Penitani v. Thomas et al
Plaintiff: John W. Penitani
Defendant: AUSA Chris Thomas, Attorney Myles Breiner, Attorney Randall Hironaka, Judge Susan Oki Mollway, Attorney Andrew Kennedy, Lani Nakamura, Elie Asasaki and Judge Gilmore
Case Number: 1:2021cv00346
Filed: August 16, 2021
Court: US District Court for the District of Hawaii
Presiding Judge: J MICHAEL SEABRIGHT
Referring Judge: ROM TRADER
Nature of Suit: Prisoner: Civil Rights
Cause of Action: 42 U.S.C. ยง 1983
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on October 13, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 13, 2021 Filing 21 EO: Before the court is Plaintiff's October 12, 2021 letter [ECF No. 20]. The court issued an Order Dismissing Action Without Prejudice on September 24, 2021 [ECF No. 15]. As the court explained in dismissing this action, a federal prisoner who seeks to challenge the legality of his confinement generally must file a motion under 28 U.S.C. 2255 [ECF No. 15 at PageID # 51-52]. The court may not consider a second or successive 2255 motion unless the prisoner has obtained authorization from the appropriate court of appeals. See United States v. Crow, 780 F. App'x 546, 547 (9th Cir. 2019). Plaintiff previously submitted a 2255 motion, but he did not obtain the required authorization from the United States Court of Appeals for the Ninth Circuit before he filed this action. This Court therefore lacks jurisdiction to consider his claims. Plaintiff is reminded that he must obtain authorization from the Ninth Circuit before filing a second or successive 2255 motion in this court. The court will not continue to address Plaintiff's letters in this action. This case remains closed. 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 (NEF). Pro Se (Non-Prisoner) Litigants that have consented to receive documents and Notices of Electronic Filings by email, have been served electronically at the e-mail address listed on the (NEF)
October 12, 2021 Filing 20 Letter to Chief Judge J. Michael Seabright from John Penitani re: #15 (Attachments: #1 Mailing Envelope) (jo)
October 4, 2021 Filing 19 EO: On September 24, 2021, the court issued an Order Dismissing Action Without Prejudice [ECF No. 15]. The Clerk's Office received two letters from Plaintiff on October 1, 2021 [ECF Nos. 17, 18]. It appears that Plaintiff wrote and mailed the two letters before he received the September 24, 2021 Order. In the letters, Plaintiff repeats the arguments that he made in his earlier filings, including that the charges against him "should be dopped" [ECF No. 17 at PageID # 57]. As the court explained in dismissing this action, the court lacks jurisdiction to consider such arguments [ECF No. 15 at PageID # 51-55]. See United States v. Crow, 780 F. App'x 546, 547 (9th Cir. 2019) ("Because [the defendant] did not obtain this court's authorization to file another section 2255 motion, his [filing] should have been treated as a disguised second or successive section 2255 motion over which the district court lacked jurisdiction."). Thus, nothing in the letters undermines the reasoning or conclusions set forth in the September 24, 2021 Order. This case therefore remains closed. 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 (NEF). Pro Se (Non-Prisoner) Litigants that have consented to receive documents and Notices of Electronic Filings by email, have been served electronically at the e-mail address listed on the (NEF) (Main Document 19 replaced on 10/4/2021) (rlfh).
October 1, 2021 Filing 18 Letter to the Clerk of of Court, dated September 16, 2021, re: The Reconsideration filed - filed by John W. Penitani (Attachments: #1 Mailing Envelope) (jo)
October 1, 2021 Filing 17 Letter to the Clerk of of Court, dated September 26, 2021, re: Reconsideration Status update; Arguements [sic] - filed by John W. Penitani (Attachments: #1 Mailing Envelope) (jo)
October 1, 2021 COURT'S CERTIFICATE of Service - copies of ECF Nos. #17 , #18 will be served by First Class Mail on October 4, 2021 to John Penitani at the address of record. (jo)
September 27, 2021 Filing 16 CLERK'S JUDGMENT entered 9/27/2021 pursuant to ECF #15 ORDER DISMISSING ACTION WITHOUT PREJUDICE (jo)COURT'S CERTIFICATE OF SERVICE - John W. Penitani will be served by First Class Mail on September 27, 2021 to the address of record listed on the (NEF).
September 24, 2021 Opinion or Order Filing 15 ORDER DISMISSING ACTION WITHOUT PREJUDICE - Signed by CHIEF JUDGE J. MICHAEL SEABRIGHT on 9/24/2021. 1. The Complaint and action are DISMISSED without prejudice for lack of jurisdiction. 2. Before Penitani files any additional 2255 motions, he must comply with the requirements of 28 U.S.C. 2255(h), 28 U.S.C. 2244(b)(3), and 9th Cir. R. 22-3. 3. The Clerk is DIRECTED to send Penitani Ninth Circuit Form 12 ("Application for Leave to File Second or Successive Petition under 28 U.S.C. 2254 or Motion under 28 U.S.C. 2255"), so that he may apply for authorization to proceed with his claims if he chooses to do so. (jo)COURT'S CERTIFICATE OF SERVICE - John W. Penitani will be served by First Class Mail on September 27, 2021 to the address of record listed on the (NEF).
September 16, 2021 Filing 14 Letter from John Penitani, Re: "The 'Reconsideration' I filed may have to wait for. And updating the courts of current filings." - filed by John W. Penitani (Attachments: #1 Mailing Envelope) (jo)
September 14, 2021 Filing 13 [SUPPLEMENT] Re: Defendant Lists - filed by John W. Penitani (Attachments: #1 Mailing Envelope) (jo)
September 14, 2021 Filing 12 Filing fee received: $402.00; receipt numbers HI031284 ($350.00), HI031285 ($52.00) re: #1 Complaint (jo)
September 8, 2021 Filing 11 Letter to the Clerk's Office from John Penitani Re: Filing Fee (Attachments: #1 Mailing Envelope) (jo)
August 27, 2021 Filing 9 [SUPPLEMENT] - "I would like to add Judge Gilmore to the list of defendants who denied me due process." re: #1 - filed by John W. Penitani (Attachments: #1 Mailing Envelope) (jo)
August 27, 2021 Filing 8 Civil Suit Attachment re: #1 - filed by John W. Penitani (Attachments: #1 Mailing Envelope) (jo)
August 23, 2021 Filing 7 Letter from John W. Penitani re: #1 (Attachments: #1 Mailing Envelope) (jo)
August 23, 2021 Filing 6 Attachment #2 to Civil Rights Violation re: #1 - filed by John W. Penitani (Attachments: #1 Mailing Envelope) (jo)
August 23, 2021 Filing 5 Letter to the Clerk of Court (Attach to Civil Suit) re: #1 - filed by John W. Penitani Defendants Lani Nakamura and Elie Asasaki added (Attachments: #1 Mailing Envelope) (jo)
August 18, 2021 COURT'S CERTIFICATE of Service - a copy of #3 DEFICIENCY ORDER has been served by First Class Mail to John W. Penitani at the address of record on August 18, 2021. An Application to Proceed in Forma Pauperis by a Prisoner and its instructions, as well as a file-stamped copy of the Complaint was included in the mailing to Mr. Penitani. (emt, )
August 17, 2021 Filing 4 NOTICE of Case Reassignment: Please reflect new Civil case number CV 21-00346 JMS-RT on all further pleadings. (emt, )COURT'S CERTIFICATE of Service - John W. Penitani shall be served by First Class Mail to the address of record listed on the Notice of Electronic Filing (NEF) on August 18, 2021.
August 16, 2021 Opinion or Order Filing 3 DEFICIENCY ORDER - Signed by CHIEF JUDGE J. MICHAEL SEABRIGHT on 8/16/2021. (emt, )
August 16, 2021 Filing 2 Letter from John W. Penitani re mailing address, filing fee and pending second or successive 2255 petition. (emt, )
August 16, 2021 Filing 1 COMPLAINT for a Civil Case against All Defendants ; Jury Trial Requested - filed by John W. Penitani. (Attachments: #1 Mailing Documentation)(emt, )

Access additional case information on PACER

Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.

Access this case on the Hawaii District Court's Electronic Court Filings (ECF) System

Search for this case: Penitani v. Thomas et al
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Web [ Unicourt | Legal Web | Google | Bing | Yahoo | Ask ]
Plaintiff: John W. Penitani
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: AUSA Chris Thomas
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Attorney Myles Breiner
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Attorney Randall Hironaka
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Judge Susan Oki Mollway
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Attorney Andrew Kennedy
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Lani Nakamura
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Elie Asasaki
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Judge Gilmore
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?