Hurst v. Derr et al
| Eric Hurst |
| Estela Derr, Kris Robl and Nurse Dayton |
| 1:2022cv00171 |
| April 15, 2022 |
| US District Court for the District of Hawaii |
| ROM TRADER |
| DERRICK K WATSON |
| Prisoner: Civil Rights |
| 28 U.S.C. ยง 1331 Federal Question: Bivens Act |
| None |
Docket Report
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| Filing 11 Attorney/Pro Se Appeal Packet re #7 Notice of Appeal filed by Eric Hurst, USCA NO. 22-15776. (Attachments: #1 Notice of Appeal, #2 Instructions for Civil Appeals (No Hearings held), #3 Docket Sheet)(eta)COURT'S CERTIFICATE OF SERVICE - Eric Hurst has been served by First Class Mail to the address of record listed on the Notice of Electronic Filing (NEF) on May 23, 2022. |
| Filing 10 USCA Scheduling Order as to #7 Notice of Appeal filed by Eric Hurst. USCA NO. 22-15776. (eta)COURT'S CERTIFICATE OF SERVICE - Eric Hurst has been served by First Class Mail to the address of record listed on the Notice of Electronic Filing (NEF) on May 23, 2022. |
| Filing 9 USCA Case Number 22-15776 for #7 Notice of Appeal filed by Eric Hurst. (eta)COURT'S CERTIFICATE OF SERVICE - Eric Hurst has been served by First Class Mail to the address of record listed on the Notice of Electronic Filing (NEF) on May 23, 2022. |
| Filing 8 EO: On May 13, 2022, Plaintiff Hurst filed a "Notice of Intent to Appeal" (Dkt. No. 7) this Court's May 6, 2022 order dismissing his Prisoner Civil Rights Complaint (Dkt. No. 1). Plaintiff "asks the Court Clerk to initiate the process of appeal on his behalf." It is the responsibility of Plaintiff, not this Court, to initiate and prosecute any appeal he may wish to file. Accordingly, the Court will take no further action on Dkt. No. 7. IT IS SO ORDERED. (JUDGE DERRICK K. WATSON)(tyk)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) |
| COURT'S CERTIFICATE of Service - a copy of Dkt. No. 8 has been served by First Class Mail to Eric Hurst at the address of record on May 17, 2022. Registered Participants of CM/ECF received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). (tyk) |
| Filing 7 Plaintiff's Notice of Intent to Appeal [NOTICE OF APPEAL] re #6 - by Eric Hurst. Filing fee $ IFP granted pursuant to ECF No. #3 . (Attachments: #1 Mailing Documentation)(eta) |
Filing 6
ORDER DISMISSING COMPLAINT IN PART WITH PARTIAL LEAVE TO AMEND re #1 - Signed by JUDGE DERRICK K. WATSON on 5/6/2022. (1) Hurst's access-to-court claim in Count I against Robl is DISMISSED with prejudice. (2) Hurst states a denial-of-adequate-medical-care claim in Count III against Nurse Dayton that may proceed. (3) Hurst's threat-to-safety claim in Count II against Warden Derr and Robl is DISMISSED with leave to amend. Hurst may file an amended pleading that attempts to cure the noted deficiencies in this claim, if possible, on or before May 31, 2022. (4) If he chooses to file an amended pleading, Hurst must comply with the Federal Rules of Civil Procedure and the Local Rules for the District of Hawaii, particularly LR10.4, which require an amended complaint to be complete itself, without reference to any prior pleading. An amended complaint must be short and plain, comply with Rule 8 of the Federal Rules of Civil Procedure, and be submitted on the court's prisoner civil rights form. An amended complaint will supersede the preceding complaint. Claims not realleged in an amended complaint may be deemed voluntarily dismissed. (5) IN THE ALTERNATIVE, Hurst may notify the Court in writing on or before May 31, 2022 that he elects to proceed with only his denial-of-adequate-medical-care claim in Count III against Nurse Dayton, and this claim shall be served. If Hurst fails to timely file either an amended pleading or a notice of election, the Court will direct that the Complaint be served as limited by this Order. (6) The Clerk is DIRECTED to send Hurst a prisoner civil rights complaint form so that he may comply with the directions of this Order if he elects to file an amended pleading. (eta)COURT'S CERTIFICATE OF SERVICE - Eric Hurst shall be served by First Class Mail to the address of record listed on the Notic of Electronic Filing (NEF) on May 9, 2022. A blank prisoner civil rights complaint form shall be included in the mailing to Plaintiff.
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| Filing 5 CERTIFICATE OF SERVICE - by Eric Hurst Re: Service of Complaint on Estela Derr (Attachments: #1 Mailing Envelope) (jo) |
| Filing 4 CERTIFICATE OF SERVICE - by Eric Hurst Re: Service of Complaint on Kris Robl (Attachments: #1 Mailing Envelope) (jo) |
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Filing 3
ORDER GRANTING IN FORMA PAUPERIS APPLICATION re: #2 - Signed by JUDGE DERRICK K. WATSON on 4/19/2022. (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, the FDC-Honolulu Warden and Financial Office, and/or the Bureau of Prisons, and submit a copy of this order to the District of Hawaii's Financial Department. (jo)COURT'S CERTIFICATE OF SERVICE - On April 19, 2022: Eric Hurst 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.
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| Filing 2 APPLICATION to Proceed in forma pauperis by a Prisoner - by Plaintiff Eric Hurst (Attachments: #1 Mailing Envelope) (jo) |
| Filing 1 PRISONER CIVIL RIGHTS COMPLAINT against All Defendants - filed by Eric Hurst (Attachments: #1 Mailing Envelope) (jo) |
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