Char v. Jefferson et al
| Mark Alan Char |
| Michael Jefferson, Casey Irvine, Fia Duarte, Scott Harrington, Lyle Antonio, Joanna White, Saia Finau, Leighton Kaleikau, Robin Matsunaga, Mandy Feldt, Vince Moe, Edward Vaovasa and Michael Keopuhiwa, Sr. |
| Litigation Coordinator, State of Hawaii |
| 1:2023cv00474 |
| November 22, 2023 |
| US District Court for the District of Hawaii |
| LESLIE E KOBAYASHI |
| KENNETH J MANSFIELD |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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| Filing 7 EO: Before the Court is Char's Motion for an Extension of Time to File Amended Complaint [ECF No. 6]. The Motion is GRANTED, for good cause shown. Char may file an amended pleading on or before February 8, 2024. IN THE ALTERNATIVE, Char may notify the court in writing on or before February 8, 2024, that he elects to proceed with his excessive force claims against Sgt. Jefferson and CO Irvine, his threat to safety claims against Warden Harrington and Deputy Warden Antonio, and his intentional infliction of emotional distress claims against Sgt. Jefferson, and these claims shall be served. If Char fails to file either an amended pleading or a notice of election, the Court will direct that the Complaint [ECF No. 1] be served as limited by the Courts December 12, 2023 Order [ECF No. 5]. (JUDGE LESLIE E. KOBAYASHI)(afe)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 6 MOTION for Extension of Time to File Amended Complaint - by Plaintiff Mark Alan Char (Attachments: #1 Mailing Documentation)(eta) |
Filing 5
ORDER DISMISSING IN PART PRISONER CIVIL RIGHTS COMPLAINT WITH PARTIAL LEAVE GRANTED TO AMEND re #1 - Signed by JUDGE LESLIE E. KOBAYASHI on 12/12/2023. (1) Char's excessive force claims in Count I against Sgt. Jefferson and CO Irvine, his threat to safety claims in Count II against Warden Harrington and Deputy Warden Antonio, and his intentional infliction of emotional distress claim in Count IV against Sgt. Jefferson may proceed. (2) Char's remaining claims are DISMISSED for the reasons set forth above. (3) Char may file an amended pleading that attempts to cure the noted deficiencies in those claims dismissed with leave granted to amend, if possible, on or before January 11, 2024. (4) If he chooses to file an amended pleading, Char 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. (5) IN THE ALTERNATIVE, Char may notify the court in writing on or before January 11, 2024, that he elects to proceed with his excessive force claims against Sgt. Jefferson and CO Irvine, his threat to safety claims against Warden Harrington and Deputy Warden Antonio, and his intentional infliction of emotional distress claims against Sgt. Jefferson, and these claims shall be served. Proceeding on these claims does not preclude Char 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 Char 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. (6) The Clerk is DIRECTED to send Char a prisoner civil rights complaint form so that he may comply with the directions of 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 December 12, 2023. A blank prisoner civil rights complaint form and its instructions, shall be included in the mailing to Plaintiff. Modified on 12/12/2023 (eta).
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Filing 4
ORDER GRANTING APPLICATION TO PROCEED IN FORMA PAUPERIS BY A PRISONER re #2 - Signed by JUDGE LESLIE E. KOBAYASHI on 11/28/2023. (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 November 28, 2023. Additionally, a copy of the instant order shall be served by First Class Mail to the Warden and Financial Office at Halawa Correctional Facility at 99-902 Moanalua Road, Aiea, HI 96701. DPS Litigation Coordinators Shelley Nobriga Harrington, Esq., Laurie Nadamoto, Esq. and the Financial Department for the District of Hawaii received the order electronically.
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| Filing 3 Letter to Clerk from Mark Alan Char, dated November 16, 2023 re ECF Nos. #1 , #2 . (eta) Modified on 11/22/2023 Per the letter request, a blank prisoner civil rights complaint form, IFP application and form instructions were included in the mailing to Plaintiff. (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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