Adkins v. Unnamed Defendants

Filing 45

ORDER GRANTING PLAINTIFF'S MOTION TO WITHDRAWAL CIVIL ACTION re 36 Motion to Dismiss re 42 Motion to Withdraw. Signed by JUDGE LESLIE E. KOBAYASHI on 01/23/2015. This Court therefore GRANTS Plaintiff& #039;s Motion to Withdrawal Civil Action, filed January 7, 2015. The remaining claims in Plaintiff's First Amended Complaint, filed May 6, 2014, are HEREBY DISMISSED WITH PREJUDICE, with the parties to bear their own costs and attorney's fe es. In light of the ruling on Plaintiff's Motion, the hearing on Defendants' Motion to Dismiss First Amended Complaint with Prejudice and/or for Summary Judgment as to All Claims, filed November 7, 2014, is VACATED, and Defendants' Mot ion is HEREBY DENIED AS MOOT. There being no remaining claims in this case, this Court DIRECTS the Clerk's Office to enter judgment in favor of Defendants and to close the case on February 17, 2015, unless Plaintiff files a motion for r econsideration of this Order by February 9, 2015. (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
TINEIMALO ADKINS, JR., FED.
REG. #95342-022,

)
)
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Plaintiff,
)
)
vs.
)
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DAVID SHINN; STEVEN REISER;
)
CULLY STERNS; WILLIAM CLINE; )
JOSEPH POTTS; ALAN URASAKI;
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TREVOR LIDGE,
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Defendants.
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_____________________________ )

CIVIL 14-00156 LEK-KSC

ORDER GRANTING PLAINTIFF’S MOTION TO WITHDRAWAL CIVIL ACTION
Before the Court is pro se Plaintiff Tineimalo Adkins,
Jr.’s (“Plaintiff”) “Motion to Withdrawal Civil Action”
(“Plaintiff’s Motion”), filed on January 7, 2015.

[Dkt. no. 42.]

The Court finds this matter suitable for disposition without a
hearing pursuant to Rule LR7.2(d) of the Local Rules of Practice
of the United States District Court for the District of Hawai`i
(“Local Rules”).
On January 13, 2015, this Court issued an entering
order (“1/13/15 EO”) informing the parties that it was inclined
to grant Plaintiff’s Motion and to dismiss the case with
prejudice, with the parties to bear their own costs and
attorney’s fees.

[Dkt. no. 43.]

The 1/13/15 EO also informed

the parties that, if this Court grants Plaintiff’s Motion, it
would deny as moot William Cline, Alan Urasaki, and Trevor

Lidge’s (“Defendants”) pending Motion to Dismiss First Amended
Complaint with Prejudice and/or for Summary Judgment as to All
Claims (“Defendants’ Motion”),1 filed November 7, 2014.
no. 36.]

[Dkt.

Defendants’ Motion is currently set for hearing on

February 9, 2015, at 9:45 a.m.

Plaintiff’s memorandum in

opposition to Defendants’ Motion was due on January 12, 2015,
[EO, filed 12/5/14 (dkt. no. 41),] but Plaintiff did not file a
response to Defendants’ Motion.
On January 20, 2015, Defendants filed a response to the
1/13/15 EO.

[Dkt. no. 44.]

Defendants state that they do not

object to the granting of Plaintiff’s Motion, as long as this
Court dismisses the action pursuant to the terms described in the
1/13/15 EO.

Defendants emphasize that they oppose any dismissal

of Plaintiff’s action that is without prejudice.
Fed. R. Civ. P. 41(a)(2) states, in pertinent part:

1

Plaintiff filed his original Complaint on March 25, 2014,
and, on April 8, 2014, this Court issued a Deficiency Order that,
inter alia, directed Plaintiff to file an amended complaint.
[Dkt. nos. 1, 4.] Plaintiff filed his First Amended Complaint on
May 6, 2014. [Dkt. no. 14.] In a June 16, 2014 order, this
Court: 1) ruled that Plaintiff’s claims against Defendants Cline,
Urasaki, and Lidge state cognizable claims for relief; and
2) dismissed Plaintiff’s claims against Defendants David Shinn,
Steven Reiser, Cully Sterns, and Joseph Potts. [Dkt. no. 17.]
Plaintiff filed a Second Amended Complaint on July 8, 2014.
[Dkt. no. 18.] In a July 24, 2014 order, this Court dismissed
the Second Amended Complaint and ruled that the operative
pleading in this case is the portion of the First Amended
Complaint alleging claims against Defendants Cline, Urasaki, and
Lidge. [Dkt. no. 23.]
2

“Except as provided in Rule 41(a)(1),[2] an action may be
dismissed at the plaintiff’s request only by court order, on
terms that the court considers proper.”

This Court has reviewed

both Plaintiff’s Motion and Defendants’ Motion, and this Court
notes that Plaintiff had multiple opportunities to correct the
deficiencies in his pleadings, and Plaintiff apparently filed his
motion instead of responding to Defendants’ Motion.

This Court

FINDS that, under the circumstances of this case, the dismissal
of Plaintiff’s action shall be with prejudice.
CONCLUSION
This Court therefore GRANTS Plaintiff’s Motion to
Withdrawal Civil Action, filed January 7, 2015.

The remaining

claims in Plaintiff’s First Amended Complaint, filed May 6, 2014,
are HEREBY DISMISSED WITH PREJUDICE, with the parties to bear
their own costs and attorney’s fees.

In light of the ruling on

Plaintiff’s Motion, the hearing on Defendants’ Motion to Dismiss
First Amended Complaint with Prejudice and/or for Summary
Judgment as to All Claims, filed November 7, 2014, is VACATED,
and Defendants’ Motion is HEREBY DENIED AS MOOT.
There being no remaining claims in this case, this
Court DIRECTS the Clerk’s Office to enter judgment in favor of

2

Plaintiff cannot voluntarily dismiss his action without a
court order, pursuant to Rule 41(a)(1)(A), because Defendants
have already filed a motion for summary judgment, and the parties
have not stipulated to a dismissal without a court order.
3

Defendants and to close the case on February 17, 2015, unless
Plaintiff files a motion for reconsideration of this Order by
February 9, 2015.
IT IS SO ORDERED.
DATED AT HONOLULU, HAWAII, January 23, 2015.

/s/ Leslie E. Kobayashi
Leslie E. Kobayashi
United States District Judge

TINEIMALO ADKINS, JR. VS. DAVID SHINN, ET AL; CIVIL 14-00156 LEKKSC; ORDER GRANTING PLAINTIFF’S MOTION TO WITHDRAWAL CIVIL ACTION

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