Trotter v. State of Hawaii et al

Filing 5

ORDER GRANTING PLAINTIFF'S APPLICATION TO PROCEED IN FORMA PAUPERIS AND DIRECTING SERVICE re 2 - Signed by JUDGE SUSAN OKI MOLLWAY on 1/18/2017. "The court directs the Clerk of Court to send Trotter three (3) copies of the Complaint (one for each named defendant), three (3) summons (one for each named defendant), six (6) Notice of a Lawsuit and Request to Waive Service of a Summons forms (AO 398) (two for each named defendant), six (6) Waiver of the Service of Summons forms (AO 399) (two for each named defendant), and an instruction sheet. The Clerk shall send a copy of this order to the U.S. Marshals Service and the Attorney General for the State of Hawaii." (emt, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF HAWAII
WILLIE TROTTER,

)
)
Plaintiff,
)
)
vs.
)
)
STATE OF HAWAII, HAWAII
)
PAROLING AUTHORITY, and
)
HAWAII CRIMINAL JUSTICE DATA
)
CENTER,
)
Defendants.
_____________________________ )

CIVIL NO. 17-00016 SOM-KSC
ORDER GRANTING PLAINTIFF’S
APPLICATION TO PROCEED IN
FORMA PAUPERIS AND DIRECTING
SERVICE

ORDER GRANTING PLAINTIFF’S APPLICATION TO PROCEED IN
FORMA PAUPERIS AND DIRECTING SERVICE
Before this court is pro se Plaintiff Willie Trotter’s
non-prisoner civil rights Complaint and in forma pauperis
application.

See ECF Nos. 1, 2.

Trotter names the State of

Hawaii, Hawaii Paroling Authority, and Hawaii Criminal Justice
Data Center as Defendants.
1983.

He seeks relief under 42 U.S.C. §

ECF No. 1.
Having established that he is a pauper, the court

determines that he is unable to pay the cost of this proceeding
or give security therefor.

See 28 U.S.C. § 1915(a)(1).

Accordingly, the court grants his Application to Proceed In
Forma Pauperis.
The court directs the Clerk of Court to send Trotter
three (3) copies of the Complaint (one for each named
defendant), three (3) summons (one for each named defendant),
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six (6) Notice of a Lawsuit and Request to Waive Service of a
Summons forms (AO 398) (two for each named defendant), six (6)
Waiver of the Service of Summons forms (AO 399) (two for each
named defendant), and an instruction sheet.

The Clerk shall

send a copy of this order to the U.S. Marshals Service and the
Attorney General for the State of Hawaii.
Trotter is directed to fully complete the forms and
send them to the U.S. Marshals Service, 300 Ala Moana Boulevard,
Room C-109, Honolulu, Hawaii 96850.

Trotter must complete and

send a set of U.S. Marshals Service forms for each named
defendant.

Trotter must also send to the U.S. Marshals Service

a copy of this Order to Proceed In Forma Pauperis and Directing
Service, the Complaint, and summons (for each named defendant).
The U.S. Marshals Service shall mail to each of the
named defendants a copy of the Complaint, a completed Notice of
a Lawsuit and Request to Waive Service of a Summons forms (AO
398), and a completed Waiver of the Service of Summons forms (AO
399).

The U.S. Marshals Service shall retain a copy of the

summons and a copy of the Complaint.
Defendants shall return the Waiver of the Service of
Summons forms to the U.S. Marshals Service within thirty days
from the date the requests are mailed.

If the Waiver of the

Service of Summons forms and Requests to Waive Service of a
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Summons forms are returned as undeliverable, the U.S. Marshals
Service shall immediately file them with the court.
If Defendants fail to return the Waiver of the Service
of Summons forms within thirty days, the U.S. Marshals Service
shall personally serve them.

Within ten days after personal

service is effected, the U.S. Marshals Service shall file the
return of service for Defendants with evidence of any attempts
to secure a waiver of service of summons and the costs incurred
in effecting service.

These costs will be taxed against the

personally served defendant.

See Fed. R. Civ. P. 4(d)(2).

Defendants shall file an answer or other responsive
pleading within the time provided in the Federal Rules of Civil
Procedure (within sixty days after the request for waiver of
service was sent (if formal service is waived), or twenty days
after personal service of the Summons and Complaint).
R. Civ. P. 4(d)(3) and Rule 12(a)(1)(B).

See Fed.

Failure to do so may

result in the entry of default.
Trotter shall inform the court of any change of
address in writing by filing a document that bears the title
“Notice of Change of Address.”

The notice shall contain only

information about the change of address and its effective date
and shall not include requests for other relief.

Failure to

file such notice may result in the dismissal of the action for
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failure to prosecute under Federal Rule of Civil Procedure
41(b).
After the Complaint is served and Defendants have
filed a responsive pleading, Trotter’s documents will be deemed
served on Defendants or their attorney(s) when they are
electronically filed by the court.

The U.S. Marshals Service is

not responsible for serving these documents on Plaintiff’s
behalf.
IT IS SO ORDERED.
DATED: Honolulu, Hawaii, January 18, 2017.

/s/ Susan Oki Mollway
Susan Oki Mollway
United States District Judge
Willie Trotter v. State of Hawaii, Hawaii Paroling Authority, and Hawaii
Criminal Justice Data Center, Civ. No. 17-00016 SOM-KSC; ORDER GRANTING
PLAINTIFF’S APPLICATION TO PROCEED IN FORMA PAUPERIS AND DIRECTING SERVICE.

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