McGinnis v. Halawa Correctional Facility et al
| Thomas Kelly McGinnis |
| ACO Tavale, Public Safety, Head Nurse Christina LNU, Halawa Correctional Facility and Nurse April LNU |
| Shelley Harrington and Laurie Nadamoto |
| 1:2020cv00567 |
| December 18, 2020 |
| US District Court for the District of Hawaii |
| KENNETH J MANSFIELD |
| DERRICK K WATSON |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 |
| None |
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Filing 5
ORDER DISMISSING FIRST AMENDED COMPLAINT WITH PARTIAL LEAVE TO AMEND re #4 - Signed by JUDGE DERRICK K. WATSON on 1/12/2021. (1) Nurse April is TERMINATED as a Defendant. ( 2) McGinnis' claims against "Public Safety" and the HCF are DISMISSED with prejudice. (3) Any claims for money damages against Defendants in their official capacities are DISMISSED with prejudice. (4) McGinnis' claims against "All Supervisors" based solely on their supervisory positions are DISMISSED with prejudice. (5) McGinnis' remaining claims are DISMISSED for failure to state a colorable claim for relief pursuant to 28 U.S.C. 1915(e)(2) and 1915A(b)(1). (6) McGinnis may file an amended pleading that cures the deficiencies in his claims on or before January 29, 2021. (7) The Clerk is directed to send McGinnis 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. (8) If McGinnis fails to timely amend his pleading 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 - Thomas Kelly McGinnis served by First Class Mail to the address of record listed on the Notice of Electronic Filing (NEF) on January 12, 2021. A blank prisoner civil rights complaint form shall be included in the mailing to Plaintiff.
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| Filing 4 FIRST AMENDED PRISONER CIVIL RIGHTS COMPLAINT against All Defendants - filed by Thomas Kelly McGinnis. (Attachments: #1 Article "Dharma World", #2 Inmate Account Balance - 10/1/2020 to 12/8/2020, #3 Mailing Documentation)(emt, ) |
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Filing 3
ORDER GRANTING IN FORMA PAUPERIS APPLICATION, ECF #2 - Signed by MAGISTRATE JUDGE KENNETH J. MANSFIELD on 12/22/2020. COURT'S CERTIFICATE of Service - Thomas Kelly McGinnis will be served by First Class Mail to the address of record listed on the Notice of Electronic Filing (NEF) on December 23, 2020. A copy of the order shall be served by First Class Mail to the Warden and Financial Office at Halawa Correctional Facility, 99-902 Moanalua Rd Aiea, HI 96701. Shelley Nobriga Harrington, Esq. and Laurie Nadamoto, Esq., Department of Public Safety Litigation Coordinators and the Financial Department for the District of Hawaii received the order electronically to the email addresses listed on the Notice of Electronic Filing (NEF).(jni)
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| Filing 2 APPLICATION to Proceed In Forma Pauperis by a Prisoner - by Plaintiff Thomas Kelly McGinnis. (emt, ) |
| Filing 1 PRISONER CIVIL RIGHTS COMPLAINT against All Defendants - filed by Thomas Kelly McGinnis. (Attachments: #1 Letter to Judge Watson, dated December 5, 2020, #2 Letter to Judge Watson dated November 23, 2020, #3 Article titled "The Meaning of Being Alive", #4 Mailing Documentation)(emt, ) |
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