Hoapili v. American Savings Bank et al

Filing 12

ORDER ADOPTING MAGISTRATE JUDGE'S FINDINGS AND RECOMMENDATION 6 . Signed by JUDGE HELEN GILLMOR on 10/24/2012. ~ IT IS HEREBY ORDERED AND ADJUDGED that, pursuant to Title 28, United States Code, Section 636(b)(1)(C) and Local Rul e 74.2, the Findings and Recommendation That (1) Plaintiff's First, Second, and Third Causes of Action Be Dismissed with Prejudice; (2) Plaintiff Be Given Leave to File an Amended Complaint as to Her Fourth Cause of Action; and (3) Plaintiff 9;s Application to Proceed Without Prepayment of Fees Be Denied (Doc. 6) are adopted as the opinion and order of this Court. (ecs, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notific ations 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
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Plaintiff,
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vs.
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AMERICAN SAVINGS BANK; HAWAII )
HOUSING FINANCE AND
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DEVELOPMENT CORPORATION
FORMERLY HOUSING FINANCE AND )
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DEVELOPMENT CORPORATION
FORMERLY HAWAII HOUSING
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AUTHORITY; INTERNAL REVENUE
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SERVICE; JOHN AND/OR JANE
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DOES 1-999,
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Defendants.
_____________________________
DIANNE KUULEIMOMI HOAPILI,,

CV NO. 12-00495 HG-RLP

ORDER ADOPTING MAGISTRATE JUDGE’S
FINDINGS AND RECOMMENDATION (Doc. 6)
Findings and Recommendation were filed and served on all
parties on September 14, 2012.

Plaintiff filed Objections on

September 26, 2012 (Doc. 7). Plaintiff’s Objections are difficult
to understand and are not relevant to the finding that the
Complaint fails to state a claim because there is a complete and
obvious defense from the face of the pleadings as to the First,
Second, and Third cause of action in the Complaint.
On Page 10, Paragraph 2, of Plaintiff’s Objections,
Plaintiff states she accepts the ruling of the Court as to the
deficiencies of the Fourth cause of action.
Plaintiff then states on Page 11, the final page of her
objections under the title Deficiencies:
1.

Plaintiff thanks the Court for allowing the
original complaint to be amended and duly notes
the deficiencies found in the Fourth Cause of

Action.
2.

Plaintiff here and now gives notice to the Court the
First Amended Complaint will be forthcoming to cure
deficiencies.

There being no relevant objections to the Findings and
Recommendation of the Magistrate Judge,
IT IS HEREBY ORDERED AND ADJUDGED that, pursuant to Title
28, United States Code, Section 636(b)(1)(C) and Local Rule 74.2,
the Findings and Recommendation That (1) Plaintiff's First,
Second, and Third Causes of Action Be Dismissed with Prejudice;
(2) Plaintiff Be Given Leave to File an Amended Complaint as to
Her Fourth Cause of Action; and (3) Plaintiff's Application to
Proceed Without Prepayment of Fees Be Denied (Doc. 6) are adopted
as the opinion and order of this Court.
IT IS SO ORDERED.
DATED: October 24, 2012, Honolulu, Hawaii.

/S/ Helen Gillmor
Helen Gillmor
United States District Judge