Annan-Yartey v. State of Hawaii Department of Transportation Airport et al

Filing 8

ORDER ADOPTING MAGISTRATE JUDGE'S FINDINGS AND RECOMMENDATIONS re 5 - Signed by JUDGE HELEN GILLMOR on 5/10/2018. The Court specifies that the Plaintiff has leave to file an Amended Complaint by no later than Tue sday, June 12, 2018, to address the deficiencies outlined in the Findings and Recommendation (ECF No. 5 ). Further, if Plaintiff files an Amended Complaint, Plaintiff must also pay the filing fee or file an In Forma Pauperis applicati on no later than Tuesday, June 12, 2018. (emt, )COURT'S CERTIFICATE of Service - Napoleon T. Annan-Yartey, Sr. served by First Class Mail to the address of record listed on the Notice of E lectronic Filing (NEF) on May 11, 2018. Filed copies of the Amended Complaint and IFP application, "received" on May 1, 2018 were included in the mailing to Mr. Annan-Yartey. Modified on 5/11/2018 (emt, ).

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF HAWAII
NAPOLEON T. ANNAN YARTEY, )
SR.,
)
)
Plaintiff,
)
)
vs.
)
)
STATE OF HAWAII
)
DEPARTMENT OF
)
TRANSPORTATION AIRPORT;
)
SECURITAS SECURITY
)
SERVICE USA, INC.; JOHN
)
DOES 1 10; JANE DOES 1
)
10; CORPORATION 1 10 DOES )
; PARTNERSHIP 1 10 DOES; )
DOE GOVERNMENT ENTITIES
)
1 10; DEPARTMENT OF STATE )
OF HAWAII, DEPARTMENT OF )
PUBLIC SAFETY, SHERIFF
)
DIVISION (DIS),
)
)
Defendants.
)
_________________________ )

CV 18 00107 HG KJM
ORDER ADOPTING MAGISTRATE
JUDGE’S FINDINGS AND
RECOMMENDATION

ORDER ADOPTING MAGISTRATE JUDGE’S
FINDINGS AND RECOMMENDATION TO: (1) DISMISS COMPLAINT
WITH LIMITED LEAVE TO AMEND; (2) DENY PLAINTIFF’S
APPLICATION TO PROCEED IN DISTRICT COURT WITHOUT
PREPAYING FEES OR COSTS (ECF No. 5)
Findings and Recommendation having been filed on
April 6, 2018 and served on all parties on April 9,
2018, and no objections having been filed by any party,
IT IS HEREBY ORDERED AND ADJUDGED that, pursuant to
Title 28, United States Code, Section 636(b)(1)(C) and
1

Local Rule 74.2, the "Findings and Recommendation to:
(1) Dismiss Complaint With Leave to Amend; (2) Deny
Plaintiff’s Application to Proceed in District Court
Without Prepaying Fees or Costs" are adopted as the
opinion and order of this Court.
The Court specifies that the Plaintiff has leave to
file an Amended Complaint by no later than Tuesday,
June 12, 2018, to address the deficiencies outlined in
the Findings and Recommendation (ECF No. 5).
Further, if Plaintiff files an Amended Complaint,
Plaintiff must also pay the filing fee or file an In
Forma Pauperis application no later than Tuesday, June
12, 2018.
IT IS SO ORDERED.
DATE: May 10, 2018, Honolulu, Hawaii.

Napoleon T. Annan-Yartey, Sr. v. State of Hawaii Department of
Transportation Airport; Securitas Security Service USA, Inc.;
John Does 1-10; Jane Does 1-10; Corporation 1-10 Does;
Partnership 1-10 Does; Governmental Entities 1-10; Department of
State of Hawaii, Department of Public Safety, Sheriff Division
(DIS), 18-cv-00107 HG-KJM; ORDER ADOPTING MAGISTRATE JUDGE’S
FINDINGS AND RECOMMENDATION TO: (1) DISMISS COMPLAINT WITH
LIMITED LEAVE TO AMEND; (2) DENY PLAINTIFF’S APPLICATION TO
PROCEED IN DISTRICT COURT WITHOUT PREPAYING FEES OR COSTS (ECF
No. 5)
2