De Jean v. Nago
Plaintiff: Khistina De Jean
Defendant: Scott Nago
Case Number: 1:2023cv00228
Filed: May 25, 2023
Court: US District Court for the District of Hawaii
Presiding Judge: J MICHAEL SEABRIGHT
Referring Judge: ROM TRADER
Nature of Suit: Civil Rights: Voting
Cause of Action: 42 U.S.C. § 1981 Civil Rights
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on July 19, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 19, 2023 Opinion or Order Filing 19 Attorney Appeal Packet re #13 Notice of Interlocutory Appeal, filed by Khistina De Jean; USCA No. 23-16011. (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 7/19/2023. 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)
July 19, 2023 Opinion or Order Filing 18 USCA TIME SCHEDULE ORDER as to #13 Notice of Interlocutory Appeal, filed by Khistina De Jean; USCA No. 23-16011. (Attachments: #1 Notice to all Parties and Counsel)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 7/19/2023. 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)
July 19, 2023 Opinion or Order Filing 17 USCA Case Number 23-16011 for #13 Notice of Interlocutory Appeal, filed by Khistina De Jean. 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 7/19/2023. 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)
July 17, 2023 Opinion or Order Filing 16 ORDER FOR CLARIFICATION re #14 - Signed by JUDGE J. MICHAEL SEABRIGHT on 7/17/2023. Given these filings, the court DIRECTS Plaintiff to file, by July 21, 2023, a written statement clarifying whether she intends to (1) appeal the "Order Adopting Magistrate Judge's Findings and Recommendation to Dismiss Complaint and Deny Application to Proceed in Forma Pauperis," ECF No. 12 ("Order Adopting F&R"), or (2) proceed with the case in this court. She cannot do both. To the extent Plaintiff intends to proceed in this court, the IFP Application, ECF No. 14, is DENIED without prejudice. She must file, by August 4, 2023, a fully-completed IFP Application and respond to items 5 through 8 as instructed on Form AO 240, even if to indicate "N/A" or "not applicable." The court reminds Plaintiff of her additional obligation to file an amended complaint by August 4, 2023, if she intends to proceed in this court. See ECF No. 12 at PageID.97. Failure to file a fully-completed IFP Application and Amended Complaint by August 4, 2023, may result in dismissal of this action for failure to follow court orders. The Clerk is DIRECTED to send Plaintiff a blank IFP Application (Form AO 240) so that she can comply with this order if she elects to proceed in forma pauperis. If Plaintiff intends to appeal the court's Order Adopting F&R, the court will forward the appropriate documents to the Ninth Circuit and close the case in this court. COURT'S CERTIFICATE OF SERVICE - Khistina De Jean shall be served by First Class Mail to the addresses of record listed on the (NEF) on 7/18/2023. Additionally, a blank IFP form and business return envelope shall be included in the mailing to plaintiff. (jni)
July 17, 2023 Opinion or Order Filing 15 EO: The Telephonic Rule 16 Scheduling Conference set for 7/24/2023 before MAGISTRATE JUDGE ROM TRADER is CONTINUED to 9/26/2023 at 08:45AM. Scheduling conference statements must be filed by 9/19/2023.Parties and other participants must call-in at least five (5) minutes prior to the scheduled start time of the conference. Call-in instructions are below:Dial in number: 1-833-568-8864 (toll-free).Meeting ID: 161 5641 6035. (MAGISTRATE JUDGE ROM TRADER)(laa)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)
July 14, 2023 Opinion or Order Filing 14 APPLICATION to Proceed in District Court Without Prepaying Fees or Costs - by Plaintiff Khistina De Jean (eta)
July 14, 2023 Opinion or Order Filing 13 Exhibits 50-52 re ECF Nos. #10 , #11 / NOTICE OF INTERLOCUTORY APPEAL re #12 - by Khistina De Jean; USCA No. 23-16011. Filing fee $ DUE. (Attachments: #1 Exhibit 51, #2 Exhibit 52)(eta) Modified on 7/19/2023 (jni)
July 14, 2023 Opinion or Order Filing 12 ORDER ADOPTING MAGISTRATE JUDGE'S FINDINGS AND RECOMMENDATION TO DISMISS COMPLAINT AND DENY APPLICATION TO PROCEED IN FORMA PAUPERIS, ECF NO. 7 - Signed by JUDGE J. MICHAEL SEABRIGHT on 7/14/2023. IT IS HEREBY ORDERED AND ADJUDGED that, pursuant to 28 U.S.C. 636(b)(1)(C) and Local Rule 74.1, the Findings and Recommendation are ADOPTED as the opinion and Order of this court. Plaintiff is granted leave to amend as described in this order by August 4, 2023. Plaintiff is further ORDERED to file a completely filled Application to Proceed Without Prepaying Fees or Costs ("IFP Application") on Form AO 240 by August 4, 2023. It is unclear to the court whether Plaintiff's "Motion to Proceed in Highest Court Over District Cour[sic] Out of Hawaii With Out Pay," ECF No. 10 ("Motion"), filed on July 4, 2023, was intended to be an amended complaint or another IFP Application. The court DENIES the Motion, ECF No. 10. If the contents of that Motion are pertinent to her claims or IFP Application, Plaintiff may address them accordingly in an Amended Complaint or new IFP Application. Failure to file an amended complaint by August 4, 2023, may result in automatic dismissal of this action. The Clerk is DIRECTED to send Plaintiff a blank IFP Application (Form AO 240) so that she can comply with this order if she elects to proceed in forma pauperis.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)
July 14, 2023 Opinion or Order COURT'S CERTIFICATE of Service - Also included in Plaintiff's mailing of ECF #12 Order Adopting Findings and Recommendations, is the blank Application to Proceed in District Court Without Prepaying Fees or Costs. (jni)
July 11, 2023 Opinion or Order Filing 11 ATTACHMENT EXHIBIT 41-49 Motion to Move to Higher Court out of Hawaii Exhibit 41-49 re #10 - filed by Khistina De Jean. (Attachments: #1 Exhibit 41, #2 Exhibit 42, #3 Exhibit 43, #4 Exhibit 44, #5 Exhibit 45, #6 Exhibit 46, #7 Exhibit 47, #8 Exhibit 48, #9 Exhibit 49)(jni)
July 4, 2023 Opinion or Order Filing 10 MOTION to Proceed in Highest Court Over District Court of Hawaii Without Pay (Motion to Go Forward Without Paying) - by Plaintiff Khistina De Jean (Attachments: #1 Request to Proceed Before Highest Court ("Appeal"), #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10, #12 Exhibit 11, #13 Exhibit 12, #14 Exhibit 13, #15 Exhibit 14, #16 Exhibit 15, #17 Exhibit 16, #18 Exhibit 17, #19 Exhibit 18, #20 Exhibit 19, #21 Exhibit 20, #22 Exhibit 21, #23 Exhibit 22, #24 Exhibit 23, #25 Exhibit 24, #26 Exhibit 25, #27 Exhibit 26, #28 Exhibit 27, #29 Exhibit 28, #30 Exhibit 29, #31 Exhibit 30, #32 Exhibit 31 (1 of 2), #33 Exhibit 31 (2 of 2), #34 Exhibit 32, #35 Exhibit 34, #36 Exhibit 35, #37 Exhibit 36, #38 Exhibit 37, #39 Exhibit 38, #40 Exhibit 39, #41 Exhibit 40)(eta) Modified on 7/6/2023 Note: This motion did not include an Exhibit 33. Two exhibits were labeled as "Exhibit 31". (eta).
June 28, 2023 Opinion or Order Filing 9 EO: On 6/22/2023, Plaintiff filed a [ECF #6 ] Motion Information Application Status ("Motion") requesting a ruling on Plaintiff's [ECF #2 ] Application to Proceed in District Court Without Prepaying Fees of Costs ("Application"). Plaintiff's Motion is moot given this Court's 6/27/2023 [ECF #7 ] Findings and Recommendation. (MAGISTRATE JUDGE ROM TRADER)(laa)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)
June 27, 2023 Opinion or Order Filing 8 NOTICE of Case Reassignment: Please reflect new Civil case number CV 23-00228 JMS-RT 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) on 6/28/2023. 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)
June 27, 2023 Opinion or Order Filing 7 FINDINGS AND RECOMMENDATION TO DISMISS COMPLAINT AND DENY APPLICATION TO PROCEED IN FORMA PAUPERIS re #2 - Signed by MAGISTRATE JUDGE ROM TRADER on 6/27/2023. Based on the foregoing, the Court RECOMMENDS that the district court DISMISS the Complaint without prejudice and DENY the Application. The Court RECOMMENDS that Plaintiff be GRANTED leave to amend. If the district court dismisses and grants Plaintiff leave to amend the Complaint, Plaintiff must timely file an amended complaint by the deadline set by the district court. If the district court permits, Plaintiff must also either file another application or pay the required filing fee. Failure to meet the requirements and deadlines set forth by the district court shall result in an automatic dismissal. Due to the lack of full consent of the parties under 28 U.S.C. 636(c), the Clerk of Court is directed to REASSIGN this case to a district judge.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 6/28/2023. 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)
June 22, 2023 Opinion or Order Filing 6 MOTION Information Application Status re #2 APPLICATION to Proceed in District Court Without Prepaying Fees or Costs by Plaintiff Khistina De Jean. (mdc)
June 5, 2023 Opinion or Order Filing 5 Consent Election Form. (jni)
May 25, 2023 Opinion or Order Filing 4 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)
May 25, 2023 Opinion or Order Filing 3 Order Setting Telephonic Rule 16 Scheduling Conference is set for 09:00AM on 7/24/2023 before MAGISTRATE JUDGE ROM TRADER - Signed by CHIEF JUDGE DERRICK K. WATSON on 5/25/2023. Court's Certificate of Service - Khistina De Jean shall be served a copy of #1 Complaint, #2 Application for IFP, and the foregoing Order Setting Rule 16 by First Class Mail to the address of record listed on the (NEF) on 5/26/2023. Additionally, a Pro Se Handbook shall be included in the mailing to Plaintiff. (jni)
May 25, 2023 Opinion or Order Filing 2 APPLICATION to Proceed in District Court Without Prepaying Fees or Costs - by Plaintiff Khistina De Jean. (jni)
May 25, 2023 Opinion or Order Filing 1 COMPLAINT for a Civil Case; Jury Trial Requested - filed by Khistina De Jean.(jni)

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Plaintiff: Khistina De Jean
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