Hood v. Trump et al
| Charles D. Hood |
| Donald John Trump, John Glover Roberts, Jr., Charles Ernest Grassley, Nancy P. D'Alesa Pelosi and William Pelham Barr |
| 1:2021cv00442 |
| November 8, 2021 |
| US District Court for the District of Hawaii |
| WES REBER PORTER |
| J MICHAEL SEABRIGHT |
| Prisoner: Civil Rights |
| 9 U.S.C. § 9 |
| None |
Docket Report
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| Filing 15 EO: Before the court is Petitioner's "Motion to Return Funds to Petitioner Who Paid for the Filing [Fees] Who Was Granted a Hearing by Honorable Judge Wes P. Porter Hawaii Court." ECF No. #11 . When bringing an action, a prisoner must either pay the $350.00 filing fee and a $52.00 administrative fee in a lump sum or, if granted the privilege of proceeding in forma pauperis, pay the $350.00 filing fee incrementally. See 28 U.S.C. 1914, 1915. These fees are mandatory. See 28 U.S.C. 1914 ("The clerk of each district court shall require the parties instituting any civil action, suit or proceeding in such court... to pay a filing fee of $350.... The clerk shall collect from the parties such additional fees... as are prescribed by the Judicial Conference of the United States." (emphases added)); 28 U.S.C. 1915 ("[I]f a prisoner brings a civil action or files an appeal in forma pauperis, the prisoner shall be required to pay the full amount of a filing fee." (emphasis added)). "Title 28 U.S.C. 1915 does not provide any authority or mechanism for the court to waive payment of a prisoner's filing fee, or to return the filing fee after dismissal of an action." Grindling v. Martone, 2012 WL 4502954, at *2 (D. Haw. Sept. 28, 2012). Petitioner's motion is therefore DENIED. This case remains closed. IT IS SO ORDERED. (CHIEF JUDGE J. MICHAEL SEABRIGHT)(rlfh) |
| Filing 14 Transmittal Letter to Chief Judge J. Michael Seabright Re: Offer/Counter Offer, dated November 28, 2021. (eta) |
| Filing 13 Private Conditional Acceptance of Dismissal Counter Offer Sworn Commercial Affidavit re #7 , #8 - filed by Charles D. Hood. (Attachments: #1 Mailing Documentation)(eta) |
| Filing 12 Transmittal Letter to Clerk from Charles Dean Hood re Motion to Return Funds and Private Conditional Acceptance of Dismissal, dated December 6, 2021. (Attachments: #1 Mailing Documentation) (eta) |
| Filing 11 MOTION to Return Funds to Petitioner Who Paid for the Filing Fee's Who Was Granted a Hearing by Honorable Judge Wes P. Porter Hawaii Court - by Petitioner Charles D. Hood (Attachments: #1 Mailing Documentation)(eta) |
| Filing 10 EO: Before the court is Plaintiff's "Motion to Schedule Conference Pursuant to L.R. 16.2(b)." ECF No. #9 . On November 17, 2021, however, the court issued an order dismissing this action. ECF No. #7 . Plaintiff's motion is therefore DENIED as moot. This action remains closed. IT IS SO ORDERED. (CHIEF JUDGE J. MICHAEL SEABRIGHT)(rlfh) |
| Filing 9 MOTION To Schedule Conference Pursuant to L.R.16.2(b) - by Petitioner Charles D. Hood (Attachments: #1 Transmittal Letter, #2 Mailing Envelope) (jo) |
| Filing 8 CLERK'S JUDGMENT entered 11/17/2021 pursuant to ECF #7 ORDER DISMISSING ACTION (jo) |
Filing 7
ORDER DISMISSING ACTION - Signed by CHIEF JUDGE J. MICHAEL SEABRIGHT on 11/17/2021. In accordance with the foregoing: (1) This is action is DISMISSED with prejudice; (2) This dismissal may count as a "strike" under 28 U.S.C. 1915(g); (3) Any pending motions are DENIED as moot; and (4) The Clerk is DIRECTED to ENTER JUDGMENT and close the file. (jo)
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| COURT'S CERTIFICATE OF SERVICE - copies of ECF Nos. #7 Order Dismissing Action and #8 Clerk's Judgment have been served by First Class Mail to Charles D. Hood at the address of record on November 17, 2021. (jo) |
| Filing 6 Pay.gov Online Payment Re: Filing fee: $ 402.00, Pay.gov Tracking ID: 26U0QNOE re #1 , #4 by Charles D. Hood (jo) |
| Filing 5 MOTION for Summary Judgment - by Petitioner Charles D. Hood (Attachments: #1 Mailing Envelope) (jo) |
| Filing 4 MOTION To Confirm and Grant Arbitration Award Through Common Law - by Petitioner Charles D. Hood (Attachments: #1 Mailing Envelope) (jo) |
| COURT'S CERTIFICATE OF SERVICE - Filed copies of ECF Nos. #1 , #2 , #3 , #4 , and #5 will be served by First Class Mail on November 10, 2021 to Charles D. Hood at the address of record. A blank IFP application will also be included in the mailing. (jo) |
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Filing 3
DEFICIENCY ORDER - Signed by CHIEF JUDGE J. MICHAEL SEABRIGHT on 11/8/2021. (jo)
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Filing 2
Order Setting Telephonic Rule 16 Scheduling Conference for 09:00 AM on 1/3/2022 before MAGISTRATE JUDGE WES REBER PORTER - Signed by CHIEF JUDGE J. MICHAEL SEABRIGHT on 11/8/2021. (Attachments: #1 Memo from Clerk Re: Corporate Disclosures) (jo)
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| Filing 1 AFFIDAVIT of Charles D. Hood - filed by Charles D. Hood (Attachments: #1 Transmittal Letter, #2 Mailing Envelope) (jo) |
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