Sullivan v. Barbee
| Leihinahina Sullivan |
| Rustam A Barbee |
| 1:2022cv00464 |
| October 28, 2022 |
| US District Court for the District of Hawaii |
| LESLIE E KOBAYASHI |
| ROM TRADER |
| P.I.: Other |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| None |
Docket Report
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| Filing 9 EO: COURT ORDER DENYING PLAINTIFF'S MOTION FOR RECONSIDERATION.Before the Court is Plaintiffs Motion for Reconsideration [ECF No. #8 ]. Plaintiff commenced this action on October 25, 2022, by signing her Initial Complaint Against Rustam A. Barbee for Ineffective Assistance of Counsel [ECF No. #1 ]. On November 20, 2022, the Court dismissed the Complaint and this action [ECF No. #6 ]. In dismissing this action, the Court explained that there is no remedy under Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 403 U.S. 388 (1971), for Plaintiff's claims because her defense counsel was not acting under color of federal law. Even assuming the existence of a Bivens remedy, the Court explained that Plaintiff's claims are barred by Heck v. Humphrey, 512 U.S. 477 (1994), because she cannot show that her conviction or sentence has been previously invalidated. Nothing in Plaintiffs Motion undermines these conclusions. Plaintiff's Motion is therefore DENIED. (JUDGE LESLIE E. KOBAYASHI)(afe)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 8 MOTION for Reconsideration by Plaintiff Leihinahina Sullivan (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(apg) |
| Filing 7 CLERK'S JUDGMENT entered on 11/30/2022 pursuant to ECF No. #6 ORDER DISMISSING INITIAL COMPLAINT AGAINST RUSTAM A. BARBEE FOR INEFFECTIVE ASSISTANCE OF COUNSEL AND ACTION. (eta)COURT'S CERTIFICATE OF SERVICE - Leihinahina Sullivan has been served by First Class Mail to the address of record listed on the Notice of Electronic Filing (NEF) on November 30, 2022. |
Filing 6
ORDER DISMISSING INITIAL COMPLAINT AGAINST RUSTAM A. BARBEE FOR INEFFECTIVE ASSISTANCE OF COUNSEL AND ACTION re #1 - Signed by JUDGE LESLIE E. KOBAYASHI on 11/30/2022. (1) The Initial Complaint Against Rustam A. Barbee for Ineffective Assistance of Counsel, ECF No. 1, is DISMISSED for failure to state a claim pursuant to 28 U.S.C. 1915(e)(2). (2) Because amendment of Sullivan's claims would be futile, the Complaint and this action are DISMISSED WITH PREJUDICE, and this dismissal may constitute a strike under 28 U.S.C. 1915(g). (3) The Clerk is DIRECTED to enter judgment and close this case. (eta)COURT'S CERTIFICATE OF SERVICE - Leihinahina Sullivan has been served by First Class Mail to the address of record listed on the Notice of Electronic Filing (NEF) on November 30, 2022.
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Filing 5
ORDER GRANTING APPLICATION TO PROCEED IN FORMA PAUPERIS BY A PRISONER re #4 - Signed by JUDGE LESLIE E. KOBAYASHI on 11/29/2022. (eta)COURT'S CERTIFICATE OF SERVICE - Leihinahina Sullivan has been served by First Class Mail to the address of record listed on the Notice of Electronic Filing (NEF) on November 29, 2022. A copy of this order shall be served by First Class Mail to the Warden and Financial Office at FDC Honolulu, Federal Detention Center, P. O. Box 30547, Honolulu, HI 96820 and the Federal Bureau of Prisons at 320 First St., NW, Washington, DC 20534 on November 29, 2022. The Finance Department for the District of Hawaii received the order electronically.
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| Filing 4 APPLICATION to Proceed In Forma Pauperis by a Prisoner - by Plaintiff Leihinahina Sullivan (Attachments: #1 Mailing Documentation)(eta) |
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Filing 3
ORDER OF RECUSAL - Signed by CHIEF JUDGE J. MICHAEL SEABRIGHT on 10/28/2022. CHIEF JUDGE J. MICHAEL SEABRIGHT recused. Case reassigned to JUDGE LESLIE E. KOBAYASHI for all further proceedings. Please reflect Civil case number CV 22-00464 LEK-RT on all further filings. COURT'S CERTIFICATE OF SERVICE - Non-Registered CM/ECF Participants shall be served by First Class Mail to the addresses of record listed on the (NEF) on 10/31/2022. 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 2
DEFICIENCY ORDER, signed by CHIEF JUDGE J. MICHAEL SEABRIGHT on 10/28/2022. (apg)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 1 Initial Complaint Against Rustam A. Barbee For Ineffective Assistance of Counsel: Certificate of Service, filed by Leihinahina Sullivan.(apg) |
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| Plaintiff: Leihinahina Sullivan | |
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| Defendant: Rustam A Barbee | |
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