Kaleohano-Arakaki v. State of Hawaii et al
| Yasushi Kaleohano-Arakaki |
| State of Hawaii, HCCC Medical, Dr. Caroline Mee, Facility Nurse and Dr. Brent Burrougs |
| Litigation Coordinator, State of Hawaii and State of Hawaii Litigation Coordinator |
| 1:2024cv00131 |
| March 18, 2024 |
| US District Court for the District of Hawaii |
| ROM TRADER |
| DERRICK K WATSON |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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This docket was last retrieved on June 18, 2024. A more recent docket listing may be available from PACER.
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| Filing 12 EO: On May 16, 2024, the Court received from Plaintiff a First Amended Prisoner Civil Rights Complaint [ECF No. 9], a Motion for Sixty Day Extension of Time [ECF No. 10], and a Motion for Discovery [ECF No. 11]. In his extension motion, Plaintiff asks for sixty days to "complete this complaint." For good cause shown, the Court GRANTS IN PART Plaintiff's motion [ECF No. 10]. Plaintiff must file an amended pleading on or before June 19, 2024. This amended pleading must be complete without reference to any prior pleading, and it will supersede all preceding pleadings. Given the foregoing, the Court will take no action on Plaintiff's First Amended Complaint [ECF No. 9]. If Plaintiff instead decides that he wants to proceed with the First Amended Complaint [ECF No 10], he must inform the Court of this fact in writing on or before June 19, 2024. Plaintiff's Motion for Discovery [ECF No. 11] is DENIED without prejudice because it is premature. See Van DeCasteele v. Maricopa County, No. CV 12-1158 PHX RCB (BSB), 2012 WL 5835344, at*1 (D. Ariz. Nov. 16, 2012) ("Production of documents or other discovery is premature prior to the filing of a complaint that states a claim and service and appearance by any defendant."). The Clerk is DIRECTED to send Plaintiff a blank prisoner civil rights complaint form so that he can comply with this order. IT IS SO ORDERED. (CHIEF JUDGE DERRICK K. WATSON)(tyk)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 11 MOTION for Discovery - by Plaintiff Yasushi Kaleohano-Arakaki (eta) |
| Filing 10 MOTION for Sixty Day Extension of Time re #9 - by Plaintiff Yasushi Kaleohano-Arakaki (eta) |
| Filing 9 FIRST AMENDED PRISONER CIVIL RIGHTS COMPLAINT against Brent Burrougs, Facility Nurse, Caroline Mee, State of Hawaii - filed by Yasushi Kaleohano-Arakaki. (Attachments: #1 Mailing Documentation)(eta) |
| COURT'S CERTIFICATE of Service - a copy of 12 Entering Order and Prisoner Civil Rights Complaint has been served by First Class Mail to Yasushi Kaleohano-Arakaki at the address of record on May 16, 2024. Registered Participants of CM/ECF received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). (tyk) |
Filing 8
ORDER (1) DISMISSING PRISONER COMPLAINT FOR A CIVIL CASE; AND (2) DENYING MOTION FOR COURT APPOINTED COUNSEL re #1 , #4 - Signed by CHIEF JUDGE DERRICK K. WATSON on 4/29/2024. (1) The Complaint, ECF No. 1, is DISMISSED pursuant to 28 U.S.C. 1915(e)(2) and 1915A(b) with partial leave to amend. (2) Kaleohano-Arakaki must file any amended pleading on or before May 20, 2024. (3) Failure to timely file an amended pleading may result in AUTOMATIC DISMISSAL of this suit without further notice, and Kaleohano-Arakaki may incur a strike under 28 U.S.C. 1915(g). (4) ALTERNATIVELY, Kaleohano-Arakaki may voluntarily dismiss this action pursuant to Federal Rule of Civil Procedure 41(a)(1), and such a dismissal will not count as a strike under 28 U.S.C. 1915(g). (5) Kaleohano-Arakaki's "Motion: Request for Court Appointed Counsel," ECF No. 4, is DENIED without prejudice. (6) The Clerk is DIRECTED to send Kaleohano-Arakaki a blank prisonercivil rights complaint form so that he can comply with this order if he elects to file an amended pleading. (eta)COURT'S CERTIFICATE OF SERVICE - Yasushi Kaleohano-Arakaki has been served by First Class Mail to the address of record listed on the Notice of Electronic Filing (NEF) on April 29, 2024. A blank prisoner civil rights complaint form shall be included in the mailing to Plaintiff.
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| COURT'S CERTIFICATE of Service - a copy of #7 ORDER GRANTING APPLICATION TO PROCEED IN FORMA PAUPERIS BY A PRISONER has been served by First Class Mail to Yasushi Kaleohano-Arakaki at the address of record on April 23, 2024. A copy of the order was served by First Class Mail to the Warden and Financial Office of Halawa Correctional Facility at 99-902 Moanalua Rd., Aiea, HI 96701 on April 23, 2024. DPS Litigation Coordinator Laurie Nadamoto, Esq. and the Financial Department for the District of Hawaii received the order electronically. (eta) |
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Filing 7
ORDER GRANTING APPLICATION TO PROCEED IN FORMA PAUPERIS BY A PRISONER re #6 - Signed by CHIEF JUDGE DERRICK K. WATSON on 4/22/2024. (eta)
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| Filing 6 APPLICATION to Proceed In Forma Pauperis by a Prisoner - by Plaintiff Yasushi Kaleohano-Arakaki (Attachments: #1 Exhibit A, #2 Application to Proceed in Forma Pauperis by a Prisoner, #3 Mailing Documentation)(eta) |
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Filing 5
DEFICIENCY ORDER - Signed by CHIEF JUDGE DERRICK K. WATSON on 3/18/2024. (eta)COURT'S CERTIFICATE OF SERVICE - Yasushi Kaleohano-Arakaki has been served by First Class Mail to the address of record listed on the Notice of Electronic Filing (NEF) on March 19, 2024. A blank Application to Proceed In Forma Pauperis by a Prisoner, its instructions and a file-stamped copy of the Complaint, Statement of Claim and Motion for Appointment of Counsel, Application to Proceed In District Court Forma Pauperis was included in the mailing to Plaintiff.
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| Filing 4 MOTION Request for Court Appointed Council, APPLICATION to Proceed in District Court (AO 240) Forma Pauperis, Pro Se Litigant - by Plaintiff Yasushi Kaleohano-Arakaki (eta) |
| Filing 3 STATEMENT of Claim re #1 Complaint - by Yasushi Kaleohano-Arakaki. (eta) |
| Filing 2 CIVIL Cover Sheet - by Yasushi Kaleohano-Arakaki. (eta) |
| Filing 1 COMPLAINT for a Civil Case; Jury Trial Requested against All Defendants - filed by Yasushi Kaleohano-Arakaki. (Attachments: #1 Mailing Documentation)(eta) |
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