Presti v. Mokulehua et al
| Cody Joseph Presti |
| Lt. Victor Mokulehua, U.T.M. Monica Chun, Scott O. Harrington and Captain Monteilh |
| Shelley Harrington and Laurie Nadamoto |
| 1:2021cv00126 |
| March 10, 2021 |
| US District Court for the District of Hawaii |
| WES REBER PORTER |
| J MICHAEL SEABRIGHT |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 |
| None |
Docket Report
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| Filing 9 EO: On April 14, 2021, the court issued an Order Dismissing Complaint with Leave to Amend [ECF No. 7]. The court instructed Plaintiff to file any amended pleading on or before May 14, 2021. Before the court is Plaintiff's "Request for Extension" [ECF No. 8]. The motion is GRANTED. If Plaintiff wants to pursue this action, he must file an amended pleading that cures the deficiencies in his claims, as noted in the court's April 14, 2021 Order, on or before July 13, 2021. Failure to file an amended pleading by July 13, 2021, may result in automatic dismissal of this suit without further notice, and Plaintiff may incur a strike under 28 U.S.C. 1915(g). IT IS SO ORDERED. (CHIEF JUDGE J. MICHAEL SEABRIGHT)(rlfh)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 8 REQUEST for Extension; Declaration of Plaintiff - filed by Plaintiff Cody Joseph Presti (Attachments: #1 Mailing Envelope) (jo) |
| COURT'S CERTIFICATE OF SERVICE - a copy of ECF No. #7 was served served by First Class Mail to Cody Joseph Presti at the address of record on April 16, 2021. A blank prisoner civil rights complaint form was included in the mailing to Mr. Presti. (jo) |
Filing 7
ORDER DISMISSING COMPLAINT WITH LEAVE TO AMEND re: #1 - Signed by CHIEF JUDGE J. MICHAEL SEABRIGHT on 4/14/2021. (1) The Complaint is DISMISSED for failure to state a claim pursuant to 28 U.S.C. 1915(e)(2) and 1915A(b)(1), with leave to amend as set forth above. (2) If Presti decides to pursue this action, he must file an amended pleading that cures the noted deficiencies in his claims on or before May 14, 2021. (3) If Presti chooses to file an amended pleading, he must decide which related claims he will pursue in this action, which claims he will bring in a new action or actions, and which claims he may forgo with the benefit of the Court's analysis of his claims. (4) The Clerk is DIRECTED to send Presti a blank prisoner civil rights complaint form so that he can comply with this order if he elects to file an amended pleading. (5) Failure to timely file an amended pleading may result in AUTOMATIC DISMISSAL of this suit without further notice, and Presti may incur a strike under 28 U.S.C. 1915(g). (jo)COURT'S CERTIFICATE OF SERVICE - Cody Joseph Presti will be served by First Class Mail to the address of record listed on the Notice of Electronic Filing (NEF). A blank prisoner civil rights complaint form will be included in the mailing to Mr. Presti.
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Filing 6
ORDER GRANTING IN FORMA PAUPERIS APPLICATION re: #4 - Signed by CHIEF JUDGE J. MICHAEL SEABRIGHT on 4/5/2021. (jo)COURT'S CERTIFICATE OF SERVICE - Cody Joseph Presti will be served by First Class Mail to the address of record listed on the Notice of Electronic Filing (NEF). 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.
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| Filing 5 Statement of Jurisdiction; Opening Brief; Declaration of Plaintiff - filed by Cody Joseph Presti (Attachments: #1 Mailing Envelope) (jo) |
| Filing 4 APPLICATION to Proceed In Forma Pauperis by a Prisoner - filed by Plaintiff Cody Joseph Presti (Attachments: #1 Mailing Envelope) (jo) |
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Filing 3
ORDER DENYING REQUEST TO PROCEED IN FORMA PAUPERIS re #2 - Signed by CHIEF JUDGE J. MICHAEL SEABRIGHT on 3/11/2021. Presti is DIRECTED to submit a complete Application to Proceed In Forma Pauperis by a Prisoner containing: (1) certification by prison officials of the amount currently in his prison account; (2) an account statement for the preceding six months showing all deposits and withdrawals to Presti's account during that period; and (3) Presti's consent to the withdrawal of funds from his account. Failure to pay the filing fee or submit a complete application on or before April 12, 2021, will result in automatic dismissal of this suit without prejudice. See Fed. R. Civ. P. 41(b); see also Olivares v. Marshall, 59 F.3d 109, 112 (9th Cir. 1995). The Court will take no action on any future filings until Presti pays the filing fee or is granted IFP status. The Clerk is DIRECTED to send Presti an Application to Proceed In Forma Pauperis by a Prisoner so that he can comply with this Order. (emt, )COURT'S CERTIFICATE of Service - Cody Joseph Presti shall be served by First Class Mail to the address of record listed on the Notice of Electronic Filing (NEF) on March 12, 2021. A blank Application to Proceed In Forma Pauperis by a Prisoner form and instructions shall be included in the mailing to Mr. Presti.
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| Filing 2 Affidavit of Truth; REQUEST to Proceed In Forma Pauperis; Declaration of Plaintiff - by Plaintiff Cody Joseph Presti. (emt, ) |
| Filing 1 PRISONER CIVIL RIGHTS COMPLAINT against All Defendants - filed by Cody Joseph Presti. (Attachments: #1 Mailing Documentation)(emt, ) |
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