Marcos Jr. v. Del Toro
| Efren Marcos Jr. |
| Carlos Del Toro |
| 1:2022cv00418 |
| September 21, 2022 |
| US District Court for the District of Hawaii |
| KENNETH J MANSFIELD |
| J MICHAEL SEABRIGHT |
| Civil Rights: Americans with Disabilities - Employment |
| 28 U.S.C. ยง 1983 Civil Rights |
| None |
Docket Report
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This docket was last retrieved on September 26, 2023. A more recent docket listing may be available from PACER.
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Filing 9
EO: The Telephonic Rule 16 Scheduling Conference previously set for 9:30 a.m IS ADVANCED TO 9:00 a.m. (Hawaii Time) on the same date of 11/21/2022 before MAGISTRATE JUDGE KENNETH J. MANSFIELD. Parties are to participate via telephone through our ZOOM Teleconference. Call-in information for this conference is below. Parties must connect to the conference at least five (5) minutes prior to the scheduled start time of the hearing.Dial in number is 1-833-568-8864Access Code: 160 8983 1896 Observers may call in on a separate line at 1-650-479-3207, Code: 160 930 3683 (MAGISTRATE JUDGE KENNETH J. MANSFIELD)(bbb)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). A courtesy email of this Notice of Electronic Filing (NEF) was email to Pro Se Plaintiff Efren Marcos Jr. at the email address of efrenmarcosjr@gmail.com on 11/18/2022.
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Filing 8
EO: On October 7, 2022, the court issued an Order to Show Cause why the court should not dismiss this action for Plaintiff's failure to file a fully completed Application to Proceed in District Court Without Prepaying Fees or Costs or pay the $402 filing fee as previously ordered by the court. ECF No. #6 ; see also ECF No. 5 . That same day, Plaintiff paid the $402 filing fee, ECF No. #7 . Because Plaintiff paid the filing fee, the October 7, 2022 Order to Show Cause, ECF No. 6, is VACATED. (CHIEF JUDGE J. MICHAEL SEABRIGHT)(rlfh)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)
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Filing 7
Pay.gov Online Payment Received Filing fee: $ 402, Receipt Number Pay.gov Tracking ID: 271VAGB3 re #1 Complaint, by Efren Marcos. (jni)
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Filing 6
ORDER TO SHOW CAUSE - Signed by CHIEF JUDGE J. MICHAEL SEABRIGHT on 10/7/2022. Accordingly, by October 21, 2022, Plaintiff is ORDERED to show cause in writing why the court should not dismiss this action for failure to file a fully completed IFP Application or pay the $402 filing fee, as ordered. Failure to comply with this Order by October 21, 2022, will result in automatic dismissal of this action.Show Cause Response due by 10/21/2022.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 (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). (jni)
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Filing 5
EO: On September 21, 2022, Plaintiff Efren Marcos ("Plaintiff") filed a Complaint, ECF No. #1 , and an Application to Proceed in District Court Without Prepaying Fees or Costs ("IFP Application"), ECF No. #3 . Based on the IFP Application, it appears that Plaintiff does not qualify to proceed in forma pauperis. At best, the IFP Application is incomplete. Plaintiff indicates that he received income in the past 12 months from "[r]ent payments, interest, or dividends" but he does not describe each source, the amount received, and any amount Plaintiff expects to receive in the future, as instructed. ECF No. 3 at PageID.15. Furthermore, Plaintiff does not adequately describe the "real estate" to which he assigns a value of $700,000--i.e., whether this real estate is his home or the source of his rent payments, for example. See id. at PageID.16. Accordingly, the court DENIES the IFP Application without prejudice for Plaintiff to file a fully completed IFP Application that addresses the noted deficiencies no later than September 30, 2022. Alternatively, Plaintiff may pay the Complaint Civil Filing Fee of $402.00. (CHIEF JUDGE J. MICHAEL SEABRIGHT)(rlfh)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)
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Filing 4
Order Setting Telephonic Rule 16 Scheduling Conference is set for 09:30AM on 11/21/2022 before MAGISTRATE JUDGE KENNETH J. MANSFIELD - Signed by CHIEF JUDGE J. MICHAEL SEABRIGHT on 9/21/2022. (Attachments: #1 Memo Re: Corporate Disclosures)COURT'S CERTIFICATE OF SERVICE - Efren Marcos Jr. was served by email at his last known email address on 9/21/2022. (jni)
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Filing 3
APPLICATION to Proceed in District Court Without Prepaying Fees or Costs - by Efren Marcos Jr. (jni)
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Filing 2
CIVIL COVER SHEET - by Efren Marcos Jr. (jni)
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Filing 1
COMPLAINT FOR EMPLOYMENT DISCRIMINATION against Carlos Del Toro - filed by Efren Marcos Jr. (Attachments: #1 Transmittal Letter)(jni)
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| Plaintiff: Efren Marcos Jr. | |
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| Defendant: Carlos Del Toro | |
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