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17-173 - Ah Puck v. State of Hawaii


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17-173 - Ah Puck v. State of Hawaii
May 4, 2017
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ORDER DISMISSING PETITION WITH LEAVE TO AMEND AND DENYING PENDING MOTIONS re 1, 4, 6, 7 - Signed by JUDGE DERRICK K. WATSON on 5/4/2017. "(1) The Petition is DISMISSED without prejudice. Petitioner is DIRECTED to file an amended petition on court forms. He must name a proper respondent, detail the facts underlying his claims, assert the federal bases for hisclaims, address the exhaustion of his claims, demonstrate that the Petition is timely (by including the date his probation was revoked and any facts relating to tolling), and sign the amended petition under penalty of perjury on or before June 9, 2017. (2) Petitioner's (1) Motion for Temporary Restraining Order and/or Preliminary Injunction, ECF No. 4; (2) Motion for an Order to Award Recompense, or/and Compensate, ECF No. 6; and (3) Request for Default Judgment by the Clerk, ECF No. 7, are DENIED. (3) The Clerk is DIRECTED to send Petitioner a blank petition for writ of habeas corpus so he can comply with the instructions in this Order. (4) Failure to timely file an amended petition will result in dismissal of this action without prejudice." (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). Hardy K. Ah Puck, Jr. served by first class mail at the address of record on May 4, 2017. A copy of the court's petition for writ of habeas corpus form was included in the mailing to Mr. Ah Puck.
June 21, 2017
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ORDER DISMISSING AMENDED PETITION WITH LEAVE TO AMEND re 13 - Signed by JUDGE DERRICK K. WATSON on 6/21/2017. "Because the Amended Petition fails to name a correct respondent, clarify the federal bases for Ah Puck's claims, provide sufficient facts to support any federal cause of action, and appears unexhausted, see 28 U.S.C. ยง 2254(b); Rose v. Lundy, 455 U.S. 509 (1982), it is DISMISSED. Ah Puck may file an amended petition on or before September 8, 2017. Any amended petition must name a proper respondent, detail the facts, constitutional basis, and legal theory underlying Ah Puck's claims, and demonstrate that the Petition is fully exhausted. Failure to comply with these instructions will result in dismissal of this action without further leave to amend. The Clerk is DIRECTED to send Ah Puck a blank petition for writ of habeas corpus so that he can comply with the instructions in this Order." (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). Hardy K. Ah Puck, Jr. served by first class mail at the address of record on June 21, 2017. A copy of the Court's Petition Under 28 U.S.C. 2254 for Writ of Habeas Corpus by a Person in State Custody form was included in the mailing to Mr. Ah Puck.
September 14, 2017
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ORDER DENYING MOTION TO STAY re 20 - Signed by JUDGE DERRICK K. WATSON on 9/14/2017. "Petitioner's Motion for Stay is DENIED. He is ORDERED to submit an Amended Petition on or before October 6, 2017. The amended petition must name a proper respondent, detail the facts, constitutional basis, and legal theory underlying Petitioner's claims, and demonstrate that his claims are fully exhausted. Failure to comply with these instructions will result in automatic dismissal of this action without further notice. The Clerk is DIRECTED to send Petitioner a blank petition for writ of habeas corpus form so that he may comply with the instructions in this Order." (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). Hardy K. Ah Puck, Jr. shall be served by first class mail at the address of record on September 15, 2017. A copy of the court's petition for writ of habeas corpus form shall be included in the mailing to Mr. Ah Puck.
October 17, 2017
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DISMISSAL ORDER - Signed by JUDGE DERRICK K. WATSON on 10/17/2017. "This action is DISMISSED as both moot and for Petitioner's failure to comply with the Court's explicit directions regarding the amendment of his petition. See Rules Governing Section 2254 Cases in the United States District Courts, Rule 2 (requiring petitioners to name the respondent and specify all grounds for relief in the petition); Rule 4 (directing the court to dismiss a petition if it plainly appears from the petition and any attached exhibits that the petitioner is not entitled to relief in the district court). The Clerk is DIRECTED to terminate this action." (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). Hardy K. Ah Puck, Jr. shall be served by first class mail to his last known address on October 18, 2017.