McClintock v. State of Hawaii
| Kenneth Leon McClintock, Jr. |
| State of Hawaii |
| 1:2021cv00350 |
| August 19, 2021 |
| US District Court for the District of Hawaii |
| JILL A OTAKE |
| ROM TRADER |
| Prisoner Petitions: Civil Detainee: Conditions of Confinement |
| 28 U.S.C. ยง 2254 |
| None |
Docket Report
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| Document Text |
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| Filing 14 EO: On 10/14/21, Petitioner Kenneth Leon McClintock, Jr. ("Petitioner") filed a #13 Motion, asking the Court to initiate a criminal investigation into the State of Hawai`i for exacerbating mental illness issues within the criminal justice system. Not only is this outside the scope of these habeas proceedings, but federal courts are not authorized to conduct or compel criminal investigations. The executive branch, not the judicial branch, has exclusive authority to conduct criminal investigations and "absolute discretion to decide whether to prosecute a case." United States v. Nixon, 418 U.S. 683, 693 (1974) (citations omitted). Accordingly, Petitioner's Motion is DENIED.(JUDGE JILL A. OTAKE)(shm) |
| Filing 13 MOTION (to initiate a criminal investigation into the State of Hawaii) - by Petitioner Kenneth Leon McClintock, Jr. (eta) |
| Filing 12 EO: The Telephonic Rule 16 Scheduling Conference set for 10/18/2021 at 09:00 AM before Magistrate Judge Trader is VACATED. (MAGISTRATE JUDGE ROM TRADER)(laa) |
| Filing 11 RESPONSE to the State re #10 - filed by Kenneth Leon McClintock, Jr. (eta) |
| Filing 10 State of Hawaii Department of Public Health's RESPONSE TO [] PETITIONER'S WRIT OF HABEAS CORPUS; Declaration of Jin Tae Kim; Certificate of Service filed by State of Hawaii. (Attachments: #1 Exhibit "1")(Kim, Jin Tae) Modified on 9/30/2021 (eta). |
| Filing 9 NOTICE of Appearance by Jin Tae Kim on behalf of State of Hawaii on behalf of State of Hawaii. (Kim, Jin Tae) |
Filing 8
ORDER DENYING MOTION FOR APPOINTMENT OF COUNSEL re #7 - Signed by MAGISTRATE JUDGE ROM TRADER on 9/7/2021. (emt, )
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| COURT'S CERTIFICATE of Service - a copy of #8 ORDER DENYING MOTION FOR APPOINTMENT OF COUNSEL has been served by First Class Mail to Kenneth Leon McClintock, Jr. at the address of record on September 7, 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 MOTION (to appoint a defense council ) - by Petitioner Kenneth Leon McClintock, Jr. (emt, ) |
| Filing 6 EO: On 8/19/21, Petitioner Kenneth McClintock, Jr. filed a Petition for Writ of Habeas Corpus. The State is DIRECTED to file a Response to the Petition by 10/1/21. Petitioner may file a Reply by 11/1/21. The Clerk of Court is DIRECTED to send a copy of this Order and the Petition to the State of Hawaii Office of the Attorney General. (JUDGE JILL A. OTAKE)(shm) |
| COURT'S CERTIFICATE of Service - a copy of #1 Petition for Writ of Habeas Corpus, 5 and 6 Minute Orders were served by First Class Mail to the Department of the Attorney General at 425 Queen Street, Honolulu, HI 96813 on August 27, 2021. A copy of 5 and 6 Minute Orders were served by First Class Mail to Kenneth Leon McClintock, Jr. to the address of record on August 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 5 EO: The parties are directed to review the General Civil Case Procedures Before Judge Otake on the court's website. (JUDGE JILL A. OTAKE)(shm) |
| Filing 4 CIVIL Waiver of Service Packet ~ Notice to Parties Regarding Service Pursuant to Rule 4 of the Federal Rules of Civil Procedure. (Attachments: #1 AO 398 Notice of Lawsuit and Request to Waive Service of Summons, #2 AO 399 Waiver of Service of Summons)(emt, ) |
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Filing 3
Order Setting Telephonic Rule 16 Scheduling Conference is set for 09:00AM on 10/18/2021 before MAGISTRATE JUDGE ROM TRADER - Signed by CHIEF JUDGE J. MICHAEL SEABRIGHT on 8/19/2021. (Attachments: #1 Memo from Clerk Re: Corporate Disclosures)(emt, )
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| Filing 2 Filing fee: $ 5.00, receipt number HI031142 re #1 Writ of Habeas Corpus (emt, ) |
| Filing 1 WRIT OF HABEAS CORPUS - filed by Kenneth Leon McClintock, Jr. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(emt, ) |
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| Petitioner: Kenneth Leon McClintock, Jr. | |
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| Respondent: State of Hawaii | |
| Represented By: | Jin Tae Kim |
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