Lindsey v. Derr
Plaintiff: Edwin Lindsey
Defendant: Estela Derr
Case Number: 1:2023cv00437
Filed: October 27, 2023
Court: US District Court for the District of Hawaii
Presiding Judge: SUSAN OKI MOLLWAY
Referring Judge: WES REBER PORTER
Nature of Suit: Prisoner: Civil Rights
Cause of Action: 28 U.S.C. ยง 1343 Violation of Civil Rights
Jury Demanded By: None
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Docket Report

This docket was last retrieved on November 27, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 27, 2023 Opinion or Order Filing 10 Attorney Appeal Packet re #7 Notice of Appeal, filed by Edwin Lindsey; USCA No. 23-3760. (Attachments: #1 District Court Instructions for Civil Appeals, #2 Docket Sheet)COURT'S CERTIFICATE OF SERVICE - Edwin Lindsey shall be served by First Class Mail to the addresses of record listed on the (NEF) on 11/28/2023. 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)
November 27, 2023 Opinion or Order Filing 9 USCA TIME SCHEDULE ORDER as to #7 Notice of Appeal filed by Edwin Lindsey; USCA No. 23-3760. COURT'S CERTIFICATE OF SERVICE - Edwin Lindsey shall be served by First Class Mail to the addresses of record listed on the (NEF) on 11/28/2023. 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)
November 27, 2023 Opinion or Order Filing 8 USCA Case Number 23-3760 for #7 Notice of Appeal filed by Edwin Lindsey. COURT'S CERTIFICATE OF SERVICE - Edwin Lindsey shall be served by First Class Mail to the addresses of record listed on the (NEF) on 11/28/2023. 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)
November 17, 2023 Opinion or Order Filing 7 NOTICE OF INTENT TO APPEAL re #4 - by Edwin Lindsey; USCA No. 23-3760. Filing fee $ 505. (Attachments: #1 Mailing Envelope)(jni) Modified on 11/28/2023 (jni)
November 16, 2023 Opinion or Order Filing 6 Prisoner Mail sent to Edwin Lindsey, FCI Sheridan Camp, P.O. Box 6000, Sheridan, Oregon 97378, Returned as Undeliverable, Insufficient Address, Unable to Forward re #1 Complaint, #2 Application for Leave to Proceed in Forma Pauperis. Mail re-sent to Edwin Lindsey, 06267-122, FCI SHERIDAN SATELLITE CAMP, FEDERAL CORRECTIONAL INSTITUTION, Inmate Mail/Parcels, P.O. BOX 6000, SHERIDAN, OR 97378. (jni)
November 1, 2023 Opinion or Order Filing 5 CLERK'S JUDGMENT entered on 11/1/2023 in favor of Defendant pursuant to ECF #4 ORDER DISMISSING COMPLAINT AND ACTION. COURT'S CERTIFICATE OF SERVICE - Edwin Lindsey, FCI Sheridan, Attn: Warden, P.O. Box 8000, Sheridan, OR 97378, and FCI Sheridan, Attn: Finance Office, P.O. Box 8000, Sheridan, OR 97378, shall be served a copy of the foregoing and ECF #4 by First Class Mail to the addresses of record listed on the (NEF) on 11/2/2023. (jni)
November 1, 2023 Opinion or Order Filing 4 ORDER DISMISSING COMPLAINT AND ACTION re #1 . Signed by JUDGE SUSAN OKI MOLLWAY on 11/1/2023. 1. The Complaint is DISMISSED pursuant to 28 U.S.C. 1915(e)(2)(B)(ii) and 28 U.S.C. 1915A(b)(1) because Lindsey's claim arises in a new context and special factors weigh against recognizing a new Bivens remedy.2. This dismissal is with prejudice because amendment would be futile. See, e.g., Cervantes v. Countrywide Home Loans, Inc., 656 F.3d 1034, 1041 (9thCir. 2011) (explaining that dismissal without leave to amend is proper when amendment would be futile).3. This dismissal may constitute a strike under 28 U.S.C. 1915(g).4. The Court CERTIFIES that an appeal from this Order would be frivolous and, therefore, not taken in good faith pursuant to 28 U.S.C. 1915(a)(3). See Coppedge v. United States, 369 U.S. 438, 445 (1962); Gardner v. Pogue, 558 F.2d548, 550 (9th Cir. 1977) (stating that indigent appellant is permitted to proceed IFP on appeal only if appeal would not be frivolous).5. The Court VACATES its Order Granting Application to Proceed In Forma Pauperis, ECF No. #3 , and Lindsey's Application to Proceed In Forma Pauperis, ECF No. #2 , is DENIED as moot. The FCI Sheridan Warden is no longer required to calculate, collect, and remit an initial partial payment or subsequent monthly payments associated with this action.6. The Clerk of Court is DIRECTED to (1) close the case and enter judgment in favor of Defendant and (2) serve a copy of this order on the FCI Sheridan Warden and Financial Office and/or the Bureau of Prisons.(cib)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)
October 30, 2023 Opinion or Order Filing 3 ORDER GRANTING APPLICATION TO PROCEED IN FORMA PAUPERIS BY A PRISONER re #2 . Signed by JUDGE SUSAN OKI MOLLWAY on 10/30/2023. (cib)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)
October 30, 2023 Opinion or Order COURT'S CERTIFICATE of Service - a copy of #3 Order on Motion for Leave to Proceed in forma pauperis, has been served by First Class Mail to the addresses of record on Edwin Lindsey. Additional copies of #3 Order served by First Class Mail to the FCI Sheridan Warden and Financial Office. District of Hawaii's Finance Department notified by email. Registered Participants of CM/ECF received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). (cib)
October 27, 2023 Opinion or Order Filing 2 APPLICATION to Proceed in Forma Pauperis by a Prisoner - by Plaintiff Edwin Lindsey. (Attachments: #1 Mailing Envelope)(jni)
October 27, 2023 Opinion or Order Filing 1 Prisoner Civil Rights COMPLAINT against Estela Derr - filed by Edwin Lindsey. (Attachments: #1 Exhibit "A", #2 Exhibit "B", #3 Exhibit "C", #4 Exhibit "D", #5 Exhibit "E", #6 Exhibit "F", #7 Exhibit "G", #8 Exhibit "H", #9 Exhibit "I", #10 Exhibit "J", #11 Mailing Envelope)(jni)

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Plaintiff: Edwin Lindsey
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Defendant: Estela Derr
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