Kaihana et al v. District Court of the First Circuit, Waianae et al
ORDER DISMISSING ACTION WITH PREJUDICE. Signed by JUDGE HELEN GILLMOR on 3/16/2012. (ecs, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at t he 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 3/19/2012 the date of this docket entry Modified on 3/16/2012 (ecs, ).
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF HAWAII
District Court of the First
Circuit, Waianae; Department
of the Attorney General; Graig
Y. Iha; Matthew S. Dvonch;
State of Hawaii; Fannie
Mae/Freddie Mac with the
Civ. No. 12-00041 HG-BMK
ORDER DISMISSING ACTION WITH PREJUDICE
On January 19, 2012, Plaintiffs James-Kaulaniuakea Kaihana,
Pauline-Puamamane Kaihana, and David-Wynn Miller filed a document
that the Court construes as a Complaint.
The document is
comprised of a collection of words, symbols, and letters laid out
in no apparent order, and is completely unintelligible.
Court cannot identify a single coherent or complete sentence, let
alone any specific claims that the Plaintiffs are advancing.
filing appears intended to be a “Complaint” because the top
right-hand side of the first page contains the following words:
“For this CORRECT-SENTENCE-STRUCTURE-COMMUNICATION-PARSE-SYNTAXGRAMMAR of the CLAIMANTS ARE with this QUO-WARRANTO-COMPLAINT . .
. .” (Complaint at 1 (Doc. 1) (emphasis in original)).
David-Wynn Miller, along with other plaintiffs, has recently
filed similar nonsensical complaints in Lacabanne v. GMAC
Mortgage, LLC., CV-12-00060 SOM-BMK; Paet v. Argent Mortgage Co.,
LLC, CV-12-00048 SOM-BMK; Chau v. BNC Mortg., Inc., CV-11-00656
SOM-BMK; Miller v. Argent Mortg. Co., LLC, CV-11-00649 LEK-BMK;
Bailey v. BAC Home Loan Servicing, LP, 11-00648 LEK-BMK.
complaints have uniformly been dismissed for failure to comply
with Federal Rule of Civil Procedure 8 (“Rule 8”).
Rule 8 requires that a complaint include a “short and plain
statement of the claim” with “simple, concise, and direct”
A complaint that is so confusing that its “‘true
substance, if any, is well disguised’” may be dismissed sua
sponte for failure to satisfy Rule 8. Hearns v. San Bernardino
Police Dep’t, 530 F.3d 1124, 1131 (9th Cir. 1969) (quoting
Gillibeau v. City of Richmond, 417 F.2d 426, 431 (9th Cir.
1969)); see also Simmons v. Abruzzo, 49 F.3d 83, 86 (2d Cir.
1995) (stating that dismissal is appropriate when the complaint
if so confused, ambiguous, or unintelligible that its true
substance is disguised).
Plaintiffs are appearing pro se; consequently, the court
liberally construes their pleadings.
Eldridge v. Block, 832 F.2d
1132, 1137, (9th Cir. 1987) (“The Supreme Court has instructed
the federal courts to liberally construe the ‘inartful pleading’
of pro se litigants.”
(citing Boag v. MacDougall, 454 U.S. 364,
365 (1982) (per curium)).
Even liberally construed, however, the
purported allegations in the Complaint are completely incoherent
and utterly fail to state any kind of claim against any Defendant
that is remotely plausible on its face.
As the Complaint is unintelligible and in violation of Rule
8, this action is DISMISSED WITH PREJUDICE.
Amendment shall not
be permitted, as it is apparent from the Complaint as well as
Plaintiff David-Wynn Miller’s numerous other filings in this
court that this action has been filed in bad faith, and that
granting leave to amend would be futile. See W. Shoshone Nat’l
Council v. Molini, 951 F.2d 200, 204 (9th Cir. 1991) (grounds for
denying amendment include bad faith and futility).
This action is DISMISSED WITH PREJUDICE.
IT IS SO ORDERED.
DATED: March 16, 2012, Honolulu, Hawaii.
/S/ Helen Gillmor
United States District Judge
James-Kaulaniuakea Kaihana; Pauline-Paumamane; David-Wynn Miller v.
District Court of the First Circuit, Waianae; Department of the
Attorney General; Graig Y. Iha; Matthew S. Dvonch; State of Hawaii;
Fannie Mae/Freddie Mac with the Mortgage Electronic Registration
Systemes, Inc.; Civil No. 12-00041 HG-BMK; ORDER DISMISSING ACTION