Murphy v. Derr et al
| Jonathan D. Murphy |
| Ms. Estella Derr, Mr. Robl, Ms. Lopez and Dr. Pysh |
| 1:2022cv00110 |
| March 21, 2022 |
| US District Court for the District of Hawaii |
| JILL A OTAKE |
| WES REBER PORTER |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Civil Rights Act |
| None |
Docket Report
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This docket was last retrieved on July 8, 2022. A more recent docket listing may be available from PACER.
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Filing 9
ORDER DISMISSING COMPLAINT WITH PARTIAL LEAVE TO AMEND re #1 - Signed by JUDGE JILL A. OTAKE on 5/9/2022. (1) The Complaint, ECF No. 1, is DISMISSED for failure to state a claim pursuant to 28 U.S.C. 1915(e)(2) and 1915A(b)(1).(2) Murphy may amend his pleading, however, by curing the deficiencies in his claims on or before June 8, 2022.(3) Failure to timely file an amended pleading may result in AUTOMATIC DISMISSAL of this suit without further notice, and Murphy may incur a strike under 28 U.S.C. 1915(g).(4) ALTERNATIVELY, Murphy may voluntarily dismiss this action pursuant to FRCP 41(a)(1), and such a dismissal will not count as a strike under 28 U.S.C. 1915(g).(5) The Clerk is DIRECTED to send Murphy a blank prisoner civil rights complaint form so that he can comply with this order if he elects to file an amended pleading.COURT'S CERTIFICATE OF SERVICE - Jonathan D. Murphy shall be served by First Class Mail to the address of record listed on the (NEF) on 5/9/2022. A blank prisoner civil rights complaint form and instructions shall be included in the mailing to Plaintiff. (jni)
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| COURT'S CERTIFICATE of Service - a copy of #8 ORDER GRANTING IN FORMA PAUPERIS APPLICATION has been served by First Class Mail to Jonathan D. Murphy at the addresses of record on April 8, 2022. A copy of the order has been served by First Class Mail to the Federal Bureau of Prisons at 320 First St., NW, Washington, DC 20534 and FDC Honolulu c/o Warden and Financial Office at FDC Honolulu, P. O. Box 30547, Honolulu, HI 96820 on April 8, 2022. The order was served electronically to the Financial Department for the District of Hawaii on April 7, 2022. Registered Participants of CM/ECF received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). (eta) |
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Filing 8
ORDER GRANTING IN FORMA PAUPERIS APPLICATION re #1 , #4 , #7 - Signed by JUDGE JILL A. OTAKE on 4/7/2022. (eta)
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| Filing 7 Letter to Clerk in RESPONSE to #5 Order Denying Application to Proceed In Forma Pauperis - filed by Jonathan D. Murphy. (Attachments: #1 Mailing Documentation)(eta) |
| COURT'S CERTIFICATE of Service - a copy of #6 "received" stamped letter and a copy of the General Civil Case Procedures Before Judge Otake (available on the court's website, www.hid.uscourts.gov) have been served by First Class Mail to Jonathan D. Murphy at the address of record on April 1, 2022. (eta) |
| Filing 6 Letter to Clerk from Jonathan D. Murphy in response to 3 Entering Order and request for a copy of General Civil Case Procedures Before Judge Otake, dated March 28, 2022. (Attachments: #1 Mailing Documentation)(eta) |
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Filing 5
ORDER DENYING APPLICATION TO PROCEED IN FORMA PAUPERIS BY A PRISONER re #4 - Signed by JUDGE JILL A. OTAKE on 3/30/2022. Murphy is DIRECTED to submit a complete Application to Proceed In Forma Pauperis by a Prisoner that also includes: (1) certification by prison officials of the amount currently in his prison account; and (2) an account statement for the preceding six months showing all deposits and withdrawals to Murphy's account during that period. Failure to pay the filing fee or submit a complete application on or before April 27, 2022, will result in automatic dismissal of this suit without prejudice. See Fed. R. Civ. P. 41(b); see also Olivares v. Marshall, 59 F.3d 109, 112 (9th Cir. 1995). The Court will take no action on any pending or future filings in this action until Murphy pays the filing fee or is granted IFP status. The Clerk is DIRECTED to send Murphy an Application to Proceed In Forma Pauperis by a Prisoner so that he can comply with this Order. (eta)COURT'S CERTIFICATE OF SERVICE - Jonathan D. Murphy has been served by First Class Mail to the address of record listed on the Notice of Electronic Filing (NEF) on March 30, 2022. An Application to Proceed In Forma Pauperis by a Prisoner and its instructions shall be included in the mailing to Plaintiff.
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| Filing 4 APPLICATION to Proceed In Forma Pauperis by a Prisoner - by Plaintiff Jonathan D. Murphy (Attachments: #1 Mailing Documentation)(eta) |
| Filing 3 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 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) |
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Filing 2
DEFICIENCY ORDER - Signed by CHIEF JUDGE J. MICHAEL SEABRIGHT on 3/21/2022. COURT'S CERTIFICATE OF SERVICE - Jonathan D. Murphy will be served by First Class Mail on 3/22/2022 to FDC Honolulu, P.O. Box 30080, Honolulu, HI 96820, the address of record listed on the (NEF). A file-stamped Complaint, Deficiency Order, and a blank form for an Application to Proceed Informa Pauperis by a Prisoner has been included in the mailing. 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). Registered Participants of CM/ECF received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF).(jni)
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| Filing 1 PRISONER CIVIL RIGHTS COMPLAINT against All Defendants - filed by Jonathan D. Murphy. (Attachments: #1 Financial Certificate and Consent to Collection of Fees, #2 Mailing Envelope)(jni) |
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