Green et al v. Laubach
| Abbra L. Green and Austin D. Martin |
| The Honorable K. Kanani Laubach and The Honorable M. Kanani Laubach |
| 1:2022cv00444 |
| October 11, 2022 |
| US District Court for the District of Hawaii |
| KENNETH J MANSFIELD |
| DERRICK K WATSON |
| Civil Rights: Other |
| 28 U.S.C. § 1441 Petition for Removal- Civil Rights Act |
| None |
Docket Report
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Filing 24
ORDER of USCA as to #16 Notice of Appeal, filed by Austin D. Martin, Abbra L. Green; USCA No. 22-16641 (Attachments: #1 Instructions for Form 4, #2 Form 4 Motion and Affidavit for Permission to Proceed in Forma Pauperis)A review of this court's docket reflects that the filing and docketing fees for this appeal remain due. Within 21 days after the date of this order, appellant shall pay to the district court the $505.00 filing and docketing fees for this appeal and file in this court proof of such payment or file in this court a motion to proceed in forma pauperis.The filing of a motion to proceed in forma pauperis will automatically stay the briefing schedule under Ninth Circuit Rule 27-11.The Clerk shall serve a Form 4 financial affidavit on appellant.If appellant fails to comply with this order, this appeal may be dismissed by the Clerk for failure to prosecute. See 9th Cir. R. 42-1.(jni)
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| COURT'S CERTIFICATE of Service - a copy of #24 USCA Order, shall be served by First Class Mail to the addresses of record on 11/1/2022. 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 23
ORDER (1) DENYING MOTION FOR RECUSAL; (2) DENYING MOTION FOR RECONSIDERATION; AND (3) DENYING MOTION FOR LEAVE TO AMEND. Signed by JUDGE DERRICK K. WATSON on October 25, 2022.The Clerk is instructed to mail a certified copy of this Order to the clerk of the Third Circuit Court. (tyk)
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| Filing 21 Attorney Appeal Packet re #16 Notice of Appeal, filed by Austin D. Martin, Abbra L. Green; USCA No. 22-16641 (Attachments: #1 Notice of Appeal, #2 District Court Instructions for Civil Appeals, #3 Docket Sheet)(jni) |
| Filing 20 USCA TIME SCHEDULE ORDER as to #16 Notice of Appeal, filed by Austin D. Martin, Abbra L. Green; USCA No. 22-16641 (Attachments: #1 Notice to all Parties and Counsel)(jni) |
| Filing 19 USCA Case Number 22-16641 for #16 Notice of Appeal, filed by Austin D. Martin, Abbra L. Green. (jni) |
| COURT'S CERTIFICATE of Service - a copy of #23 ORDER (1) DENYING MOTION FOR RECUSAL; (2) DENYING MOTION FOR RECONSIDERATION; AND (3) DENYING MOTION FOR LEAVE TO AMEND has been served by First Class Mail to Abbra L. Green and Austin D. Martin at the addresses of record on October 25, 2022. Registered Participants of CM/ECF received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). (tyk) |
| COURT'S CERTIFICATE of Service - a copy of #19 USCA Case Number, #20 USCA Time Schedule Order, and #21 Attorney Appeal Packet, shall be served by First Class Mail to Abbra L. Green at the address of record on 10/25/2022, and to Austin D. Martin at the address of record on 10/25/2022. Registered Participants of CM/ECF received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). (jni) |
| COURT'S CERTIFICATE of Service - a certified copy of #23 ORDER (1) DENYING MOTION FOR RECUSAL; (2) DENYING MOTION FOR RECONSIDERATION; AND (3) DENYING MOTION FOR LEAVE TO AMEND has been served by First Class Mail to the Third Circuit Court, State of Hawaii on October 24, 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 22 Filing fee: $ 402, Receipt Number HI033594 re #1 Notice of Removal (jni) |
| Filing 18 ACKNOWLEDGEMENT OF RECEIPT from the Circuit Court of the Third Circuit, State of Hawaii as to #8 Transmittal Letter. (jni) |
| Filing 17 Email to Judge Derrick K. Watson from Plaintiffs Abbra L. Green and Austin D. Martin Re: Notice of Appeal and Motions, dated October 24, 2022. (tyk) |
| Filing 16 NOTICE OF APPEAL from Judgment or Order of a United States District Court by Abbra L. Green, Austin D. Martin; USCA No. 22-16641. $505 filing fee not paid. (apg) Modified on 10/25/2022 (jni) |
| COURT'S CERTIFICATE of Service - a copy of #17 Letter has been served by First Class Mail to Abbra L. Green and Austin D. Martin at the addresses of record on October 24, 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 15 1) MOTION to Leave and Amend 2) Request to Correct the Altered Record and Notice of Fraud; "EXHIBIT A" Declaration and Attached Photograph - by Petitioners Abbra L. Green, Austin D. Martin (Attachments: #1 Exhibit "A")(jni) |
| Filing 13 1) Notice of Intent to Appeal; 2) MOTION for Reconsideration re #6 ; 3) MOTION for Recusal - by Petitioners Abbra L. Green, Austin D. Martin (eta) |
| Filing 12 EO: On October 18, 2022, "Petitioners" Abbra L. Green and Austin D. Martin filed two further applications for leave to proceed in district court without prepaying fees or costs and an "emergency motion for expedited summary affirmance." Dkt. Nos. [9-11]. Given their pro se status, perhaps unbeknownst to Petitioners, on October 14, 2022, the Court remanded this action to the Third Circuit Court for the State of Hawaii due to a lack of subject matter jurisdiction. Dkt. No. #6 . Therefore, because the Court lacks jurisdiction and the case has been remanded, the Court will take no further action on Petitioners' latest filings in this closed case. 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. 12 has been served by First Class Mail to Abbra L. Green and Austin D. Martin at their addresses of record on October 19, 2022. Registered Participants of CM/ECF received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). (tyk) Modified on 10/19/2022 (tyk). |
| Filing 11 APPLICATION to Proceed in District Court Without Prepaying Fees or Costs - by Petitioners Abbra L. Green, Austin D. Martin (eta) |
| Filing 10 1) Emergency MOTION for Expedited Summary Affirmance - by Petitioners Abbra L. Green, Austin D. Martin (Attachments: #1 2) Exhibit 1 - Motion for Declaratory Judgement Without Relief, #2 3) Exhibit 2 - Proposed Order and Declaration, #3 4) Exhibit 3 - Proposed Order, #4 5) Exhibit 4 - Notice of Stylistic Changes to Proposed Order, #5 6) Exhibit 5 - Certificate of Service)(eta) |
| Filing 9 APPLICATION to Proceed in District Court Without Prepaying Fees or Costs - by Petitioners Abbra L. Green, Austin D. Martin (eta) |
| Filing 8 Clerk's Office Transmittal Letter to the Third Circuit Court, State of Hawaii re ECF No. #6 ORDER (1) REMANDING ACTION TO STATE CIRCUIT COURT FOR LACK OF SUBJECT MATTER JURISDICTION; AND (2) DENYING AS MOOT APPLICATION TO PROCEED WITHOUT PREPAYMENT OF FEES OR COSTS, dated October 17, 2022. (eta) |
| COURT'S CERTIFICATE of Service - a certified copy of #6 ORDER (1) REMANDING ACTION TO STATE CIRCUIT COURT FOR LACK OF SUBJECT MATTER JURISDICTION; AND (2) DENYING AS MOOT APPLICATION TO PROCEED WITHOUT PREPAYMENT OF FEES OR COSTS and the docket sheet has been served by First Class Mail to the Third Circuit Court, State of Hawaii on October 17, 2022. Registered Participants of CM/ECF received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). (eta) |
| Filing 7 1) NOTICE of Filing, Correspondence, and Service; 2) Certificate of Service - by Abbra L. Green, Austin D. Martin. (eta) |
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Filing 6
ORDER (1) REMANDING ACTION TO STATE CIRCUIT COURT FOR LACK OF SUBJECT MATTER JURISDICTION; AND (2) DENYING AS MOOT APPLICATION TO PROCEED WITHOUT PREPAYMENT OF FEES OR COSTS. Signed by JUDGE DERRICK K. WATSON on October 14, 2022.The Clerk is instructed to mail a certified copy of this Order to the clerk of the Third Circuit Court and then CLOSE this case. (tyk)
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| COURT'S CERTIFICATE of Service - a copy of #6 ORDER (1) REMANDING ACTION TO STATE CIRCUIT COURT FOR LACK OF SUBJECT MATTER JURISDICTION; AND (2) DENYING AS MOOT APPLICATION TO PROCEED WITHOUT PREPAYMENT OF FEES OR COSTS has been served by First Class Mail to Abbra L. Green and Austin D. Martin at the addresses of record on October 14, 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 5 APPLICATION to Proceed in District Court Without Prepaying Fees or Costs - by Petitioners Abbra L. Green, Austin D. Martin (eta) |
| Filing 4 1) Emergency Ex-Parte Letter of Concern - filed by Abbra L. Green, Austin D. Martin. (eta) |
| COURT'S CERTIFICATE of Service - a copy of #2 Order Setting Rule 16 Scheduling Conference, #3 Deficiency Order and an Application to Proceed in District Court Without Prepaying Fees or Costs was served by email to Petitioners Abbra L. Green and Austin D. Martin at siloamtradingcompany@gmail.com on October 12, 2022. Additionally, file-stamped copies of the #1 Notice of Removal and #4 Emergency Ex Parte Letter of Concern was included in the email to Petitioners. 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 3
DEFICIENCY ORDER - Signed by CHIEF JUDGE J. MICHAEL SEABRIGHT on 10/11/2022. (eta)
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Filing 2
Order Setting Telephonic Rule 16 Scheduling Conference is set for 09:30AM on 12/12/2022 before MAGISTRATE JUDGE KENNETH J. MANSFIELD - Signed by CHIEF JUDGE J. MICHAEL SEABRIGHT on 10/11/2022. (Attachments: #1 Memo from Clerk Re: Corporate Disclosures) (eta)
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| Filing 1 1) Verified NOTICE OF REMOVAL; 2) Motion for Declaratory Judgment with Proposed Order; 3) Exhibit List and Exhibits A, B, C, D by Abbra L. Green, Austin D. Martin from Third Circuit Court, State of Hawaii, case number 3DCW-21-0002065. (Attachments: #1 Exhibit List, #2 Exhibit A - Declaration of Austin Martin, #3 Exhibit B - "2065 downloaded" - Statement in Support of Declaration, #4 Exhibit C - Supplemental Joint Statement(s) by Petitioners, #5 Memorandum of Points and Authorities, #6 Supplemental Documents)(eta) |
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