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17-523 - Tia v. Honolulu Police Department (HPD) et al


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17-523 - Tia v. Honolulu Police Department (HPD) et al
January 4, 2018
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ORDER (1) GRANTING MOTION TO PROCEED IN FORMA PAUPERIS 7, (2) DISMISSING COMPLAINT WITH LEAVE TO AMEND, AND (3) DENYING MOTIONS FOR APPOINTMENT OF COUNSEL 8, 9. Excerpt of order:"Plaintiff is granted until February 9, 2018 to file an amended complaint....Failure to file an amended complaint by February 9, 2018 will result in automatic dismissal of this action without prejudice." Signed by CHIEF JUDGE J. MICHAEL SEABRIGHT on 1/4/2018. (afc) 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). A copy of the instant order will be served with a copy of "Pro Se 15" form, the Complaint for Violation of Civil Rights, Non-Prisoner Complaint and served on January 5, 2018 by First Class Mail addressed to Mr. Peter R. Tia at his address of record.
March 1, 2018
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ORDER (1) DISMISSING AMENDED COMPLAINT IN PART; AND (2) TO SHOW CAUSE. Conclusion:"All claims against CoreCivic, Staggs, and Bird are DISMISSED without leave to amend. Federal claims against Walmart and Straight Talk are DISMISSED without leave to amend for failure to state a claim.Plaintiff is ORDERED to show cause why his state-law claims against Walmart and Straight Talk should not be dismissed for lack of diversity jurisdiction. That is, Plaintiff is ORDERED to file a statement by March 14, 2018, explaining how he could amend the existing Amended Complaint to establish diversity jurisdiction -- Plaintiff must set forth diversity of citizenship of all parties, and show how he has incurred damages in excess of $75,000 as a result of Walmart's and Straight Talk's conduct.If Plaintiff fails to file a statement by March 14, 2018, or fails to show how he could amend to establish diversity jurisdiction, the court will dismiss the remaining counts of the Amended Complaint for lack of subject-matter jurisdiction." IT IS SO ORDERED.Signed by CHIEF JUDGE J. MICHAEL SEABRIGHT on 3/1/2018. (afc)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 will be served by first class mail on March 2, 2018.