Marler v. Derr et al
| Thomas E. Marler |
| Estella Derr, Dr. Kwon and Nurse Dayton |
| 1:2022cv00108 |
| March 21, 2022 |
| US District Court for the District of Hawaii |
| LESLIE E KOBAYASHI |
| KENNETH J MANSFIELD |
| Prisoner: Civil Rights |
| 28 U.S.C. ยง 1331 Federal Question: Bivens Act |
| None |
Docket Report
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| Filing 14 Filing fee: $ 402, receipt number HI032646 re #1 Complaint (eta) |
| Filing 13 EO: On 04/11/2022, Plaintiff filed a #9 Motion in Support of Plaintiff's Prisoner Civil Rights Complaint Per 28 U.S.C. 1331 and a #10 Motion to Establish "Deliberate Indifference" (collectively, "04/11/2022 Motions"). The 04/11/2022 Motions do not seek relief from the court, but make assertions regarding the substance of Plaintiff's claims. See ECF No. 9 at 2 ("The Plaintiff seeks no relief from this Motion, only to bring this incident to the Court's attention...."). The Court, however, is not a repository for Plaintiff's evidence. The Court thus takes no action with respect to the 04/11/2022 Motions. The Court cautions Plaintiff that if he continues to file purported evidence of his claims without a proper basis for doing so, the Court may strike Plaintiff's submissions. (MAGISTRATE JUDGE KENNETH J. MANSFIELD)(kjm2)COURTS CERTIFICATE OF SERVICE - Non-Registered CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (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 12
EO: On 04/11/2022, Plaintiff filed a #8 Motion in Support of Biven's Action, in which Plaintiff "requests extension of the deadline for payment." On 04/13/2022, Plaintiff filed a #11 Motion to Provide Facts Concerning Lack of Payment, which the Court construes as a supplement to the Motion in Support of Biven's Action. The Court GRANTS the #8 Motion in Support of Biven's Action and continues the deadline by which Plaintiff must either pay the $402.00 filing fee or submit a completed and executed application to proceed in forma pauperis, as set forth in the district court's #3 Deficiency Order, from 04/18/2022 to 05/02/2022. The Court cautions Plaintiff that failure to timely file an in forma pauperis application or the statutory filing fee by 05/02/2022 will result in AUTOMATIC DISMISSAL of this action. IT IS SO ORDERED. Signed by MAGISTRATE JUDGE KENNETH J. MANSFIELD on 04/14/2022. (kjm2)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 11 MOTION To Provide Facts Concerning Lack of Payment by Plaintiff Thomas E. Marler. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Certificate of Service, #5 Mailing Envelope)(apg) |
| Filing 10 Motion to Establish "Deliberate Indifference" re #1 - by Thomas E. Marler. (Attachments: #1 Exhibit A, #2 Mailing Documentation)(eta) |
| Filing 9 Motion in Support of #1 Plaintiff's Prisoner Civil Rights Complaint Per 28 U.S.C. 1331 - filed by Thomas E. Marler. (Attachments: #1 Mailing Documentation)(eta) |
| Filing 8 Supplemental MOTION in Support of Bivens's Action - by Plaintiff Thomas E. Marler ["Plaintiff requests extension of the deadline for payment if the Honolulu FDC continues to delay processing the March 26, 2022 request."] (Attachments: #1 Mailing Documentation)(eta) |
| Filing 7 EO: COURT ORDER DENYING PLAINTIFFS REQUEST FOR AN EMERGENCY ORDER.Before the Court is Plaintiff's "Request for an Emergency Order" [ECF No. #6 ]. Plaintiff has not yet paid the filing fee or applied to proceed in forma pauperis. Until this occurs, the Court cannot screen the Complaint [ECF No. 1] in accordance with 28 U.S.C. 1915(e)(2) and 1915A(a) to determine whether it states any cognizable claims. Because screening has not occurred, the Court has not ordered service of the Complaint, and none of the Defendants have been served or appeared in this action. The Request [ECF No. #6 ] is therefore DENIED without prejudice. See Marti v. Padilla, No. 1:07-cv-00066-LJO-DLB PC, 2007 WL 704180, at *1 (E.D. Cal. Mar. 5, 2007) ("Plaintiff is not entitled to preliminary injunctive relief until such time as the court finds that his complaint contains cognizable claims for relief against the named defendants and the named defendants have been served with the summons and complaint."), report and recommendation adopted, No. 1:07-cv-0066-LJO-DLB PC, 2007 WL 1342125 (E.D. Cal. May 7, 2007). To the extent Plaintiff alleges that he has pressing medical needs [ECF No. #6 at 1], he should provide this information to the appropriate prison officials at the Federal Detention Center, Honolulu, where Plaintiff is currently incarcerated. (JUDGE LESLIE E. KOBAYASHI)(afe)COURTS CERTIFICATE OF SERVICE - Non-Registered CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (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 6 Plaintiff's REQUEST for an Emergency Order - by Plaintiff Thomas E. Marler (Attachments: #1 Mailing Documentation)(eta) |
| Filing 5 Letter to Clerk from Thomas E. Marler re remittance of filing fee, dated March 27, 2022. (Attachments: #1 Mailing Documentation) (eta) |
| Filing 4 CERTIFICATE OF SERVICE re #1 - by Thomas E. Marler (Attachments: #1 Mailing Documentation)(eta) |
| COURT'S CERTIFICATE of Service - a copy of #3 DEFICIENCY ORDER has been served by First Class Mail to Thomas E. Marler at the address of record on March 22, 2022. Additionally, an Application to Proceed In Forma Pauperis by a Prisoner, its instructions, a file-stamped copy of the Complaint and a "received" stamped copy of the Request for Withdrawal of Funds were included in the mailing to Plaintiff. (eta) |
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Filing 3
DEFICIENCY ORDER - Signed by CHIEF JUDGE J. MICHAEL SEABRIGHT on 3/21/2022. (eta)
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| Filing 2 REQUEST for Withdrawal of Inmate's Personal Funds submitted by Plaintiff Thomas E. Marler to the Federal Bureau of Prisons, dated March 13, 2022. (eta) |
| Filing 1 PRISONER CIVIL RIGHTS COMPLAINT against All Defendants - filed by Thomas E. Marler. (Attachments: #1 Mailing Documentation)(eta) |
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