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18-037 - Aquino v. State of Hawaii et al


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18-037 - Aquino v. State of Hawaii et al
February 12, 2018
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ORDER Dismissing Complaint In Part and Staying Action. (1) "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)(1). Aquino's claims raised on behalf of his girc notifications were served by first class mail on the date of this docket entry lfriend, and against the State of Hawaii, the Hawaiian Monarch Hotel, and Defendants named in their official capacities are DISMISSED with prejudice. Aquino's claims as alleged against Doe Defendants 1-20 are DISMISSED without prejudice. Aquino may amend these claims after this action has been reopened. (2) This action is STAYED. Aquino SHALL report to the court within thirty days after the conclusion of his criminal proceedings, including direct review, in State v. Aquino, Cr. No. 1CPC-17-0001576 (1st Cir. Ct. 2017). At that time, Aquino SHALL NOTIFY the court of the outcome of his criminal proceeding and declare whether he intends to proceed with this action. If satisfied that there is no longer a need to abstain, the court shall reopen this action. (3) IN THE ALTERNATIVE, Aquino may notify the court in writing within thirty 30 days of the date of this Order that he elects to voluntarily dismiss this action without prejudice. In that event, the court will waive any further filing fees that may be owed. (4) The Clerk of Court is DIRECTED to note that this suit is STAYED and to administratively close this action." Signed by JUDGE SUSAN OKI MOLLWAY on 2/12/18. (cib, )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 electroni