Martin v. State of Hawaii Judiciary, 3rd Circuit et al
| Austin D. Martin |
| State of Hawaii Judiciary, 3rd Circuit, County of Hawaii, Office of the Prosecuting Attorney, Kelden B. A. Waltjen and Those Certain Deputy Prosecuting Attorneys |
| 1:2022cv00506 |
| December 6, 2022 |
| US District Court for the District of Hawaii |
| LESLIE E KOBAYASHI |
| WES REBER PORTER |
| Civil Rights: Other |
| 28 U.S.C. § 1441 Petition for Removal- Civil Rights Act |
| None |
Docket Report
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| Filing 11 Clerk's Office Transmittal Letter to the Circuit Court of the Third Circuit, State of Hawaii re ECF Nos. #8 ORDER: ADOPTING THE MAGISTRATE JUDGE'S FINDINGS AND RECOMMENDATION TO GRANT PETITIONER'S REQUEST TO STRIKE; AND SUA SPONTE REMANDING THE INSTANT CASE TO STATE COURT and #10 EO: COURT ORDER DENYING MOTION FOR RECONSIDERATION, dated February 1, 2023. (eta) |
| Filing 10 EO: COURT ORDER DENYING MOTION FOR RECONSIDERATION... Because Martin has failed to identify any ground that warrants reconsideration of the 1/10 Order, the Motion for Reconsideration is DENIED. The Clerks Office is DIRECTED to effectuate the remand immediately. (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) |
| COURT'S CERTIFICATE of Service - certified copies of #6 FINDINGS AND RECOMMENDATION TO GRANT PETITIONER'S REQUEST TO STRIKE, #8 ORDER: ADOPTING THE MAGISTRATE JUDGE'S FINDINGS AND RECOMMENDATION TO GRANT PETITIONER'S REQUEST TO STRIKE; AND SUA SPONTE REMANDING THE INSTANT CASE TO STATE COURT, #10 EO: COURT ORDER DENYING MOTION FOR RECONSIDERATION and the docket sheet have been served by First Class Mail to the Circuit Court of the Third Circuit, State of Hawaii on February 1, 2023. Registered Participants of CM/ECF received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). (eta) |
| Filing 9 MOTION for Reconsideration (Or in the Alternative, for the Exercise of Supplemental Jurisdiction) re #8 - by Petitioner Austin D. Martin (eta) |
Filing 8
ORDER: ADOPTING THE MAGISTRATE JUDGE'S FINDINGS AND RECOMMENDATION TO GRANT PETITIONER'S REQUEST TO STRIKE; AND SUA SPONTE REMANDING THE INSTANT CASE TO STATE COURT re #6 - Signed by JUDGE LESLIE E. KOBAYASHI on 1/10/2023. For the foregoing reasons, the magistrate judge's Findings and Recommendation to Grant Petitioner's Request to Strike, filed December 12, 2022, is HEREBY ADOPTED. However, the instant case is REMANDED to the state court because federal subject matter jurisdiction is lacking. The Clerk's Office is DIRECTED to close this case on January 25, 2023, unless Martin files a timely motion for reconsideration of this Order. (eta)
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| COURT'S CERTIFICATE of Service - a copy of #8 ORDER: ADOPTING THE MAGISTRATE JUDGE'S FINDINGS AND RECOMMENDATION TO GRANT PETITIONER'S REQUEST TO STRIKE; AND SUA SPONTE REMANDING THE INSTANT CASE TO STATE COURT shall be served by First Class Mail to Austin D. Martin at the address of record on January 11, 2023. 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 EO: The Court CONTINUES the Telephonic Rule 16 Scheduling Conference from 1/9/2023 to 3/13/2023 at 8:30 AM before MAGISTRATE JUDGE WES REBER PORTER via Zoom: Dial in number: 1-833-568-8864; Meeting ID: 161 0084 2470. The public may listen to the proceedings by dialing the Public Dial-in number at 1-650-479-3207 and entering Access code: 1601263445. Plaintiff shall notify Defendants. (MAGISTRATE JUDGE WES REBER PORTER)(jo)COURT'S CERTIFICATE OF SERVICE - Austin D. Martin has been served by First Class Mail on December 29, 2022 to the address of record listed on the Notice of Electronic Filing (NEF). |
| Filing 6 FINDINGS AND RECOMMENDATION TO GRANT PETITIONER'S REQUEST TO STRIKE re #5 - Signed by MAGISTRATE JUDGE WES REBER PORTER on 12/12/2022. The Court finds that Petitioner is attempting to remove his state criminal proceeding to this court under 28 U.S.C. 1443(1). Although the Ninth Circuit has not addressed the issue of whether fees under 28 U.S.C. 1914(a) are required for removal of state criminal proceedings, the Court finds the reasoning of the cases discussed above persuasive. The Court finds that the filing fee required for initiating "any civil action" under 28 U.S.C. 1914(a) does not apply to the removal of state criminal actions under 28 U.S.C. 1443. Accordingly, the Court recommends that the district court hold that it is not necessary for Petitioner to pay the civil filing fee or to file an application to proceed in forma pauperis status in this action and recommends that the district court strike the Deficiency Order. (eta) |
| COURT'S CERTIFICATE of Service - a copy of #6 FINDINGS AND RECOMMENDATION TO GRANT PETITIONER'S REQUEST TO STRIKE has been served by First Class Mail to Austin D. Martin at the address of record on December 12, 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 5 Notice of Objection and REQUEST to Strike re #4 - by Petitioner Austin D. Martin (eta) |
| COURT'S CERTIFICATE of Service - a copy of #3 Order Setting Rule 16 Scheduling Conference, #4 DEFICIENCY ORDER, a blank Application to Proceed in District Court Without Prepaying Fees or Costs and a file-stamped copy of the Notice of Removal were served by email to Austin D. Martin on December 6, 2022. (eta) |
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Filing 4
DEFICIENCY ORDER - Signed by CHIEF JUDGE DERRICK K. WATSON on 12/5/2022. (eta)
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Filing 3
Order Setting Telephonic Rule 16 Scheduling Conference is set for 09:00AM on 1/9/2023 before MAGISTRATE JUDGE WES REBER PORTER - Signed by CHIEF JUDGE DERRICK K. WATSON on 12/5/2022. (eta)
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| Filing 2 CIVIL Cover Sheet - by Austin D. Martin. (eta) |
| Filing 1 NOTICE OF REMOVAL (Petition for Removal of a State Criminal Action to Federal Jurisdiction for Inability to Enforce Rights) - by Austin D. Martin from 3DTC-22-007269, case number Third Circuit Court, State of Hawaii. (eta) |
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