Pham v. National Benefit Centre et al
| Tuan Huu Pham |
| National Benefit Centre, USCIS and U.S. Department of Homeland Security |
| 1:2023cv00242 |
| June 6, 2023 |
| US District Court for the District of Hawaii |
| WES REBER PORTER |
| J MICHAEL SEABRIGHT |
| Other Immigration Actions |
| 28 U.S.C. ยง 1331 Fed. Question: Review Agency Decision |
| None |
Docket Report
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This docket was last retrieved on July 13, 2023. A more recent docket listing may be available from PACER.
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| Filing 11 CLERK'S JUDGMENT entered on 7/13/2023 pursuant to ECF #10 ORDER DISMISSING FIRST AMENDED COMPLAINT, ECF NO. 9, 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) on 7/13/2023. 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
ORDER DISMISSING FIRST AMENDED COMPLAINT, ECF NO. 9, WITHOUT LEAVE TO AMEND re #9 - Signed by JUDGE J. MICHAEL SEABRIGHT on 7/13/2023. Based on the foregoing, the Complaint is DISMISSED. Furthermore, having already given Plaintiff an opportunity to amend, further amendment would clearly be futile. See, e.g., Lathus v. City of Huntington Beach, 56 F.4th 1238, 1243 (9th Cir. 2023) ("Although leave to amend should be given freely... denying leave is not an abuse of discretion if 'it is clear that granting leave to amend would have been futile.'") (quoting Thinket Ink Info. Res., Inc. v. Sun Microsystems, Inc., 368 F.3d 1053, 1061 (9th Cir. 2004)). The Clerk of Court is directed to close the 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) on 7/13/2023. 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)
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| Filing 9 FIRST AMENDED COMPLAINT against National Benefit Centre, USCIS, U.S. Department of Homeland Security - filed by Tuan Huu Pham.(jni) |
| Filing 8 EO: In light of the #7 Order Granting IFP Application and Dismissing Complaint with Leave to Amend, the Telephonic Rule 16 Scheduling Conference is CONTINUED from 8/1/2023 to 11/27/2023 at 9:30 a.m. 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. (MAGISTRATE JUDGE WES REBER PORTER)(wrp1)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) |
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Filing 7
ORDER (1) GRANTING IFP APPLICATION, ECF NO. 6, AND (2) DISMISSING COMPLAINT, ECF NO. 1, WITH LEAVE TO AMEND re #6 - Signed by JUDGE J. MICHAEL SEABRIGHT on 7/3/2023.Based on the foregoing, the Complaint is DISMISSED with leave to amend. Any Amended Complaint must be filed by July 24, 2023. 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 7/3/2023. 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)
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| Filing 6 APPLICATION to Proceed in District Court Without Prepaying Fees or Costs - by Plaintiff Tuan Huu Pham. (jni) |
| Filing 5 CIVIL Cover Sheet - by Tuan Huu Pham. (jni) |
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Filing 4
ORDER DENYING WITHOUT PREJUDICE PLAINTIFF'S APPLICATION TO PROCEED IN DISTRICT COURT WITHOUT PREPAYING FEES OR COSTS, ECF NO. 2 re #2 - Signed by JUDGE J. MICHAEL SEABRIGHT on 6/8/2023. Because the court cannot determine whether Plaintiff satisfies the poverty requirement or requiring him to pay the $402 fee would render him unable to afford the necessities of life, the court DENIES without prejudice the IFP Application. Accordingly, Plaintiff must submit, within 21 days of this Order, a complete IFP Application that clearly elaborates on the income identified in items 3(b) and 5. Failure to file a complete IFP Application or pay the $402 filing fee on or before June 29, 2023, will result in automatic dismissal of this suit without prejudice. See Fed. R. Civ. P. 41(b). The court takes no action on any present or future filings until Plaintiff pays the $402 filing fee or is granted IFP status. COURT'S CERTIFICATE OF SERVICE - Tuan Huu Pham shall be served by First Class Mail to the address of record listed on the (NEF) on 6/8/2023. (jni)
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Filing 3
Order Setting Telephonic Rule 16 Scheduling Conference is set for 09:00AM on 8/1/2023 before MAGISTRATE JUDGE WES REBER PORTER - Signed by CHIEF JUDGE DERRICK K. WATSON on 6/6/2023. COURT'S CERTIFICATE OF SERVICE - A copy of the foregoing, along with ECF Nos. #1 Complaint and #2 Application for IFP were served to Tuan Huu Pham by email to the email address of record listed on the (NEF). (jni)
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| Filing 2 APPLICATION to Proceed in District Court Without Prepaying Fees or Costs - by Plaintiff Tuan Huu Pham. (jni) |
| Filing 1 COMPLAINT for a Civil Case against National Benefit Centre, USCIS, U.S. Department of Homeland Security - filed by Tuan Huu Pham.(jni) |
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