The Excellent Raj K. Patel v. United States et al
| Raj K. Patel |
| United States, Joe Biden, Kamala Harris, All Cabinet Officers, Merrick B. Garland, Xavier Becerra, Dr. Vivek Murthy, Linda Thomas-Greenfield and All Biden Cabinet Officers |
| 1:2023cv00613 |
| December 22, 2023 |
| US District Court for the District of Hawaii |
| KENNETH J MANSFIELD |
| J MICHAEL SEABRIGHT |
| Civil Rights: Other |
| 28 U.S.C. § 1361 Petition for Writ of Mandamus |
| None |
Docket Report
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Filing 24
ORDER REVOKING IN FORMA PAUPERIS STATUS FOR APPEAL - Signed by JUDGE J. MICHAEL SEABRIGHT on 2/7/2024. Based on the foregoing, the court CERTIFIES that Plaintiff's appeal is frivolous, REVOKES his IFP status and DENIES Plaintiff leave to proceed IFP on appeal. The Clerk shall transmit a copy of this Order to the Ninth Circuit Court of Appeal (No. 24-624).COURT'S CERTIFICATE OF SERVICE - 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). Additionally, a copy of this Order has been sent to the Ninth Circuit Court of Appeals via Notice of Electronic Filing (NEF) via: cmecf_ca9central@ca9.uscourts.gov. (jni)
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| Filing 23 USCA REFERRAL NOTICE as to #19 Notice of Appeal, filed by Raj K. Patel; USCA No. 24-624: This matter is referred to the district court for the limited purpose of determining whether in forma pauperis status should continue for this appeal or whether the appeal is frivolous or taken in bad faith. See 28 U.S.C. 1915(a)(3); see also Hooker v. American Airlines, 302 F.3d 1091, 1092 (9th Cir. 2002) (revocation of forma pauperis status is appropriate where district court finds the appeal to be frivolous). If the district court elects to revoke in forma pauperis status, the district court is requested to notify this court and the parties of such determination within 21 days of the date of this referral. If the district court does not revoke in forma pauperis status, such status will continue automatically for this appeal pursuant to Fed. R. App. P. 24(a). This referral shall not affect the briefing schedule previously established by this court. COURT'S CERTIFICATE OF SERVICE - 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) |
| Filing 22 Attorney Appeal Packet re #19 Notice of Appeal, filed by Raj K. Patel; USCA No. 24-624. (Attachments: #1 Notice of Appeal, #2 District Court Instructions for Civil Appeals, #3 Docket Sheet)COURT'S CERTIFICATE OF SERVICE - 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) |
| Filing 21 USCA TIME SCHEDULE ORDER as to #19 Notice of Appeal, filed by Raj K. Patel; USCA No. 24-624. COURT'S CERTIFICATE OF SERVICE - 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) |
| Filing 20 USCA Case Number 24-624 for #19 Notice of Appeal, filed by Raj K. Patel. COURT'S CERTIFICATE OF SERVICE - 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) |
| Filing 19 NOTICE OF APPEAL as to #12 Order (1) Granting Plaintiff's Application to Proceed Without Prepaying Fees; (2) Denying Plaintiff's Emergency Petitions for a Writ of Mandamus; (3) Dismissing Action Without Leave to Amend; and (4) Denying Additional Motions as Moot, #16 Order Denying Plaintiff's Motion for Reconsideration, 18 Entering Order - by Raj K. Patel; USCA No. 24-624. Filing fee $ 605. COURT'S CERTIFICATE OF SERVICE - 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) Modified on 2/5/2024 (jni) |
| Filing 18 EO: On January 8, 2024, Plaintiff Raj K. Patel filed a Motion to Reconsider. See ECF No. #17 . Plaintiff's Motion to Reconsider asks the court to reconsider its earlier January 8, 2024 Order Denying Plaintiff's Motions for Reconsideration, ECF No. #16 . Plaintiff's Motion to Reconsider, ECF No. 17, is without merit and is DENIED. The court will not entertain any further motions to reconsider in this closed case; any further motions to reconsider will be stricken. (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 17 1. T.E.,E. MR. RAJ K. PATEL'S MOTION TO RECONSIDER DKT. 16; 2. EXHIBIT A (Order at Dkt. 16) - by Plaintiff Raj K. Patel. (Attachments: #1 Certificate of Service, #2 Exhibit A)(jni) |
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Filing 16
ORDER DENYING PLAINTIFF'S MOTIONS FOR RECONSIDERATION re #14 , #15 - Signed by JUDGE J. MICHAEL SEABRIGHT on 1/8/2024. COURT'S CERTIFICATE OF SERVICE - 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 15 T.E.,E. MR. RAJ K. PATEL'S AMENDED MOTION TO RECONSIDER DKT. 12 - by Plaintiff Raj K. Patel. (Attachments: #1 Certificate of Service, #2 Exhibit A)(jni) |
| Filing 14 T.E.,E. MR. RAJ K. PATEL'S MOTION TO RECONSIDER DKT. 12 re #12 - by Plaintiff Raj K. Patel. (Attachments: #1 Amended Certificate of Service, #2 Exhibit A)(jni) |
| Filing 13 CLERK'S JUDGMENT entered on 12/29/2023 pursuant to ECF #12 ORDER (1) GRANTING PLAINTIFF'S APPLICATION TO PROCEED WITHOUT PREPAYING FEES; (2) DENYING PLAINTIFF'S EMERGENCY PETITIONS FOR A WRIT OF MANDAMUS; (3) DISMISSING ACTION WITHOUT LEAVE TO AMEND; AND (4) DENYING ADDITIONAL MOTIONS AS MOOT. COURT'S CERTIFICATE OF SERVICE - 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 12
ORDER (1) GRANTING PLAINTIFF'S APPLICATION TO PROCEED WITHOUT PREPAYING FEES; (2) DENYING PLAINTIFF'S EMERGENCY PETITIONS FOR A WRIT OF MANDAMUS; (3) DISMISSING ACTION WITHOUT LEAVE TO AMEND; AND (4) DENYING ADDITIONAL MOTIONS AS MOOT - Signed by JUDGE J. MICHAEL SEABRIGHT on 12/29/2023. For the foregoing reasons, the court GRANTS Plaintiff's IFP Application, ECF No. 2, DENIES Plaintiff's Emergency Petitions, ECF Nos. 1, 7, and DISMISSES the action without leave to amend. Plaintiff's Additional Motions, ECF Nos. 3, 8 & 9, are DENIED as MOOT. The Clerk of Court shall close the case. COURT'S CERTIFICATE OF SERVICE - 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 11 Pro Se Consent to Receive Documents and Notices of Electronic Filings by Email (Attachments: #1 Technical Guide for Using Notices of Electronic Filing (NEF's) and Accessing Free Looks of Court Documents and Notices by Email) (jni) |
| Filing 10 Proposed Order - by Raj K. Patel. (jni) |
| Filing 9 T.E., E. MR. RAJ K. PATEL'S MOTION TO PERFECT SERVICE WITH AMENDED CERT. OF SERVICE - by Plaintiff Raj K. Patel. (Attachments: #1 Certificate of Service (Amended))(jni) Modified on 12/27/2023 (jni) |
| Filing 8 T.E., E. MR. RAJ K. PATEL'S MOTION TO PERFECT SERVICE - by Plaintiff Raj K. Patel. (Attachments: #1 Certificate of Service)(jni) |
| Filing 7 EMERGENCY PRO SE AMENDED PETITION FOR A WRIT OF MANDAMUS - by Plaintiff Raj K. Patel. (Attachments: #1 Appendix A, #2 Certificate of Service)(jni) |
| Filing 6 NOTICE of Case Assignment; Please reflect Civil case number CV 23-00613JMS-KJM on all further pleadings.. (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) |
| Filing 5 CIVIL Waiver of Service Packet (Attachments: #1 NOTICE OF A LAWSUIT AND REQUEST TO WAIVE SERVICE OF A SUMMONS, #2 Waiver of the Service of Summons)(apg) |
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Filing 4
Order Setting Telephonic Rule 16 Scheduling Conference is set for 09:30AM on 2/26/2024 before MAGISTRATE JUDGE KENNETH J. MANSFIELD.. Signed by CHIEF JUDGE DERRICK K. WATSON on 12/22/2023. (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)
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| Filing 3 APPLICATION for Permission to Participate in Electronic Filing (E-file) by Raj K. Patel. (apg) |
| Filing 2 APPLICATION To Proceed in District Court Without Prepaying Fees or Costs by Plaintiff Raj K. Patel. (apg) |
| Filing 1 EMERGENCY PRO SE PETITION FOR A WRIT OF MANDAMUS by Plaintiff Raj K. Patel. (apg) (Additional attachment(s) added on 12/22/2023: #1 Civil Cover Sheet) (apg). |
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