Keliihoomalu v. Derr
| Rein Keliihoomalu |
| Estela Derr |
| 1:2022cv00175 |
| April 18, 2022 |
| US District Court for the District of Hawaii |
| SUSAN OKI MOLLWAY |
| ROM TRADER |
| Prisoner: Civil Rights |
| 28 U.S.C. ยง 1331 Federal Question: Bivens Act |
| None |
Docket Report
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| Filing 8 EO: Before the Court is a Motion for Request for More Time to Amend Complaint [ECF No. #7 ] filed by Plaintiff. The Motion is GRANTED. If Plaintiff wants this action to proceed, he must file an amended pleading on or before July 13, 2022. Failure to timely file an amended pleading may result in automatic dismissal of this suit without further notice, and Plaintiff may incur a strike under 28 U.S.C. 1915(g). In the alternative, Plaintiff may voluntarily dismiss this action pursuant to Federal Rule of Civil Procedure 41(a)(1), and such a dismissal will not count as a strike under 28 U.S.C. 1915(g). IT IS SO ORDERED. (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 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 7 Plaintiff's MOTION for Request for More Time to Amend Complaint re: #1 - by Plaintiff Rein Keliihoomalu (Attachments: #1 Transmittal Letter, #2 Mailing Envelope) (jo) |
| COURT'S CERTIFICATE of Service - a copy of 8 EO has been served by First Class Mail to the addresses of record on Rein Keliihoomalu. Registered Participants of CM/ECF received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). (cib) |
Filing 6
ORDER DISMISSING COMPLAINT WITH PARTIAL LEAVE TO AMEND re #1 .(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) Keliihoomalu may amend his pleading, however, by curing the deficiencies in his claims on or before June 13, 2022.(3) Failure to timely file an amended pleading may result in AUTOMATIC DISMISSAL of this suit without further notice, and Keliihoomalu may incur a strike under 28 U.S.C. 1915(g).(4) ALTERNATIVELY, Keliihoomalu may voluntarily dismiss this actionpursuant to Federal Rule of Civil Procedure 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 Keliihoomalu a blank prisoner civilrights complaint form so that he can comply with this order if he elects to file an amended pleading. Signed by JUDGE SUSAN OKI MOLLWAY on 5/13/2022. (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 #6 Order, blank prisoner civil rights complaint has been served by First Class Mail to the addresses of record on Rein Keliihoomalu. Registered Participants of CM/ECF received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). (cib) |
| COURT'S CERTIFICATE of Service - a copy of #5 Order on Motion for Leave to Proceed in forma pauperis has been served by First Class Mail to the addresses of record on Rein Keliihoomalu. A copy of #5 Order mailed to Warden, FDC Honolulu, c/o Finance Department. A copy of #5 Order emailed to District of Hawaii Finance Department. 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 5
ORDER GRANTING APPLICATION TO PROCEED IN FORMA PAUPERIS BY A PRISONER re #3 . Signed by JUDGE SUSAN OKI MOLLWAY on 4/26/2022. (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 4 Plaintiff's Original Signature Page re: #1 Prisoner Civil Rights Complaint - by Rein Keliihoomalu (Attachments: #1 Mailing Envelope) (jo) |
| Filing 3 APPLICATION to Proceed in Forma Pauperis by a Prisoner - by Plaintiff Rein Keliihoomalu (Attachments: #1 Mailing Envelope) (jo) |
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Filing 2
DEFICIENCY ORDER - Signed by CHIEF JUDGE J. MICHAEL SEABRIGHT on 4/18/2022. (jo)COURT'S CERTIFICATE OF SERVICE - Rein Keliihoomalu will be served by First Class Mail on April 19, 2022 to the address of record listed on the Notice of Electronic Filing (NEF).
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| Filing 1 PRISONER CIVIL RIGHTS COMPLAINT against Estela Derr - filed by Rein Keliihoomalu Note: This document is not signed by the filer (Attachments: #1 Exhibit A, #2 Mailing Envelope) (jo) Modified on 4/18/2022 (jo) |
| ADVISORY ENTRY-No Signature- Please be advised that Document #1 Prisoner Civil Rights Complaint, filed by Rein Keliihoomalu, is not signed. The Clerk's Office shall return a copy of the Complaint to the Plaintiff. The Plaintiff is directed to sign and return the copy of the Complaint to the Clerk's Office. (jo) |
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| Plaintiff: Rein Keliihoomalu | |
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| Defendant: Estela Derr | |
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