Gregory v. District Court of the Third Circuit, State of Hawaii et al
| Stuart Todd Gregory |
| District Court of the Third Circuit, State of Hawaii, Wayne Gonsalves, Douglas Freitas, Judge Perkins, Barbara Takase, Mitch Roth, Jeff Gregory, Gwen Linkle and Dr. Barbara Higa Rogers |
| 1:2021cv00471 |
| December 1, 2021 |
| US District Court for the District of Hawaii |
| KENNETH J MANSFIELD |
| SUSAN OKI MOLLWAY |
| Civil Rights: Other |
| 42 U.S.C. § 1983 |
| None |
Docket Report
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This docket was last retrieved on January 27, 2022. A more recent docket listing may be available from PACER.
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Filing 11
EO: Judgment was entered in this action in favor of Defendants on January 6, 2022, after Plaintiff failed to file an Amended Complaint and to submit the appropriate filing fee or another in forma pauperis application. See ECF No. #9 . On January 26, 2022, this court received a letter from Plaintiff. See ECF No. #10 . The court takes no action with respect to this letter, as judgment has already been entered and it does not appear to be asking this court to alter, amend, or otherwise seek relief from the judgment under Rules 59 and 60 of the Federal Rules of Civil Procedure. If Plaintiff meant to file such a motion, or if he meant to appeal, he should file a document clearly stating that intention. Otherwise, this matter is closed and Plaintiff shall refrain from filing further documents in it. (JUDGE SUSAN OKI MOLLWAY)(cib)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)
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COURT'S CERTIFICATE of Service - a copy of 11 EO has been served by First Class Mail to the addresses of record on Stuart Todd Gregory. Registered Participants of CM/ECF received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). (cib)
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Filing 10
Document received by the Clerk's Office - filed by Stuart Todd Gregory (Attachments: #1 Mailing Envelope) (jo)
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Filing 9
CLERK'S JUDGMENT entered on 1/6/2022 re #5 Order Dismissing Complaint; Order Denying As Moot Application To Proceed In Forma Pauperis and 8 EO. (cib)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)
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Filing 8
EO: On December 3, 2021, this court dismissed Plaintiff Stuart Todd Gregory's Complaint, giving him leave to file an Amended Complaint and another In Forma Pauperis Application no later than January 4, 2022. The court also provided Gregory with guidance as to what kinds of allegations any Amended Complaint should contain in order to assert a viable claim. The court warned Gregory that failure to timely file an Amended Complaint as well as to pay the applicable filing fee or to submit another In Forma Pauperis Application would lead to the automatic dismissal of this action. See ECF No. #5 . Gregory did not timely file such an Amended Complaint and he failed to pay the applicable filing fee or submit another In Forma Pauperis Application. At best, on January 5, 2022, this court received two documents from Gregory. See ECF Nos. #6 and #7 . Neither document can possibly be construed as an Amended Complaint or an In Forma Pauperis Application, as the documents do not clearly identify any particular defendant or state viable claims against the defendant or provide relevant financial information. Instead, each document consists of stream of consciousness sentences that are difficult to follow, sometimes illegible, and sometimes unintelligible. The documents received January 5, 2022, fail to allege facts sufficient to support a viable claim for which this court has jurisdiction. Accordingly, pursuant to the order of December 3, 2021, this action is dismissed. The Clerk of Court is directed to enter judgment in favor of Defendants and to close this case. (JUDGE SUSAN OKI MOLLWAY)(cib)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)
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COURT'S CERTIFICATE of Service - a copy of 8 Link, #9 Clerk's Judgment has been served by First Class Mail to the addresses of record on Stuart Todd Gregory. Registered Participants of CM/ECF received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). (cib)
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Filing 7
Document received by the Clerk's Office - filed by Stuart Todd Gregory (Attachments: #1 Mailing Envelope) (jo)
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Filing 6
AMENDED COMPLAINT against All Defendants Document received by the Clerk's Office - filed by Stuart Todd Gregory (Attachments: #1 Mailing Envelope) (jo) Modified on 1/5/2022 (jo)
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Filing 5
ORDER DISMISSING COMPLAINT; ORDER DENYING AS MOOT APPLICATION TO PROCEED INFORMA PAUPERIS re #1 , #2 - Signed by JUDGE SUSAN OKI MOLLWAY on 12/3/2021.Gregory's Complaint is dismissed, and the IFP Application is denied as moot. The court grants Gregory leave to file an Amended Complaint that states a viable claim no later than January 4, 2022. Gregory may submit another IFP Application at that time. Failure to file an Amended Complaint by January 4, 2022, as well as to pay the applicable filing fee or submit a new IFP Application, will result in the automatic dismissal of this action.The court provides some guidance to Gregory should he decide to file an Amended Complaint. First, Gregory should attempt to write as legibly as possible and should avoid writing words haphazardly on pages. If this court cannot read Gregory's writing or follow his thought process, important information maybe missed. Should Gregory use a court form, he may, of course, submit additional pages in lieu of writing words all over the form in a manner that makes it difficult to understand.Second, Gregory should state in simple language what each Defendant allegedly did and what statute, law, or duty was supposedly breached by the particular Defendant. In other words, Gregory should allege facts with respect to what each Defendant allegedly did and what each Defendant should be held liable for.Finally, Gregory should articulate the relief he is seeking. That is, if he is seeking monetary damages, he should say so clearly and identify the defendant(s) from whom he is seeking such damages.(cib)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)
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COURT'S CERTIFICATE of Service - a copy of #5 Order, blank complaint and IFP forms has been served by First Class Mail to the addresses of record on Stuart Todd Gregory. Registered Participants of CM/ECF received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). (cib)
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Filing 4
Order Setting Telephonic Rule 16 Scheduling Conference for 09:30 AM on 1/31/2022 before MAGISTRATE JUDGE KENNETH J. MANSFIELD - Signed by CHIEF JUDGE J. MICHAEL SEABRIGHT on 11/30/2021. (Attachments: #1 Memo from Clerk Re: Corporate Disclosures) (jo)
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Filing 3
EXHIBITS re: #1 - filed by Stuart Todd Gregory (Attachments: #1 Medical Records (Restricted)) (jo)
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Filing 2
APPLICATION To Proceed in District Court Without Prepaying Fees or Costs (Short Form) - filed by Plaintiff Stuart Todd Gregory (jo)
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Filing 1
COMPLAINT FOR A CIVIL CASE against All Defendants - filed by Stuart Todd Gregory (jo)
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