Nahoopii v. Department of Public Safety, State of Hawaii

Filing 23

ORDER REGARDING PLAINTIFF'S JANUARY 4, 2010, LETTER re 22 . Signed by JUDGE ALAN C KAY on 1/7/10. (eps ) -- The Court therefore directs the Clerk of Court to transmit a copy of Plaintiffs letter to the Ninth Circuit. 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). 9CCA by electronic notification. Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF HAWAII STEVEN R. NAHOOPII, Plaintiff, vs. DEPARTMENT OF PUBLIC SAFETY, STATE OF HAWAII, Defendant. ) ) ) ) ) ) ) ) ) ) ) Civ. No. 09-00282 ACK-BMK

ORDER REGARDING PLAINTIFF'S JANUARY 4, 2010, LETTER On August 24, 2009, the Court entered judgment in this case, dismissing the action with prejudice without leave to amend. On August 31, 2009, Plaintiff filed a notice of appeal.

On September 1, 2009, Plaintiff filed a "NOTICE TO DISMISS AN APPEAL" in this Court, explaining that he moved "to dismiss his Notice of Appeal." On September 1, 2009, the Court transmitted a On September 18, 2009,

copy of the notice to the Ninth Circuit.

the Ninth Circuit entered an order stating that Plaintiff's "motion for voluntary dismissal of this appeal, filed in the district court on September 1, 2009, is granted." On January 5, 2010, the Court received a letter from Plaintiff stating that he "did not voluntarily dismiss[] [his] appeal on September 1, 2009." He asks the Court "to give [him] The letter is

another chance to appeal [his] case again."

addressed to the attention of Molly C. Dwyer, Clerk of Court for the Ninth Circuit. The basis for Plaintiff's request to be given another opportunity to appeal is that he did not dismiss his case voluntarily. Plaintiff's claim that he did not voluntarily The

dismiss his appeal should be addressed to the Ninth Circuit.

Court therefore directs the Clerk of Court to transmit a copy of Plaintiff's letter to the Ninth Circuit. IT IS SO ORDERED. Dated: Honolulu, Hawai`i, January 7, 2010.

________________________________ Alan C. Kay Sr. United States District Judge
Nahoopii v. Dep't of Public Safety, State of Hawaii, Civ. No. 09-00282 ACKBMK: Order Regarding Plaintiff's January 4, 2010, Letter

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