Carver vs. State of Hawaii 1st Circuit Judiciary, CASA, et al
| Esther Kapiolani Kane Carver |
| State of Hawaii 1st Circuit Judiciary Judge(s) CASA Appointed Attorneys and Department of Human Services Child Welfare |
| 1:2023cv00611 |
| December 21, 2023 |
| US District Court for the District of Hawaii |
| ROM TRADER |
| DERRICK K WATSON |
| Civil Rights: Other |
| 42 U.S.C. ยง 1983 Civil Rights Act |
| None |
Docket Report
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This docket was last retrieved on February 26, 2024. A more recent docket listing may be available from PACER.
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Filing 11
ORDER (1) OVERRULING AS-CONSTRUED OBJECTION; AND (2) ADOPTING IN PART MAGISTRATE JUDGE'S FINDINGS AND RECOMMENDATION re #8 - Signed by CHIEF JUDGE DERRICK K. WATSON on 2/7/2024. In sum, for the reasons discussed herein, Carver's objection, Dkt. No. 10, is OVERRULED and the F&R, Dkt. No. 8, is ADOPTED only as to the denial of Carver's IFP Application. Should Carver wish to continue in this action, she must either pay the filing fee or file a new application to proceed in forma pauperis by February 23, 2024. If she chooses to complete a new IFP Application, Carver must fully answer all questions, including by specifying the amount of all sources of income, the value of her property, the amount of her monthly expenses, and the value of her outstanding debt obligations. The Court cautions Carver that the failure to file a complete application to proceed in forma pauperis or pay the civil filing fee by February 23, 2024 may result in the dismissal of this action without further consideration of the merits of the case and without further notice. The Clerk of Court is DIRECTED to mail Carver a blank Application to Proceed in District Court without Prepaying Fees or Costs (AO 240). (eta)COURT'S CERTIFICATE OF SERVICE - Esther Kapiolani Kane Carver has been served by First Class Mail to the address of record listed on the Notice of Electronic Filing (NEF) on February 7, 2024. A blank Application to Proceed in District Court without Prepaying Fees or Costs (AO 240) shall be included in the mailing to Plaintiff.
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| Filing 10 Proof of Poverty; Complaint and Relief Clarification re #8 - filed by Esther Kapiolani Kane Carver. (Attachments: #1 Letter from Department of Human Services re 2024 Benefits, #2 Mailing Documentation)(eta) |
| Filing 9 NOTICE of Case Reassignment: Please reflect new Civil case number CV 23-00611 DKW-RT on all further pleadings. (eta)COURT'S CERTIFICATE OF SERVICE - Esther Kapiolani Kane Carver has been served by First Class Mail to the address of record listed on the Notice of Electronic Filing (NEF) on January 25, 2024. |
| Filing 8 FINDINGS AND RECOMMENDATION TO DISMISS ACTION re #1 , #2 - Signed by MAGISTRATE JUDGE ROM TRADER on 1/25/2024. Based on the foregoing, the Court RECOMMENDS that the district court DENY the Application, and DISMISS the Complaint WITHOUT PREJUDICE and WITHOUT LEAVE TO AMEND. Due to the lack of full consent of the parties under 28 U.S.C. 636(c), the Clerk of Court is directed to ASSIGN this case to a district judge. Magistrate Judge Trader to remain as the assigned Magistrate Judge. (eta)COURT'S CERTIFICATE OF SERVICE - Esther Kapiolani Kane Carver has been served by First Class Mail to the address of record listed on the Notice of Electronic Filing (NEF) on January 25, 2024. |
| Filing 7 NOTICE of Updated E-Mail Address - by Esther Kapiolani Kane Carver. (eta) |
| Filing 6 Consent Election Form. (eta) |
| Filing 5 NOTICE OF ASSIGNMENT TO UNITED STATES MAGISTRATE JUDGE. YOU MUST COMPLETE AND FILE THE ATTACHED ELECTION FORM. Each party must indicate consent or decline to consent by completing the attached Election Form and returning it to the Clerk's Office no later than twenty-one 21 days after entry of appearance.In the event a dispositive motion is filed prior to the date on which the submission of the Election Form is required, the parties must return the completed Election Form within seven (7) calendar days after the motion is filed. FILING INSTRUCTIONS: After completing the form, ALL registered CM/ECF participants are now required to e-file this document. Use the event Consent Election Form , found under Civil Events; Other Filings; Consent Election Form. All other parties MUST file the form by mail, or in person, at the Clerks Office: U.S. District Court, 300 Ala Moana Blvd Room C-338 Honolulu, HI 96850, Attention: Consent Clerk. The form can be found on the court's website http://www.hid.uscourts.gov ATTACH THE NOTICE AND ELECTION FORM TO THE INITIATING DOCUMENT (COMPLAINT/NOTICE OF REMOVAL). THE NOTICE AND ELECTION FORM MUST BE SERVED WITH THE DOCUMENT.. (apg) |
| Filing 4 CIVIL Waiver of Service Packet. NOTICE TO PARTIES REGARDING SERVICE PURSUANT TO RULE 4F OF THE FEDERAL RULES OF CIVIL PROCEDURE. (Attachments: #1 NOTICE OF A LAWSUIT AND REQUEST TO WAIVE SERVICE OF A SUMMONS, #2 Waiver of the Service of Summons)(apg) Modified on 12/22/2023 (apg). |
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Filing 3
Order Setting Telephonic Rule 16 Scheduling Conference is set for 09:00AM on 2/26/2024 before MAGISTRATE JUDGE ROM TRADER.. Signed by MAGISTRATE JUDGE ROM TRADER on 12/21/23. (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) Modified on 12/22/2023 (apg).
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| Filing 2 MOTION for Leave to Proceed in forma pauperis by Plaintiff Esther Kapiolani Kane Carver. (apg) Modified on 12/22/2023 (apg). |
| Filing 1 COMPLAINT against State of Hawaii 1st Circuit Judiciary Judge(s) CASA Appointed Attorneys and Department of Human Services, Child Welfare, filed by Esther Kapiolani Kane Carver.(apg) (apg). |
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