Leialoha v. State of Hawaii, Department of Public Safety et al
| Iokepa K. Leialoha |
| State of Hawaii, Department of Public Safety, Fred Hyun, Warden Kramer Mahoe, ACO Auau, ACO Tabar, ACO Kyle Wise, Lt. Kahapea, Sgt. Sam Kaeo, Sgt. Chong, ACO Sanchez, ACO Alo, ACO Lee and Sgt. Sugitan |
| Shelley Harrington and Laurie Nadamoto |
| 1:2021cv00411 |
| October 13, 2021 |
| US District Court for the District of Hawaii |
| JILL A OTAKE |
| ROM TRADER |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 |
| None |
Docket Report
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| COURT'S CERTIFICATE of Service - a copy of #9 SERVICE ORDER has been served by First Class Mail to Iokepa K. Leialoha at the address of record on December 2, 2021. Registered Participants of CM/ECF received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). A certified copy of the #9 SERVICE ORDER, #1 Complaint and Civil Service Packets for Defendants Sugitan, Lee, Wise, Alo, Auau and Mahoe were served by email to DPS Litigation Coordinators Shelley Nobriga Harrington, Esq. and Laurie Nadamoto, Esq. on December 2, 2021. A certified copy of the #9 SERVICE ORDER, #1 , Complaint, #7 ORDER DISMISSING COMPLAINT IN PART WITH PARTIAL LEAVE TO AMEND AND DENYING MOTION FOR APPOINTMENT OF COUNSEL, and issued summonses for Defendants Sugitan, Lee, Wise, Alo, Auau and Mahoe were served by email to the U.S. Marshals Service on December 2, 2021. (eta) |
| Filing 16 CIVIL Waiver of Service Packets for Sergeant Sugitan, ACO Lee, ACO Kyle Wise, ACO Alo, ACO Auau and Warden Kramer Mahoe. (Attachments: #1 Civil Waiver Packet for ACO Lee, #2 Civil Waiver Packet for ACO Kyle Wise, #3 Civil Waiver Packet for ACO Alo, #4 Civil Waiver Packet for ACO Auau, #5 Civil Waiver Packet for Warden Kramer Mahoe)(eta) |
| Filing 15 Summons Issued as to Warden Kramer Mahoe. (eta) |
| Filing 14 Summons Issued as to ACO Auau. (eta) |
| Filing 13 Summons Issued as to ACO Alo. (eta) |
| Filing 12 Summons Issued as to ACO Kyle Wise. (eta) |
| Filing 11 Summons Issued as to ACO Lee. (eta) |
| Filing 10 Summons Issued as to Sergeant Sugitan. (eta) |
Filing 9
SERVICE ORDER - Signed by JUDGE JILL A. OTAKE on 12/1/2021. (eta)
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| Filing 8 NOTICE to Proceed With Count II and Count III - by Iokepa K. Leialoha. (Attachments: #1 Mailing Documentation)(eta) |
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Filing 7
ORDER DISMISSING COMPLAINT IN PART WITH PARTIAL LEAVE TO AMEND AND DENYING MOTION FOR APPOINTMENT OF COUNSEL re #1 , #5 - Signed by JUDGE JILL A. OTAKE on 11/17/2021. Excerpt of conclusion: (1) Leialoha's claims against the State of Hawaii, the Department of Public Safety, and Defendants in their official capacities, as well as those on behalf of third parties are DISMISSED with prejudice. (2) Leialoha's threat-to-safety claim in Count II against Sergeant Sugitan and ACO Lee, and his excessive force claim in Count III against ACO Wise, ACO Alo, ACO Auau, and Warden Mahoe may proceed. (3) Leialoha's remaining claims are DISMISSED with leave granted to amend. Leialoha may file an amended pleading that attempts to cure the noted deficiencies in these claims, if possible, on or before December 17, 2021. (5) IN THE ALTERNATIVE, Leialoha may notify the Court in writing on or before December 17, 2021, that he elects to proceed only with his threat-to safety claim in Count II against Sergeant Sugitan and ACO Lee, and his excessive force claim in Count III against ACO Wise, ACO Alo, ACO Auau, and Warden Mahoe, and these claims shall be served. If Leialoha fails to file either an amended pleading or a notice of election, the Court will direct that the Complaint be served as limited by this Order. (eta)COURT'S CERTIFICATE OF SERVICE - Iokepa K. Leialoha served by First Class Mail to the address of record listed on the Notice of Electronic Filing (NEF) on November 17, 2021. A blank prisoner civil rights complaint form shall be included in the mailing to Plaintiff.
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| Filing 6 PLRA Filing fee: $ 350, receipt number HI031619 re #1 Complaint (eta) |
| Filing 5 MOTION for Appointment of Counsel - by Plaintiff Iokepa K. Leialoha (Attachments: #1 Mailing Documentation)(eta) |
| Filing 4 EO: The parties are directed to review the General Civil Case Procedures Before Judge Otake posted on the court's website and are expected to comply with the most recent version that is posted. (JUDGE JILL A. OTAKE)(shm)COURT'S 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) |
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Filing 3
ORDER GRANTING APPLICATION TO PROCED IN FORMA PAUPERIS BY A PRISONER re #2 - Signed by JUDGE JILL A. OTAKE on 10/14/2021. (eta)COURT'S CERTIFICATE OF SERVICE - Iokepa K. Leialoha served by First Class Mail to the address of record listed on the Notice of Electronic Filing (NEF) on October 14, 2021. A copy of this order was served by First Class Mail to the Warden and Financial Office of Halawa Correctional Facility on October 14, 2021. DPS Litigation Coordinators Shelley Nobriga Harrington, Esq. and Laurie Nadamoto, Esq., and the Finance Department for the District of Hawaii received this order electronically to the email addresses reflected on the Notice of Electronic Filing (NEF).
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| Filing 2 APPLICATION to Proceed in Forma Pauperis by a Prisoner - by Plaintiff Iokepa K. Leialoha. (eta) |
| Filing 1 PRISONER CIVIL RIGHTS COMPLAINT against All Defendants - filed by Iokepa K. Leialoha. (Attachments: #1 (Proposed) Summons, #2 Mailing Documentation)(eta) |
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