Villanueva v. Hoffman et al

Filing 9

ORDER DENYING RECONSIDERATION re 8 - Signed by CHIEF JUDGE SUSAN OKI MOLLWAY on 12/8/2014. (emt, )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). Gerald Villanueva served by first class mail at the address of record on December 8, 2014.

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF HAWAII
GERALD VILLANUEVA, #A4005447

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Plaintiff,
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vs.
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MICHAEL S. HOFFMAN, et al.,
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Defendants.
_____________________________ )

CIV. NO. 14-00461 SOM/KSC
ORDER DENYING RECONSIDERATION

ORDER DENYING RECONSIDERATION
On October 16, 2014, the court denied Plaintiff’s in
forma pauperis application and dismissed this prisoner civil
rights action without prejudice pursuant to 28 U.S.C. § 1915(g).
Plaintiff was told he could reopen the case within twenty-eight
days, or commence a new action at his discretion, with concurrent
payment of the filing fee.

See Doc. No. 3, PageID #36.

On November 20, 2014, Plaintiff moved to proceed
without payment of costs or fees as a veteran, and moved again to
proceed in forma pauperis.

Doc. Nos. 5, 6.

these requests on November 21, 2014.

The court denied

Doc. No. 7.

Plaintiff now moves for reconsideration.

Doc. No. 8.

He apologizes if he missed the twenty-eight day deadline to
reopen this case, but explains that the mail to Arizona is very

slow.1

Plaintiff then authorizes the prison to mail a copy of

his prison trust account statement to the court, and to disburse
partial payments to the court pursuant to 28 U.S.C. § 1915(b)
(detailing the procedures for deducting payment when a prisoner
is granted in forma pauperis status).

Plaintiff provides no

reason for the court to reconsider its two decisions to deny in
forma pauperis status, Doc. Nos. 3, 7, or its decision to deny
waiver of fees for him as a veteran, Doc. No. 7.

Plaintiff

apparently misunderstands the import of these decisions.
Plaintiff may not proceed in forma pauperis in this
action because he has accrued more than three strikes pursuant to
28 U.S.C. § 1915(g) and he does not claim that he is in imminent
danger of serious physical injury.

The time has passed for

reopening this case by submitting full payment of the filing fee.
Plaintiff may raise his claims in a new action at any time with
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1

Mail from Plaintiff has taken an average of four days to
reach the court. Plaintiff was also aware of the twenty-eight
day deadline no later than November 16, 2014, the day he gave his
second in forma pauperis request and waiver of fees motion to
prison authorities for mailing to the court. See Doc. No. 5-1
(mailing documents).
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concurrent payment of the $400.00 filing fee.2

Plaintiff’s

Motion for Reconsideration is DENIED.
Plaintiff’s Motions are DENIED.
IT IS SO ORDERED.
DATED: Honolulu, Hawaii, December 8, 2014.

/s/ Susan Oki Mollway
Susan Oki Mollway
Chief United States District Judge

Villanueva v. Hoffman, 1:14-cv-00461 SOM/KSC; PSA/2014recon/Villanueva 14-461(dny);
J:\PSA Draft Ords\SOM\Villanueva 14-461 som (dny).wpd

2

Plaintiff complains that the court failed to inform him of
the cost for initiating a civil action. The October 16, 2014,
Dismissal Order clearly states: “Villanueva may . . . reassert
his claims in a new action with concurrent payment of the $400.00
filing fee.” Doc. No. 3, PageID #36.
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