Carter v. Bank of Hawaii President et al
| Samuel Carter |
| Bank of Hawaii President, Kristi Kuwada and Lynda LNU |
| Litigation Coordinator, State of Hawaii |
| 1:2023cv00215 |
| May 17, 2023 |
| US District Court for the District of Hawaii |
| KENNETH J MANSFIELD |
| DERRICK K WATSON |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| None |
Docket Report
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This docket was last retrieved on June 7, 2023. A more recent docket listing may be available from PACER.
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| Filing 6 EO: On May 17, 2023, Plaintiff Samuel Carter filed a Complaint against three Defendants, including the "Bank of Hawaii President," Branch Manager Kristi Kuwada, and "Lynda BSSG388," in their individual and official capacities. Dkt. No. 1 at 1-2. On May 19, 2023, this Court dismissed the Complaint with leave to amend, pursuant to 28 U.S.C. 1915(e)(2). Dkt. No. #4 . The Court further instructed Carter that if he wanted the action to proceed, he "must file an amended pleading that cures the noted deficiencies in his claims on or before June 12, 2023," or, "[i]n the alternative, Carter may inform the Court in writing on or before June 12, 2023 that he would like to voluntarily dismiss th[e] action pursuant to Federal Rule of Civil Procedure 41(a)(1), in which case such a dismissal w[ould] not count as a 'strike' under 28 U.S.C. 1915(g)." Id. at 1-2. In accordance with that instruction, on June 6, 2023, Carter moved to voluntarily dismiss the civil complaint pursuant to Fed. R. Civ. P. 41(a)(1). Dkt. No. #5 . As a result, the Court GRANTS Plaintiff's Motion to Voluntarily Dismiss the Civil Complaint. See id. The Clerk is instructed to CLOSE this case. IT IS SO ORDERED. (CHIEF 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) |
| Filing 5 MOTION to Voluntarily Dismiss Civil Complaint, Rule 41(a)(1); Certificate of Service - by Plaintiff Samuel Carter (Attachments: #1 Mailing Documentation)(eta) |
Filing 4
ORDER DISMISSING PRISONER CIVIL RIGHTS COMPLAINT WITH LEAVE TO AMEND re #1 - Signed by CHIEF JUDGE DERRICK K. WATSON on 5/19/2023. (1) The Complaint, ECF No. 1, is DISMISSED pursuant to 28 U.S.C. 1915(e)(2). (2) Carter must file any amended pleading on or before June 12, 2023. (3) Failure to timely file an amended pleading may result in AUTOMATIC DISMISSAL of this suit without further notice, and Carter may incur a strike under 28 U.S.C. 1915(g). (4) ALTERNATIVELY, Carter may voluntarily dismiss this action pursuant to Federal Rule of Civil Procedure 41(a)(1), and such a dismissal will not count as a strike under 28 U.S.C. 1915(g). (5) The Clerk is DIRECTED to send Carter a blank prisoner civil rights complaint form so that he can comply with this order if he elects to file an amended pleading. (eta)COURT'S CERTIFICATE OF SERVICE - Samuel Carter shall be served by First Class Mail to the address of record listed on the Notice of Electronic Filing (NEF) on May 22, 2023. A blank prisoner civil rights complaint form shall be included in the mailing to Plaintiff.
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Filing 3
ORDER GRANTING APPLICATION TO PROCEED IN FORMA PAUPERIS BY A PRISONER re #2 - Signed by CHIEF JUDGE DERRICK K. WATSON on 5/19/2023. (eta)COURT'S CERTIFICATE OF SERVICE - Samuel Carter has been served by First Class Mail to the address of record listed on the Notice of Electronic Filing (NEF) on May 19, 2023. Additionally, the order has been served by First Class Mail to the Warden and Financial Office of Oahu Community Correctional Center at Oahu Community Correctional Center, 2199 Kamehameha Hwy, Honolulu, HI 96819 on May 19, 2023. DPS Litigation Coordinators Shelley Nobriga Harrington, Esq., Laurie Nadamoto, Esq. and the Financial Department for the District of Hawaii received this order electronically on May 19, 2023.
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| Filing 2 APPLICATION to Proceed In Forma Pauperis by a Prisoner - by Plaintiff Samuel Carter (eta) |
| Filing 1 PRISONER CIVIL RIGHTS COMPLAINT against All Defendants - filed by Samuel Carter. (Attachments: #1 (Proposed) Summons, #2 Declaration of Samuel Carter and Certificate of Service, #3 Exhibits, #4 Mailing Documentation)(eta) |
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