Korda v. Oahu Police Correctional et al
| Victoria Korda |
| Oahu Police Correctional, Hawaii State Hospital, United States Post Office, Circuit Court and State of Hawaii |
| 1:2023cv00326 |
| August 3, 2023 |
| US District Court for the District of Hawaii |
| Hawaii Office |
| KENNETH J MANSFIELD |
| DERRICK K WATSON |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| None |
Docket Report
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This docket was last retrieved on August 29, 2023. A more recent docket listing may be available from PACER.
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| Filing 35 EO: On August 23, 2023, the Court, among other things, dismissed the amended complaint without leave to amend, entered Judgment, and closed this case. Dkt. Nos. [29-30]. Two days later, Plaintiff Victoria Korda filed, among other things, an ex parte motion for recusal of the undersigned from this case ("motion"). Dkt. No. #33 . The motion, however, like Korda's other filings, provides no coherent reason for the recusal of the undersigned. To the extent Korda disagrees with the dismissal of this case, see id. at 2 (stating that Korda is "unsatisfied with Judgment"), that is not a proper basis for seeking recusal. See Liteky v. United States, 510 U.S. 540, 555 (1994) (explaining that "judicial rulings alone almost never constitute a valid basis for a bias or partiality motion."). To the extent Korda wishes to pursue a judicial complaint, she may not do so in this proceeding. Instead, she must file any such complaint, in accordance with the Rules for Judicial Conduct and Judicial Disability Proceedings, at the following address: United States Court of Appeals for the Ninth Circuit, Office of the Circuit Executive, P.O. Box 193939, San Francisco, CA 94119-3939. The motion, Dkt. No. #33 , is therefore DENIED. Finally, in light of Korda's continued filings in this closed case, see Dkt. Nos. [31-32], #34 , the Court advises Korda that no action will be taken on any further documents filed in this case other than processing any notice of appeal. (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 34 Complaint Regarding Judge Derrick Watson re #33 - by Victoria Korda. (eta) |
| Filing 33 Ex Parte Motion for Recusal - by Plaintiff Victoria Korda (eta) |
| Filing 32 Regarding Judgment, Unsatisfied re #29 , #30 - filed by Victoria Korda. (eta) |
| Filing 31 More Defenent [sic] STATEMENT, Regarding the State of Hawaii - filed by Victoria Korda. (eta) |
| Filing 30 CLERK'S JUDGMENT entered on 8/23/2023 pursuant to ECF No. #29 ORDER (1) DISMISSING AMENDED COMPLAINT WITHOUT LEAVE TO AMEND, (2) DENYING RECOMMENDATION TO ADOPT "U.S. CODE 704.24", (3) DENYING PROPOSED ORDER OF RECUSAL, AND (4) DENYING MOTION FOR CONTINUANCE. (eta)COURT'S CERTIFICATE OF SERVICE - Victoria Korda has been served by First Class Mail to the address of record listed on the Notice of Electronic Filing (NEF) on August 23, 2023. |
Filing 29
ORDER (1) DISMISSING AMENDED COMPLAINT WITHOUT LEAVE TO AMEND, (2) DENYING RECOMMENDATION TO ADOPT "U.S. CODE 704.24", (3) DENYING PROPOSED ORDER OF RECUSAL, AND (4) DENYING MOTION FOR CONTINUANCE re #17 , #22 , #23 , #26 , #28 - Signed by CHIEF JUDGE DERRICK K. WATSON on 8/23/2023. For the reasons set forth herein, this case is DISMISSED, and the Clerk is instructed to CLOSE the case. (eta)COURT'S CERTIFICATE OF SERVICE - Victoria Korda has been served by First Class Mail to the address of record listed on the Notice of Electronic Filing (NEF) on August 23, 2023.
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| Filing 28 Ex Parte MOTION: Continuance - by Plaintiff Victoria Korda (eta) |
| Filing 27 EXHIBITS A & B - filed by Victoria Korda. (Attachments: #1 Exhibit A, #2 Exhibit B)(eta) |
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Filing 25
EO: Plaintiff filed an Order of Recuse Regarding Judge Kathleen N.A. Watanabe, Kauai, Judge Micheal K. Soong, Kauai, Judge Kenneth Shimzo, District Honolulu. ECF No. #22 . The Court cannot determine the substance of Plaintiff's legal argument, nor can the Court ascertain any relief that Plaintiff might be requesting. To the extent Plaintiff is requesting relief, the Court DENIES the request for being incomprehensible. IT IS SO ORDERED. Signed by MAGISTRATE JUDGE KENNETH J. MANSFIELD on 08/22/2023. (kjm3)COURTS CERTIFICATE OF SERVICE - Non-Registered CM/ECF Participants have been 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)
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| Filing 26 (AMENDED) COMPLAINT against State of Hawaii, Hawaii State Hospital, United States Post Office, First Circuit Court, Oahu Community Correctional Center - filed by Victoria Korda. (Attachments: #1 (Proposed) Summons)(eta) |
| Filing 24 Confidential Letter Regarding State of Hawaii - by Victoria Korda. (eta) |
| Filing 23 (AMENDED) COMPLAINT against State of Hawaii, et al. - filed by Victoria Korda. (eta) |
| Filing 22 (Proposed) Order of Recuse Regarding Judge Kathleen N.A. Watanabe, Kauai, Judge Micheal K. Soong, Kauai, Judge Kenneth Shimzo, District Honolulu - by Plaintiff Victoria Korda (eta) |
| Filing 21 STATEMENT Regarding State of Hawaii - filed by Victoria Korda. (eta) |
| Filing 20 STATEMENT - filed by Victoria Korda. (eta) |
| Filing 19 Support of #18 Affidavit - by Victoria Korda. (eta) |
| Filing 18 AFFIDAVIT - by Victoria Korda. (eta) |
| Filing 17 RECOMMENDATION to United States Court, District of Hawaii to Adopt U.S. Code 704124 (plaintiff further recommends approval of injunctions against the State of Hawaii and requests additional time to press charges) - by Plaintiff Victoria Korda (eta) |
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Filing 16
ORDER (1) GRANTING APPLICATION TO PROCEED WITHOUT PREPAYMENT OF FEES OR COSTS; (2) DISMISSING COMPLAINT WITH LEAVE TO AMEND, (3) DENYING MOTION TO SEAL ADDRESS AND TELEPHONE NUMBER, (4) DENYING MOTION TO CONTINUE, AND (5) DENYING RECOMMENDATION TO RE-ASSIGN MAGISTRATE JUDGE re #1 , #9 , #10 , #12 , #14 , #15 - Signed by CHIEF JUDGE DERRICK K. WATSON on 8/14/2023. Korda may have until August 31, 2023 to file an amended complaint. The Court cautions Plaintiff that failure to file an amended complaint, consistent with the guidance in this order, by August 31, 2023 will result in the automatic dismissal of this action without prejudice. The Clerk of Court is DIRECTED to serve Plaintiff a copy of form "Pro Se 1" "Complaint for a Civil Case." (eta)COURT'S CERTIFICATE OF SERVICE - Victoria Korda has been served by First Class Mail to the address of record listed on the Notice of Electronic Filing (NEF) on August 14, 2023. A blank "Pro Se 1" "Complaint for a Civil Case." shall be included in the mailing to Plaintiff.
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| Filing 15 APPLICATION to Proceed in District Court Without Prepaying Fees or Costs (Short Form) - by Plaintiff Victoria Korda (eta) |
| Filing 14 APPLICATION to Proceed in District Court Without Prepaying Fees or Costs (Long Form) - by Plaintiff Victoria Korda (eta) Modified on 8/11/2023 (eta). |
| Filing 13 (Proposed) NOTICE, Consent, and Reference of a Civil Action to a Magistrate Judge - by Victoria Korda. (eta) |
| Filing 12 RECOMMENDATION to the United States Court, District of Hawaii to Assign Judge J. Michael Seabright as Magistrate Judge for Appropriate Terms and Circumstances - by Plaintiff Victoria Korda (eta) |
| Filing 11 EO: In light of ECF No. 7, the Court DEFERS ruling on #9 Plaintiff's Motion to Seal Address and Telephone Number and #10 Ex Parte Motion: Motion to Continue until after the 08/25/2023 deadline for Plaintiff to file a complete application to proceed in forma pauperis or pay the civil filing fee. IT IS SO ORDERED. (MAGISTRATE JUDGE KENNETH J. MANSFIELD)(kjm3)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 - a copy of 11 Entering Order has been served by First Class Mail to Victoria Korda at the address of record on August 9, 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 10 Ex Parte MOTION to Continue - by Plaintiff Victoria Korda (eta) |
| Filing 9 Petitioner's MOTION to Seal Address and Telephone Number - by Plaintiff Victoria Korda (eta) |
| Filing 8 Consent Election Form. (eta) |
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Filing 7
ORDER DENYING WITHOUT PREJUDICE APPLICATION TO PROCEED WITHOUT PREPAYMENT OF FEES OR COSTS re #2 - Signed by CHIEF JUDGE DERRICK K. WATSON on 8/8/2023. Korda may have until August 25, 2023 to file a new application to proceed in district court without prepaying fees or costs. The failure to file a complete application to proceed in forma pauperis or pay the civil filing fee may result in the dismissal of this action without further consideration of the merits of the case. The Clerk of Court is DIRECTED to mail Korda a blank Application to Proceed In District Court Without Prepaying Fees or Costs (AO 240). (eta)COURT'S CERTIFICATE OF SERVICE - Victoria Korda has been served by First Class Mail to the address of record listed on the Notice of Electronic Filing (NEF) on August 8, 2023. A blank Application to Proceed in District Court Without Prepaying Fees or Costs (AO 240) shall be included in the mailing to Plaintiff.
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| Filing 6 NOTICE of Case Reassignment: Please reflect Civil case number CV 23-00326 DKW-KJM on all further pleadings. COURT'S CERTIFICATE OF SERVICE - Victoria Korda shall be served by First Class Mail to the address of record listed on the (NEF) on 8/4/2023. (jni) |
| Filing 5 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. IT IS SO ORDERED. (MAGISTRATE JUDGE KENNETH J. MANSFIELD)(kjm3)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 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) |
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Filing 3
Order Setting Telephonic Rule 16 Scheduling Conference is set for 09:30AM on 10/2/2023 before MAGISTRATE JUDGE KENNETH J. MANSFIELD - Signed by CHIEF JUDGE DERRICK K. WATSON on 8/3/2023. COURT'S CERTIFICATE OF SERVICE - Victoria Korda shall be served a copy of the foregoing, the file stamped Complaint, and file stamped Application for IFP by First Class Mail to the address of record listed on the (NEF) on 8/4/2023. (jni)
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| Filing 2 APPLICATION to Proceed in District Court without Prepaying Fees or Costs - by Plaintiff Victoria Korda. (jni) |
| Filing 1 COMPLAINT for a Civil Case against Oahu Police Correctional, Hawaii State Hospital, United States Post Office, Circuit Court - filed by Victoria Korda.(jni) |
| COURT'S CERTIFICATE of Service - a copy of #4 Notice of Assignment to United States Magistrate Judge shall be served by First Class Mail to Victoria Korda at the address of record on 8/4/2023. (jni) |
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