Char v. Tresch et al
| Mark Alan Char |
| Maura Tresch, Richard Banner, Deane Hatakeyama, Mandy Feldt, Theresa Fray, Marieta Momii, Mahina Assily, Romey Glidewell, Leslie Mercado, Alton Lorico, Jr., Elijah Hoohuli, Peter Velegas, Edward Vaovasa, Barney Toyama, Brandan Skinner, Malia Anderson, Daniel Mafua, James Werner, Neil Hayase, Shannon Cluney, Scott Harrington, Lyle Antonio, Joanna White, Dovie Borges, Monica Chun, Nolan Espinda, Shari Kimoto, David Ige, Caroline Mee, Tina Agaran, Edmund Hyun, Max Otani, Tommy Johnson, Robin Matsunaga, Kauai Harrington, Francis Sequeria, Kyle Kawamata, Charles Laux, Leona Ogi, Erin Loredo, John Doe Blue, John Doe 1-100, Jane Doe 1-100, Doe Corporations 1-10, Doe Partnerships 1-100, Doe Limited Liability Companies 1-10 and Governmental Units 1-10 |
| Litigation Coordinator, State of Hawaii |
| 1:2023cv00402 |
| September 28, 2023 |
| U.S. District Court for the District of Hawaii |
| WES REBER PORTER |
| 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 November 14, 2023. A more recent docket listing may be available from PACER.
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| Filing 10 EO: Before the Court is Char's Motion for an Extension of Time to File Amended Complaint [ECF No. 9]. The Motion is GRANTED in part, for good cause shown. Char may file an amended pleading on or before December 18, 2023. Failure to file an amended complaint that cures the noted deficiencies in his claims on or before this deadline may result in dismissal of this action without further notice and may count as a strike pursuant to 28 U.S.C. 1915(g). 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 9 MOTION for an Extension of Time to File Amended Complaint - by Plaintiff Mark Alan Char (Attachments: #1 Mailing Documentation)(eta) |
Filing 8
ORDER DISMISSING PRISONER CIVIL RIGHTS COMPLAINT WITH LEAVE TO AMEND re #1 - Signed by CHIEF JUDGE DERRICK K. WATSON on 10/26/2023. (1) The Complaint, ECF No. 1, is DISMISSED pursuant to 28 U.S.C. 1915(e)(2)(B)(ii) and 1915A(b)(1). (2) Char must file any amended pleading on or before November 17, 2023. (3) Failure to timely file an amended pleading may result in AUTOMATIC DISMISSAL of this suit without further notice, and Char may incur a strike under 28 U.S.C. 1915(g). (4) ALTERNATIVELY, Char 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 Char 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 - Mark Alan Char has been served by First Class Mail to the address of record listed on the Notice of Electronic Filing (NEF) on October 26, 2023. A blank prisoner civil rights complaint form and its instructions shall be included in the mailing to Plaintiff. Modified on 10/26/2023 (eta).
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Filing 7
ORDER GRANTING APPLICATION TO PROCEED IN FORMA PAUPERIS BY A PRISONER re #6 - Signed by CHIEF JUDGE DERRICK K. WATSON on 10/17/2023.IT IS HEREBY ORDERED that:(1) The Hawaii Department of Public Safety or its designee the Warden of the Halawa Correctional Facility shall calculate, collect, and remit to the Clerk of Court an initial partial payment equaling 20% of Plaintiffs 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 SHALL serve a copy of this order on Plaintiff, the Halawa Correctional Facility 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 - Mark Alan Char shall be served by First Class Mail to the addresses of record listed on the (NEF) on 10/18/2023. 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 10/18/2023. A copy of this Order shall be served by Notice of Electronic Filing (NEF) to the Financial Department, USDC District of Hawaii, Shelley Harrington, Esq. and Laurie Nadamoto, Esq., Department of Public Safety Litigation Coordinators on 10/17/2023. (jni)
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| Filing 6 APPLICATION TO PROCEED IN FORMA PAUPERIS BY A PRISONER by Plaintiff Mark Alan Char. (Attachments: #1 Letter Transmittal, #2 Mailing Envelope)(apg) |
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Filing 5
ORDER DENYING APPLICATION TO PROCEED IN FORMA PAUPERIS BY A PRISONER, ECF NO. #2 , AND MOTION FOR APPOINTMENT OF COUNSEL, ECF NO. #3 - Signed by CHIEF JUDGE DERRICK K. WATSON on 10/4/2023. (1) Char's Application to Proceed In Forma Pauperis by a Prisoner, ECF No. 2, is DENIED without prejudice as incomplete. (2) Char is DIRECTED to pay the filing fee in full, or to submit a complete IFP Application by OCTOBER 18, 2023. (3) The Clerk is DIRECTED to send Char a blank Application to Proceed In Forma Pauperis by a Prisoner to facilitate compliance with this Order. (4) Char's Motion to Appoint Counsel ECF No. 3 is DENIED. (eta)COURT'S CERTIFICATE OF SERVICE - Mark Alan Char has been served by First Class Mail to the address of record listed on the (NEF) on October 4, 2023. A blank Application to Proceed In Forma Pauperis by a Prisoner and an Information Sheet shall be included in the mailing to Plaintiff.
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| Filing 4 Transmittal Letter to Clerk from Mark Alan Char dated September 20, 2023. (eta) |
| Filing 3 MOTION for Appointment of Counsel - by Plaintiff Mark Alan Char (eta) |
| Filing 2 APPLICATION to Proceed in Forma Pauperis by a Prisoner - by Plaintiff Mark Alan Char (eta) |
| Filing 1 PRISONER CIVIL RIGHTS COMPLAINT; Jury Trial Demanded against All Defendants - filed by Mark Alan Char. (Attachments: #1 Mailing Documentation)(eta) |
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