Lu v. Derr et al
Plaintiff: Ti Lu
Defendant: Estella Derr, Dr. Kwon and S. Mulitalo
Case Number: 1:2022cv00122
Filed: March 24, 2022
Court: US District Court for the District of Hawaii
Presiding Judge: J MICHAEL SEABRIGHT
Referring Judge: ROM TRADER
Nature of Suit: Prisoner: Civil Rights
Cause of Action: 28 U.S.C. ยง 1331 Federal Question: Bivens Act
Jury Demanded By: None
Docket Report

This docket was last retrieved on March 10, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
May 2, 2022 Opinion or Order Filing 6 FIRST AMENDED PRISONER CIVIL RIGHTS COMPLAINT against Dr. Kwon, S. Mulitalo - filed by Ti Lu (Attachments: #1 "A", #2 "B", #3 "C", #4 Mailing Envelope) (jo)
April 15, 2022 Opinion or Order Filing 5 ORDER DISMISSING PRISONER CIVIL RIGHTS COMPLAINT, ECF NO. #1 , WITH PARTIAL LEAVE TO AMEND - Signed by CHIEF JUDGE J. MICHAEL SEABRIGHT on 4/15/2022. (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), with partial leave granted to amend. (2) If Lu wants this action to proceed, he must file an amended pleading that cures the noted deficiencies on or before May 16, 2022. (3) Failure to timely file an amended pleading will result in AUTOMATIC DISMISSAL of this suit without further notice. (4) ALTERNATIVELY, Lu may voluntarily dismiss this action pursuant to Fed. R. Civ. P. 41(a)(1). (5) The Clerk is DIRECTED to send Lu a blank prisoner civil rights complaint form so that he can comply with this order if he elects to file an amended pleading. (jo)COURT'S CERTIFICATE OF SERVICE - Ti Lu will be served by First Class Mail on April 18, 2022 to the address of record listed on the Notice of Electronic Filing (NEF). A blank prisoner civil rights complaint form is also included in this mailing.
April 7, 2022 Opinion or Order Filing 4 PLRA Filing fee received: $45.73; receipt number HI032484 re #1 Complaint (jo)
March 28, 2022 Opinion or Order Filing 3 ORDER GRANTING PLAINTIFF'S IN FORMA PAUPERIS APPLICATION, ECF NO. #2 - Signed by CHIEF JUDGE J. MICHAEL SEABRIGHT on 3/28/2022. IT IS HEREBY ORDERED that: (1)The Warden of the Federal Detention Center Honolulu ("FDC Honolulu"), or the Warden's designee, shall calculate, collect, and remit to the Clerk of Court an initial partial payment equaling 20% of Plaintiff's average monthly balance or average monthly deposits to his account within the past six months, whichever is greater. Thereafter, the Warden or designee shall collect monthly payments equaling 20% of Plaintiff's preceding month's income when the account exceeds $10.00, until the $350.00 filing fee is paid in full. See 28 U.S.C. 1915(b)(2). These payments must be identified by the name and number assigned to this action. (2)The Clerk is directed to serve a copy of this order on Plaintiff, FDC Honolulu's Warden and Financial Office, and/or the Bureau of Prisons, and submit a copy of this order to the District of Hawaii's Finance Department. (jo)COURT'S CERTIFICATE OF SERVICE - On March 28, 2022: Ti Lu will be served by First Class Mail to the address of record listed on the Notice of Electronic Filing (NEF); a copy of the order shall also be served by First Class Mail to the Warden and Financial Office at FDC Honolulu, P.O. BOX 30547, Honolulu, HI 96820; and the Finance Department for the District of Hawaii received the order electronically.
March 28, 2022 Opinion or Order COURT'S CERTIFICATE OF SERVICE - a copy of ECF Nos. #1 and #2 will be served by First Class Mail to Ti Lu at the address of record on March 28, 2022. (jo)
March 24, 2022 Opinion or Order Filing 2 APPLICATION to Proceed in Forma Pauperis by a Prisoner - by Plaintiff Ti Lu (jo)
March 24, 2022 Opinion or Order Filing 1 PRISONER CIVIL RIGHTS COMPLAINT against All Defendants - filed by Ti Lu (Attachments: #1 Mailing Envelope) (jo)

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Plaintiff: Ti Lu
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Defendant: Estella Derr
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Defendant: Dr. Kwon
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Defendant: S. Mulitalo
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