Lui et al v. Trust, Ed Olson
ORDER ADOPTING MAGISTRATE JUDGE'S FINDINGS AND RECOMMENDATIONS re 9 , 6 . Signed by JUDGE ALAN C KAY on 8/12/11. (eps)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 were served by first class mail on the date of this docket entry
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF HAWAII
HEIRS OF TIMETEO KEAWE,
EDMUND OLSON TRUST II, ET AL.,
Civ. No. 11-00396 ACK-RLP
ORDER ADOPTING MAGISTRATE JUDGE’S
FINDINGS AND RECOMMENDATIONS
On July 13, 2011, the magistrate judge’s “Findings and
Recommendation That Plaintiff’s Application to Proceed Without
Prepayment of Fees Be Denied,” which related to Plaintiff Han
Kamakani Phua’s in forma pauperis (“IFP”) application, were filed
and served on all parties.
Doc. No. 6 (“7/13/11 F&R”).
26, 2011, the magistrate judge’s “Findings and Recommendation
That Plaintiff’s Application to Proceed Without Prepayment of
Fees Be Denied,” which related to Plaintiff Abel Simeona Lui’s
IFP application, were filed and served on all parties.
9 (“7/26/11 F&R”).
No party has filed an objection to the 7/13/11 F&R or
to the 7/26/11 F&R,1/ and the Court cannot find clear error on
Plaintiff Phua paid the Court’s filing fee on August 8,
2011, and also submitted myriad uncertified documents apparently
from two related state court cases.
the face of the record with respect to these unobjected to
findings and recommendations.
See Stow v. Murashige, 288 F.
Supp. 2d 1122, 1127 (D. Haw. 2003).
Accordingly, IT IS HEREBY
ORDERED AND ADJUDGED that, pursuant to Title 28, United States
Code, Section 636(b)(1)(C) and Local Rule 74.2, both the 7/13/11
F&R and the 7/26/11 F&R are adopted as the opinions and orders of
IT IS SO ORDERED
DATED: Honolulu, Hawai‘i, August 12, 2011.
Alan C. Kay
Sr. United States District Judge
Heirs of Timeteo Keawe v. Edmund Olson Trust II, et al., Civ. No. 11-00396
ACK-RLP: Order Adopting Magistrate Judge’s Findings and Recommendations.
The Court notes that based on Plaintiff Phua’s August 8,
2011 filings, it is questionable that removal is merited. Also,
the Court is concerned that two state court cases have been
removed and assigned a single case number in this Court.
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