Cohn v. C/C Honolulu et al
| George R. Cohn |
| C/C Honolulu, State of Hawaii, Attorney General and John Doe # 1-50 |
| 1:2023cv00134 |
| March 17, 2023 |
| US District Court for the District of Hawaii |
| KENNETH J MANSFIELD |
| J MICHAEL SEABRIGHT |
| Civil Rights: Americans with Disabilities - Other |
| 42 U.S.C. § 12101 Violation of Americans with Disabilities Act |
| None |
Docket Report
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Filing 15
ORDER DENYING PLAINTIFF LEAVE TO PROCEED IN FORMA PAUPERIS ON APPEAL re #14 - Signed by JUDGE J. MICHAEL SEABRIGHT on 4/12/2023. Based on the foregoing, the court CERTIFIES that Plaintiff's appeal is frivolous and DENIES Plaintiff leave to proceed in forma pauperis on appeal.The Clerk shall transmit a copy of this Order to the Ninth Circuit (No. 23-15515).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 4/12/2023. 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 copy of the foregoing was served on the Ninth Circuit Court of Appeals via email to cmecf_ca9central@ca9.uscourts.gov. (jni)
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| Filing 14 USCA REFERRAL NOTICE as to #10 Notice of Appeal, filed by George R. Cohn; USCA No. 23-15515: This matter is referred to the district court for the limited purpose of determining whether in forma pauperis status should continue for this appeal or whether the appeal is frivolous or taken in bad faith. See 28 U.S.C. 1915(a)(3); see also Hooker v. American Airlines, 302 F.3d 1091, 1092 (9th Cir. 2002) (revocation of forma pauperis status is appropriate where district court finds the appeal to befrivolous).If the district court elects to revoke in forma pauperis status, the district court is requested to notify this court and the parties of such determination within 21 days of the date of this referral. If the district court does not revoke in forma pauperis status, such status will continue automatically for this appeal pursuant to Fed. R. App. P. 24(a).This referral shall not affect the briefing schedule previously established by this court. 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 4/10/2023. (jni) |
| Filing 13 Attorney Appeal Packet re #10 Notice of Appeal; USCA No. 23-15515. (Attachments: #1 Notice of Appeal, #2 District Court Instructions for Civil Appeals, #3 Docket Sheet)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 4/10/2023. 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) |
| Filing 12 USCA TIME SCHEDULE ORDER as to #10 Notice of Appeal, filed by George R. Cohn; USCA No. 23-15515. (Attachments: #1 Notice to all Parties and Counsel)COURTS 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 4/10/2023. 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) |
| Filing 11 USCA Case Number 23-15515 for #10 Notice of Appeal, filed by George R. Cohn. 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 4/10/2023. 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) |
| Filing 10 NOTICE OF APPEAL from a Judgment or Order of a United States District Court re #9 Judgment, and #8 Order, filed by George R. Cohn; USCA No. 23-15515. Filing fee $ 505.(jni) Modified on 4/7/2023 (jni) |
| Filing 9 CLERK'S JUDGMENT entered on 3/31/2023 pursuant to ECF #8 ORDER (1) GRANTING APPLICATION TO PROCEED IN FORMA PAUPERIS, ECF NO. 3; AND (2) DISMISSING COMPLAINT, ECF NO. 1, WITHOUT LEAVE TO AMEND. 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). 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 8
ORDER (1) GRANTING APPLICATION TO PROCEED IN FORMA PAUPERIS, ECF NO. 3; AND (2) DISMISSING COMPLAINT, ECF NO. 1, WITHOUT LEAVE TO AMEND re #1 , #3 - Signed by JUDGE J. MICHAEL SEABRIGHT on 3/31/2023. The court dismisses the Complaint, without prejudice and without leave to amend, because it fails to establish federal subject matter jurisdiction. Plaintiff's claims are dismissed without leave to amend because amendment would be futile. See Barke v. Banks, 25 F.4th 714, 721 (9th Cir. 2022). Further, because the court lacks subject matter jurisdiction, the Complaint is dismissed without prejudice. Id. ("[D]ismissals for lack of Article III jurisdiction must be entered without prejudice because a court that lacks jurisdiction is powerless to reach the merits.") (internal citation and quotation marks omitted). For the foregoing reasons, the court GRANTS Plaintiff's IFP Application, ECF No. 3, but DISMISSES Plaintiff's Complaint, ECF No. 1, without Leave to Amend. The Clerk of Court is directed to CLOSE this case.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). 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 7 NOTICE of Case Reassignment: Please reflect Civil case number CV 23-00134 JMS-KJM on all further pleadings. 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). 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) |
| Filing 6 EO: The Clerk's Office is DIRECTED to reassign this case to a district judge. Judge Kenneth J. Mansfield will remain as the Magistrate Judge assigned to this action. (MAGISTRATE JUDGE KENNETH J. MANSFIELD)(kjm2)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 5 NOTICE OF ASSIGNMENT TO UNITED STATES MAGISTRATE JUDGE. YOU MUST COMPLETE AND FILE THE ATTACHED ELECTION FORM. Each party must indicate consent or decline to consent by completing the attached Election Form and returning it to the Clerk's Office no later than twenty-one 21 days after entry of appearance.In the event a dispositive motion is filed prior to the date on which the submission of the Election Form is required, the parties must return the completed Election Form within seven (7) calendar days after the motion is filed. FILING INSTRUCTIONS: After completing the form, ALL registered CM/ECF participants are now required to e-file this document. Use the event Consent Election Form , found under Civil Events; Other Filings; Consent Election Form. All other parties MUST file the form by mail, or in person, at the Clerks Office: U.S. District Court, 300 Ala Moana Blvd Room C-338 Honolulu, HI 96850, Attention: Consent Clerk. The form can be found on the court's website http://www.hid.uscourts.gov ATTACH THE NOTICE AND ELECTION FORM TO THE INITIATING DOCUMENT (COMPLAINT/NOTICE OF REMOVAL). THE NOTICE AND ELECTION FORM MUST BE SERVED WITH THE DOCUMENT. (jni) |
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Filing 4
Order Setting Telephonic Rule 16 Scheduling Conference is set for 09:30AM on 5/15/2023 before MAGISTRATE JUDGE KENNETH J. MANSFIELD - Signed by CHIEF JUDGE DERRICK K. WATSON on 3/17/2023. COURT'S CERTIFICATE OF SERVICE - a copy of the foregoing was served upon George R. Cohn at the Clerk's Office service counter. (jni)
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| Filing 3 APPLICATION to Proceed in District Court Without Prepaying Fees or Costs - by Plaintiff George R. Cohn. (jni) |
| Filing 2 CIVIL Cover Sheet - by George R. Cohn. (jni) |
| Filing 1 COMPLAINT for a Civil Case against C/C Honolulu, State of Hawaii Attorney General, John Doe # 1-50 - filed by George R. Cohn.(jni) |
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