Christopher Jay Scaperotta. (Attachments: #1 Mailing Documentation)(emt, ) |
| 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 Scaperotta's 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]. Scaperotta's 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 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 10 Order on Motion to Appoint Counsel and Motion for Leave to Proceed in Forma Pauperis has been served by First Class Mail to Christopher Jay Scaperotta at the address of record on January 27, 2021. Registered Participants of CM/ECF received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). (tyk) |
| 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 JUDGE DERRICK K. WATSON 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: 1) DENYING APPLICATION TO PROCEED IN FORMA PAUPERIS BY A PRISONER; AND 2) DENYING MOTION TO APPOINT COUNSEL re #4 - Signed by JUDGE DERRICK K. WATSON on 1/6/2021. (1) Scaperotta's Application to Proceed In Forma Pauperis by a Prisoner is DENIED for a second time 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 a form 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 shall be served by First Class Mail to the address of record listed on the Notice of Electronic Filing (NEF) on January 7, 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 1/6/2021 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 DERRICK K. WATSON on 12/14/2020. (emt, )COURTS 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 December 14, 2020. 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 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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