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15-483 - Pitts v. Espinda et al


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15-483 - Pitts v. Espinda et al
February 8, 2016
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ORDER DISMISSING COMPLAINT IN PART re: 1. Signed by CHIEF U.S. DISTRICT JUDGE J. MICHAEL SEABRIGHT on 2/8/2016. (afc) Excerpt of conclusion:"The Complaint is DISMISSED IN PART for failure to state a claim pursuant to 28 U.S.C. ยงยง 1915(e)(2) and 1915A(b). Specifically, Plaintiff states excessive force and state common law claims of assault and battery against Defendants Botelho, Taylor, Gernler, Keolanui, Magdadaro, Aguon, and Kent and these claims shall proceed and be answered after service is perfected.""Plaintiff fails to state a claim against (a) the DPS Sheriff's and Internal Affairs Offices and these claims are DISMISSED with prejudice; and (b)Defendants Nolan Espinda, Lyle Antonio, Lieutentant Ho, Keoni Morreira, J. Tabali, Manumaleuna, Janice Villalobos, Ueda, Francis Tuifau, and Val DeMello, RN, and claims against them are DISMISSED with leave to amend." "Plaintiff may file an amended complaint curing the deficiencies in his dismissed claims on or before March 4, 2016. Plaintiff SHALL use the court'sprisoner civil rights complaint form if he chooses to amend his pleadings.""In the alternative, Plaintiff may NOTIFY the court in writing on or before March 4, 2016, that he elects to stand on his excessive force and state common law assault and battery claims against Defendants Botelho, Taylor,Gernler, Keolanui, Magdadaro, Aguon, and Kent. If Plaintiff chooses this option,the court will order the U.S. Marshal to serve the Complaint at Plaintiff's direction as to those claims." CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry. A copy of the instant order and a copy of the "Prisoner Civil Rights Complaint" form with its instructions will be served this date by first class mail to the address of record for Mr. Joseph Pitts.
June 24, 2016
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ORDER DENYING MOTION TO RECUSE CHIEF JUDGE J. MICHAEL SEABRIGHT re 31 - Signed by JUDGE SUSAN OKI MOLLWAY on 6/24/2016. (emt, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Joseph Pitts shall be served by first class mail at the address of record on June 27, 2016.
March 20, 2018
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ORDER DENYING MOTION FOR PRELIMINARY INJUNCTION re: 165. Signed by CHIEF JUDGE J. MICHAEL SEABRIGHT on 3/20/2018. (afc) 1:15-cv-00483-JMS-KJM1:17-cv-00137-JMS-KJM CERTIFICATE OF SERVICEParticipanmail on the date of this docket entry ts registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class