Hermosura vs. State of Hawaii
| Kaimi C. D. Hermosura |
| State of Hawaii |
| 1:2021cv00014 |
| January 8, 2021 |
| US District Court for the District of Hawaii |
| ROM TRADER |
| DERRICK K WATSON |
| Civil Rights: Other |
| 28 U.S.C. ยง 1441 |
| None |
Docket Report
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| Document Text |
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| Filing 8 Transmittal Letter to the Fifth Circuit, State of Hawaii re ECF No. 5 Entering Order, dated January 27, 2021. (emt, ) |
| COURT'S CERTIFICATE of Service - a copy of #8 Transmittal Letter re Remand was served to Kaimi C.D. Hermosura at the address of record on January 27, 2021. A copy of the 5 Entering Order, #8 Transmittal Letter, #1 Notice of Removal and Docket Sheet was served to the Circuit Court of the Fifth Circuit, State of Hawaii 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). (emt, ) |
| Filing 7 EO: On January 25, 2021, Kaimi C. Hermosura filed an application to proceed without prepaying fees or costs, otherwise known as an in forma pauperis or "IFP" application. Dkt. No. 6. Because this case has been remanded, Dkt. No. 5, Hermosura's IFP application is denied as moot. IT IS SO ORDERED. (JUDGE DERRICK K. WATSON)(tyk) |
| COURT'S CERTIFICATE of Service - a copy of Docket No. 7 Order on Motion for Leave to Proceed in forma pauperis has been served by First Class Mail to Kaimi C. D. Hermosura at the address of record on January 26, 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 6 APPLICATION to Proceed in District Court Without Prepaying Fees or Costs - by Petitioner Kaimi C. D. Hermosura. (Attachments: #1 Order Setting Rule 16 and Clerk's Memo, #2 Mailing Documentation)(emt, ) |
| Filing 5 EO: On January 8, 2021, Kaimi C. D. Hermosura filed a notice of removal with this Court. Dkt. No. 1. The case he sought to remove was a criminal prosecution, initiated and pursued by the State of Hawaii. Id. at 3. On January 12, 2021, the Court ordered Hermosura to show cause why this Court has jurisdiction over his state criminal case. Dkt. No. 4. In that order, the Court explained that the laws cited by Hermosura in his removal notice provided an insufficient basis for removal and that, without more, would result in remand. Id. Hermosura was given until January 20, 2021 to respond to the Court's order. Id. To date, Hermosura has filed nothing in response. Since Hermosura has failed to demonstrate the grounds for this Court's jurisdiction over his state criminal prosecution, the case is hereby remanded. See 28 U.S.C. 1455(b)(4) (requiring a district court to issue a summary remand where "it clearly appears on the face of the [removal] notice and any exhibits annexed thereto that removal should not be permitted"). IT IS SO ORDERED. (JUDGE DERRICK K. WATSON)(tyk) |
| COURT'S CERTIFICATE of Service - a copy of Docket No. 5 has been served by First Class Mail to Kaimi C. D. Hermosura at the address of record on January 25, 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 4 EO: On January 8, 2021, Kaimi C. D. Hermosura moved to have a criminal case against him, which was initiated and is currently being prosecuted by the State of Hawaii ("State"), removed to federal court. Dkt. No. 1. Hermosura stands charged by the State with the violation of a state trespassing law. Id. at 3.Hermosura alludes to a host of laws that purportedly confer on this Court jurisdiction to hear his state criminal case. Among those are 28 U.S.C. 1331, 28 U.S.C. 1455, the Foreign Sovereign Immunities Act, the United States Constitution, the Human Rights Enforcement Act, the War Crimes Act, and various treaties. Hermosura's arguments rest on the idea that he is a Hawaiian national, not a U.S. Citizen. Dkt. No. 1 at 3. His argument, the Court gathers, is that the laws he cites allow any non-citizen to remove a state criminal proceeding to federal court. In short, they do not. Thus, Hermosura has not met his burden to demonstrate a ground supporting removal. See 28 U.S.C. 1455(b)(2). Hermosura is ORDERED to show cause why this case should not be summarily remanded. See 28 U.S.C. 1455(b)(4). He may do so by presenting a legally cognizable ground justifying this Court's jurisdiction over his state criminal case. He must do so by no later than January 20, 2021. Failure to comply with this order will result in remand without further notice.IT IS SO ORDERED. (JUDGE DERRICK K. WATSON)(tyk ) |
| COURT'S CERTIFICATE of Service - a copy of Docket No. 4 has been served by First Class Mail to Kaimi C. D. Hermosura at the address of record on January 12,2021. Registered Participants of CM/ECF received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). (tyk) |
Filing 3
DEFICIENCY ORDER - Signed by CHIEF JUDGE J. MICHAEL SEABRIGHT on 1/8/2021. Kaimi C.D. Hermosura served on January 11, 2021. A blank IFP application was provided to the filer. (emt, )
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Filing 2
Order Setting Telephonic Rule 16 Scheduling Conference is set for 09:00AM on 2/8/2021 before MAGISTRATE JUDGE ROM TRADER - Signed by CHIEF JUDGE J. MICHAEL SEABRIGHT on 1/8/2021. (Attachments: #1 Memo from Clerk Re: Corporate Disclosures) Kaimi C. D. Hermosura served on January 11, 2021. (emt, )
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| Filing 1 NOTICE OF REMOVAL under: Title 28 USC 1455 Procedure for removal of criminal prosecutions and Title 28 USC 1331 Federal question; Certificate of Service - by Kaimi C. D. Hermosura from Circuit Court of the Fifth Circuit, State of Hawaii, case number 5DCC-20-0000885. (Attachments: #1 Mailing Documentation)(emt, ) Modified on 1/11/2021 Note: Documents from Circuit Court case 5DD-20-0000885 were not included with the Notice of Removal. (emt, ). |
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