Penitani v. Thomas et al
| John W. Penitani |
| AUSA Chris Thomas, Attorney Myles Breiner, Attorney Randall Hironaka, Judge Susan Oki Mollway, Attorney Andrew Kennedy, Lani Nakamura, Elie Asasaki and Judge Gilmore |
| 1:2021cv00346 |
| August 16, 2021 |
| US District Court for the District of Hawaii |
| J MICHAEL SEABRIGHT |
| ROM TRADER |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
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| 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) |
| Filing 20 Letter to Chief Judge J. Michael Seabright from John Penitani re: #15 (Attachments: #1 Mailing Envelope) (jo) |
| 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). |
| 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) |
| 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) |
| 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) |
| 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). |
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).
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| 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) |
| Filing 13 [SUPPLEMENT] Re: Defendant Lists - filed by John W. Penitani (Attachments: #1 Mailing Envelope) (jo) |
| Filing 12 Filing fee received: $402.00; receipt numbers HI031284 ($350.00), HI031285 ($52.00) re: #1 Complaint (jo) |
| Filing 11 Letter to the Clerk's Office from John Penitani Re: Filing Fee (Attachments: #1 Mailing Envelope) (jo) |
| 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) |
| Filing 8 Civil Suit Attachment re: #1 - filed by John W. Penitani (Attachments: #1 Mailing Envelope) (jo) |
| Filing 7 Letter from John W. Penitani re: #1 (Attachments: #1 Mailing Envelope) (jo) |
| Filing 6 Attachment #2 to Civil Rights Violation re: #1 - filed by John W. Penitani (Attachments: #1 Mailing Envelope) (jo) |
| 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) |
| 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, ) |
| 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. |
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Filing 3
DEFICIENCY ORDER - Signed by CHIEF JUDGE J. MICHAEL SEABRIGHT on 8/16/2021. (emt, )
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| Filing 2 Letter from John W. Penitani re mailing address, filing fee and pending second or successive 2255 petition. (emt, ) |
| Filing 1 COMPLAINT for a Civil Case against All Defendants ; Jury Trial Requested - filed by John W. Penitani. (Attachments: #1 Mailing Documentation)(emt, ) |
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