Eager v. Six Unknown Honolulu Police Department Officers

Filing 22

ORDER OF RECUSAL. JUDGE SUSAN OKI MOLLWAY recused. Case reassigned to CHIEF JUDGE J. MICHAEL SEABRIGHT for all further proceedings. Please reflect new case number CV 15-00098 JMS-KSC. Signed by JUDGE SUSAN OKI MOLLWAY on 11/30/2015. (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). Samuel Erin Eager served by first class mail at the address of record on December 1, 2015.

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF HAWAII SAMUEL ERIN EAGER, ) ) Plaintiff, ) ) SIX UNKNOWN HONOLULU POLICE ) DEPARTMENT OFFICERS, ) ) Defendants. ) _____________________________ ) CIVIL NO. 15-00098 SOM/KSC ORDER OF RECUSAL ORDER OF RECUSAL I recuse myself from any and all further proceedings in this matter to avoid questions as to my impartiality. I apologize for not having recused earlier, By way of explanation for this delay, I state that I have a standing recusal for cases involving the City and County of Honolulu, given my close friendship with Corporation Counsel Donna Leong. Probably because the defendants were unnamed individuals in the original Complaint, the Clerk’s Office did not automatically take me out of the assignment process when the case was first filed. Thereafter the Honolulu Police Department was named as a defendant in the First Amended Complaint and the Second Amended Complaint. This should have been a clear recusal trigger but the trigger was unfortunately overlooked. I note that cases filed by prisoners are typically worked on by a law clerk who does not work in my chambers and is not familiar with my recusal practice. Moreover, it was not until the filing of the motion to dismiss that anything substantive was filed by Corporation Counsel, as proceedings before then were in the nature of the court’s own screening proceedings required by law. In any event, I myself should have earlier noted the need for recusal, and I regret any inconvenience this belated action may cause. In light of the above, this case is referred for reassignment. IT IS SO ORDERED. DATED: Honolulu, Hawaii, November 30, 2015. /s/ Susan Oki Mollway Susan Oki Mollway United States District Judge Samuel Erin Eager v. Six Unknown Honolulu Police Department Officers, Civil No. 15-00098 SOM/KSC, ORDER OF RECUSAL 2

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