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17-257 - Ah Cheung v. State of Hawaii et al


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17-257 - Ah Cheung v. State of Hawaii et al
June 27, 2017
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ORDER DISMISSING COMPLAINT AND DENYING MOTION FOR APPOINTMENT OF COUNSEL re 2 - Signed by JUDGE DERRICK K. WATSON on 6/27/2017. "(1) The Complaint is DISMISSED for failure to state a claim pursuant to 28 U.S.C. §§ 1915(e)(1) and 1915A(a). Specifically, claims against (1) the State of Hawaii, the Department of Public Safety, the Oahu Community Correctional Center, and Defendants Dr. John T. Frauens and ACO John Estabillio in their official capacities are DISMISSED with prejudice; and (2) Dr. Frauens and Estabillio in their individual capacities are DISMISSED with leave to amend. (2) Ah Cheung is DIRECTED to file an amended complaint on or before July 28, 2017 that cures the deficiencies discussed above. Failure to do so will result in dismissal of this action for failure to state a claim and may result in a strike pursuant to 28 U.S.C. § 1915(g). (3) Ah Cheung's Motion for Appointment of Counsel, ECF No. 2, is DENIED without prejudice. Because the Complaint has been dismissed and there are no claims pending before the court, neither the interests of justice nor exceptional circumstances warrant appointment of counsel. See Terrell v. Brewer, 935 F.2d 1015, 1017 (9th Cir. 1991) (requiring evaluation of plaintiff's ability to articulate his claims pro se in light of the complexity of the legal issues involved and the likelihood of success on the merits for appointment of counsel); LaMere v. Risley, 827 F.2d 622, 626 (9th Cir. 1987). (4) The Clerk is DIRECTED to send Ah Cheung a blank prisoner civil rights form so that he can comply with the directions of 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). Vise Ah Cheung, Jr. served by first class mail to the address of record on June 27, 2017. A copy of the Court's prisoner civil rights complaint form was included in the mailing to Mr. Ah Cheung.
August 8, 2017
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ORDER DISMISSING FIRST AMENDED COMPLAINT re 9 - Signed by JUDGE DERRICK K. WATSON on 8/8/2017. "(1) The First Amended Complaint is DISMISSED for failure to state a claim pursuant to 28 U.S.C. §§ 1915(e)(2) and 1915A(b). Specifically, claims in (1) Counts I and II alleged against OCCC Warden Francis Sequeira and ACO John Estabillio are DISMISSED with prejudice; (2) Count III as alleged against Dr. Richard Banner are DISMISSED with leave to amend; and (3) Count IV are DISMISSED without prejudice but without leave to reallege these claims in this action. (2) Ah Cheung is DIRECTED to file an amended complaint on or before September 8, 2017 that cures the deficiencies in Count III as discussed above. Ah Cheung must submit the amended complaint on a prisoner complaint form. See Local Rule LR99.7.10. Failure to timely and adequately amend and cure the noted deficiencies will result in the DISMISSAL of this action pursuant to 28 U.S.C. §§ 1915(e) (2) and 1915A(b), and may count as a strike under 28 U.S.C. § 1915(g). (3) The Clerk is DIRECTED to send Ah Cheung a blank prisoner civil rights complaint so that he can comply with the directions of 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). Vise Ah Cheung, Jr. served by first class mail to the address of record on August 8, 2017. A copy of the court's prisoner civil rights form shall be included in the mailing to Mr. Ah Cheung.
September 19, 2017
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DISMISSAL ORDER re 9 - Signed by JUDGE DERRICK K. WATSON on 9/19/2017. "This action is DISMISSED with prejudice for Plaintiff's failure to amend his pleadings to state a cognizable claim. See In re Phenylpropanolamine (PPA) Cases, 460 F.3d 1217, 1226 (9th Cir. 2006). This dismissal shall count as a strike under 28 U.S.C. §1915(g), unless it is overturned on appeal. See Coleman v. Tollefson, 135 S. Ct. 1759, 1763 (2015). The Clerk is DIRECTED to enter judgment and terminate this case." (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). Vise Ah Cheung, Jr. served by first class mail to the address of record on September 19, 2017.