Petty v. Souza et al
| Tony Ray Petty |
| Keoni Bryant, Kevin Souza, Voltaire Gansit, Jessica Villoria, Michael Kawakami and John Bryant |
| 1:2023cv00422 |
| October 13, 2023 |
| US District Court for the District of Hawaii |
| KENNETH J MANSFIELD |
| J MICHAEL SEABRIGHT |
| ROM TRADER |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 11, 2023. A more recent docket listing may be available from PACER.
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| Filing 15 EP: TELEPHONIC RULE 16 SCHEDULING CONFERENCE not held on 12/11/2023.Telephonic Rule 16 Scheduling Conference is set for January 18, 2024 at 9:00 a.m. before Magistrate Judge Kenneth J. Mansfield.Parties are to participate via telephone through our Zoom Teleconference. Call-in information for this conference is below. Parties must connect to the conference at least five (5) minutes prior to the scheduled start time of the hearing.Dial in number is 1-833-568-8864Access Code: 160 8983 1896 (ZOOM / Tele-Conference 9:06 - 9:09) (MAGISTRATE JUDGE KENNETH J. MANSFIELD)(bbb)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). A courtesy email of this Notice of Electronic Filing (NEF) was also emailed to Pro Se Plaintiff Tony Ray Petty at the email address of record of PettyTony04@gmail.com on 12/11/2023. |
| Filing 14 EO: On December 4, 2023, Plaintiff Tony Ray Petty filed a #11 Motion to Subpoena State of Hawaii Defendants ("Motion"). There are numerous problems with the Motion. First, Plaintiff has not served Defendants with his Complaint to date. The Court may not provide Plaintiff any relief against the Defendants until service has been properly effectuated pursuant to Federal Rule of Civil Procedure ("FRCP") 4(c). See also Fed. R. Civ. Pro. 4(j)(2) (providing procedure for serving a state or local government). Second, a party is generally prohibited from seeking discovery from any source before the FRCP 26(f) conference of the parties, which to the court's knowledge, has not occurred. See also Fed. R. Civ. Pro. 26(d)(1). Lastly, a subpoena is not necessary to obtain evidence from another party. Plaintiff may instead use any of the discovery devices contained in FRCP 26 through FRCP 37. Accordingly, the Court DENIES Plaintiff's Motion without prejudice. Plaintiff must serve his Complaint and conduct the Rule 26(f) conference of the parties before he seeks any further relief against Defendants.. (MAGISTRATE JUDGE KENNETH J. MANSFIELD)(kjm1)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 13 EO: On December 4, 2023, pro se Plaintiff Tony Ray Petty filed a request for a refund of the $402 filing fee that he paid to this district court on November 14, 2023. See ECF Nos. #12 , #7 . Plaintiff commenced this action on October 13, 2023, by filing a civil rights Complaint, ECF No. #1 , along with an Application to Proceed in District Court Without Prepaying Fees or Costs, ECF No. #2 ("IFP Application"). The court denied without prejudice Plaintiff's IFP Application, upon which Plaintiff filed a second IFP Application, ECF No. #5 . On November 14, 2023, Plaintiff paid the $402 filing fee, ECF No. #7 . Under 28 U.S.C. 1914(a), (b), "[t]he clerk of each district court shall require the parties instituting any civil action, suit or proceeding in such court... to pay a filing fee of $350" in addition to any fees as "prescribed by the Judicial Conference of the United States," which includes an "[a]dministrative fee for filing a civil action, suit, or proceeding in a district court, $52." Id. The court denied the second IFP Application as moot, ECF No. 9 , given Plaintiff's payment of the filing fee. Presently, Plaintiff's motion to issue a subpoena to certain State of Hawaii defendants is pending. See ECF No. #11 . Plaintiff continues to seek court action, and he has not provided a basis for the court to issue a refund of $402. Accordingly, Plaintiff's request for a refund, ECF No. 12, is DENIED. (JUDGE J. MICHAEL SEABRIGHT)(rlfh)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 12 Letter Request for Refund - by Tony Petty. (jni) (Additional attachment(s) added on 12/5/2023: #1 Mailing Envelope) (jni). |
| Filing 11 MOTION to Subpoena [State of Hawaii Defendant]s - by Plaintiff Tony Ray Petty. (Attachments: #1 Mailing Envelope)(jni) Modified on 12/5/2023 (jni) |
Filing 10
ORDER OF RECUSAL - Signed by MAGISTRATE JUDGE ROM TRADER on 12/4/2023. MAGISTRATE JUDGE ROM TRADER recused. Case reassigned to MAGISTRATE JUDGE KENNETH J. MANSFIELD for all further proceedings. Please reflect new Civil case number CV 23-00422 JMS-KJM on all further filings. 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 12/5/2023. 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 EO: On November 6, 2023, pro se Plaintiff Tony R. Petty filed a second Application to Proceed in District Court Without Prepaying Fees or Costs, ECF No. #5 ("IFP Application"). Given that Plaintiff paid the filing fee on November 14, 2023, see ECF No. 7, the IFP Application is DENIED as moot. (JUDGE J. MICHAEL SEABRIGHT)(shm)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 8 Letter addressed to Judge Seabright from Tony R. Petty, dated November 14, 2023. (Attachments: #1 Mailing Envelope) (jni) |
| Filing 7 Filing fee: $ 402, receipt number 1814 re #1 Complaint (eta) |
| Filing 6 Letter addressed to Magistrate Judge Trader from Tony R. Petty, dated October 25, 2023. (Attachments: #1 Mailing Envelope) (jni) |
| Filing 5 APPLICATION to Proceed in District Court without Prepaying Fees or Costs - by Plaintiff Tony Ray Petty. (Attachments: #1 Mailing Envelope)(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 10/17/2023. Because the court cannot determine whether Plaintiff satisfies the poverty requirement or if requiring Plaintiff 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 fully completed IFP Application that explains his full financial status, including whether and how he pays for housing, a show of monthly expenses, andclarification of his debt obligation. Failure to file a complete IFP Application or pay the $402 filing fee on or before November 7, 2023, will result in the 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.The clerk of court is directed to provide Plaintiff with a copy of this order and a blank IFP Application.COURT'S CERTIFICATE OF SERVICE - Tony Ray Petty shall be served by First Class Mail to the addresses of record listed on the (NEF) on 10/18/2023. Additionally, a blank IFP Application was included in the mailing to Plaintiff. 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 3
Order Setting Telephonic Rule 16 Scheduling Conference is set for 09:00AM on 12/11/2023 before MAGISTRATE JUDGE ROM TRADER - Signed by CHIEF JUDGE DERRICK K. WATSON on 10/13/2023. A copy of the order was provided to the filer at the time of filing. (eta)
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| Filing 2 APPLICATION to Proceed in District Court Without Prepaying Fees or Costs - by Plaintiff Tony Ray Petty (eta) |
| Filing 1 COMPLAINT for Violation of Civil Rights; Jury Trial Requested against All Defendants - filed by Tony Ray Petty.(eta) |
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