Davies v. Department of Public Safety et al
| Tobius Davies |
| Department of Public Safety, Shannon Cluney, Joanna White, Todd Anzai, Peat Vellegas and C. Laux |
| Litigation Coordinator, State of Hawaii |
| 1:2023cv00382 |
| September 14, 2023 |
| US District Court for the District of Hawaii |
| WES REBER PORTER |
| J MICHAEL SEABRIGHT |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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This docket was last retrieved on November 8, 2023. A more recent docket listing may be available from PACER.
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Filing 8
ORDER DISMISSING FIRST AMENDED COMPLAINT FOR VIOLATION OF CIVIL RIGHTS, ECF NO. #7 , WITH LEAVE GRANTED TO AMEND - Signed by JUDGE J. MICHAEL SEABRIGHT on 11/8/2023. (1) The FAC, ECF No. 7, is DISMISSED pursuant to 28 U.S.C. 1915(e)(2) and 1915A(b). (2) Davies must file any amended pleading on or before December 8, 2023. (3) Failure to timely file an amended pleading may result in AUTOMATIC DISMISSAL of this suit without further notice, and Davies may incur a strike under 28 U.S.C. 1915(g). (4) ALTERNATIVELY, Davies 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 Davies 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 - Tobius Davies has been served by First Class Mail to the address of record listed on the Notice of Electronic Filing (NEF) on November 8, 2023. A blank prisoner civil rights complaint form and its instructions shall be included in the mailing to Plaintiff. Modified on 11/8/2023 (eta).
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| Filing 7 (AMENDED) COMPLAINT for Violation of Civil Rights; Request for Jury Trial; Demanding Court Appointed Attorney; against Shannon Cluney, Joanna White, Todd Anzai, C. Laux - filed by Tobius Davies. (Attachments: #1 Mailing Envelope)(jni) |
| Filing 6 (MOTION) To Notify All Partys of Change of Address Change by Tobius Davies. (Attachments: #1 Mailing Documentation)(apg)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) |
| Filing 5 Prisoner Mail Returned as Undeliverable re #4 Order, and blank prisoner Complaint for Violation of Civil Rights form. Mail sent to Tobius Davies, A1014982, Halawa Correctional Facility, 99-902 Moanalua Rd, Aiea, HI 96701, returned by USPS - Return to Sender, Unable to Forward. Stamp from facility: FORWARD TO: Saguaro Correctional Ctr., 1252 E. Arica Rd., Eloy, Arizona 85131. Mail re-sent to Tobius Davies at the Saguaro address provided. (jni) |
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Filing 4
ORDER DISMISSING "PRISONER CIVIL RIGHT ORIGINAL COMPLAINT," ECF NO. 1, IN PART WITH PARTIAL LEAVE GRANTED TO AMEND re #1 - Signed by JUDGE J. MICHAEL SEABRIGHT on 10/2/2023. (1) All claims against the Department of Public Safety are DISMISSED with prejudice.(2) All claims for damages against the remaining Defendants in their official capacities are DISMISSED with prejudice.(3) Davies states a plausible First Amendment claim in Count V based on Laux's refusal to provide him with grievance forms that may proceed.(4) Davies' remaining claims are DISMISSED with leave granted to amend. Davies may file an amended pleading that attempts to cure the noted deficiencies in these claims, if possible, on or before November 1, 2023.(5) If he chooses to file an amended pleading, Davies must comply with the Federal Rules of Civil Procedure and the Local Rules for the District of Hawaii, particularly LR10.4, which require an amended complaint to be complete itself, without reference to any prior pleading. An amended complaint must be short and plain, comply with Rule 8 of the Federal Rules of Civil Procedure, and be submitted on the court's prisoner civil rights form. An amended complaint will supersede the preceding complaint. Claims not realleged in an amended complaint may be deemed voluntarily dismissed. Davies is reminded that if any of his claims involve more than one issue, each issue should be stated in a different count.(6) IN THE ALTERNATIVE, Davies may notify the court in writing on or before November 1, 2023, that he elects to proceed with his First Amendment claim based on Laux's conduct, and that claim shall be served. Proceeding on this claim does not preclude Davies from later filing an amended pleading that cures the deficiencies in those claims dismissed with leave granted to amend, subject to the requirements of Fed. R. Civ. P. 15 and any applicable orders of this court. If Davies fails to file either an amended pleading or a notice of election, the court will direct that the Complaint be served as limited by this Order.(7) The Clerk is DIRECTED to send Davies a blank prisoner civil rights complaint form so that he may comply with the directions of this Order if he elects to file an amended pleading rather than to stand on his First Amendment claim based on Laux's conduct.COURT'S CERTIFICATE OF SERVICE - Tobius Davies shall be served by First Class Mail to the address of record listed on the (NEF) on 10/2/2023. Additionally, a blank prisoner civil rights complaint form is included in the mailing to plaintiff. (jni)
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Filing 3
ORDER GRANTING APPLICATION TO PROCEED IN FORMA PAUPERIS BY A PRISONER, ECF NO. 2 re #2 - Signed by JUDGE J. MICHAEL SEABRIGHT on 9/15/2023.(1) The Hawaii Department of Public Safety or its designee the Warden of the HCF, shall calculate, collect, and remit to the Clerk of Court an initial partial payment equaling 20% of Plaintiff's average monthly balance or average monthly deposits to his account, whichever is greater. Thereafter, the Warden or designee shall collect monthly payments equaling 20% of Plaintiff's preceding month's income when the account exceeds $10.00, until the $350.00 filing fee is paid in full. See 28 U.S.C. 1915(b)(2). These payments must be identified by the name and number assigned to this action.(2) The Clerk is directed to serve a copy of this order on Plaintiff, the HCF Warden and Financial Office, Laurie Nadamoto, Esq., and Shelley Nobriga Harrington, Esq., Department of Public Safety Litigation Coordinators, and submit a copy of this order to the District of Hawaii's Financial Department. COURT'S CERTIFICATE OF SERVICE - Tobius Davies shall be served by First Class Mail to the addresses of record listed on the (NEF) on 9/15/2023. A copy of this Order shall also be served upon the Halawa Correctional Facility, Attn: WARDEN, 99-902 Moanalua Rd, Aiea, HI 96701 by First Class Mail and also served upon the Halawa Correctional Facility, Attn: FINANCIAL OFFICE, 99-902 Moanalua Rd, Aiea, HI 96701 by First Class Mail on 9/15/2023. A copy of this Order shall be served by Notice of Electronic Filing (NEF) to the Financial Department, USDC District of Hawaii, Laurie Nadamoto, Esq. and Shelley Harrington, Esq., Department of Public Safety Litigation Coordinators. (jni)
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| Filing 2 APPLICATION to Proceed In Forma Pauperis by a Prisoner by Plaintiff Tobius Davies. (mdc) (Main Document 2 replaced on 9/14/2023.) (mdc) |
| Filing 1 Prisoner Civil Rights COMPLAINT against All Defendants filed by Tobius Davies. (Attachments: #1 Mailing Documentation) (mdc) |
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