Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Glenn Mizukami v. Donna Edwards; Thomas D. Collins Iii; the State of Hawaii and Gov.

February 29, 2012

GLENN MIZUKAMI,
PLAINTIFF,
v.
DONNA EDWARDS; THOMAS D. COLLINS III; THE STATE OF HAWAII AND GOV. NEAL ABERCROMBIE, HON. BERT I. AYABE JUDGE OF CIRCUIT COURT OF FIRST CIRCUIT, HON. DANIEL R. FOLEY JUDGE INTERMEDIATE COURT OF APPEALS, DOES 1-10, DEFENDANTS.



The opinion of the court was delivered by: Leslie E. Kobayashi United States District Judge

ORDER DISMISSING COMPLAINT, DENYING PETITION FOR INJUNCTIVE RELIEF & DECLARATORY JUDGMENT, AND DENYING APPLICATION TO PROCEED IN FORMA PAUPERIS

On February 21, 2012, pro se Plaintiff Glenn K. Mizukami ("Plaintiff") filed a Verified Complaint ("Complaint), an Application to Proceed In Forma Pauperis and Affidavit ("Application"), and a Petition for Injunctive Relief & Declaratory Judgment ("Petition"). The Court finds these matters 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"). After careful consideration of the Complaint and the relevant legal authority, this Court HEREBY DISMISSES the Complaint WITH PREJUDICE for failure to state a claim upon which relief can be granted. Further, the Court HEREBY DENIES the Application and the Petition as moot.

BACKGROUND

The instant case arises from several Hawai'i state court proceedings involving Plaintiff and Defendant Donna Edwards ("Edwards"), his ex-wife. The Complaint states that Plaintiff and Edwards married and had a son in 1986, and then divorced in 1991. [Complaint at ¶ 3.] Edwards was apparently represented in several state family court actions involving Plaintiff by Defendant Thomas Collins ("Collins"). [Id. at ¶ 4.] Plaintiff alleges that Edwards and Collins conspired with state court judges Bert Ayabe ("Judge Ayabe") and Daniel Foley ("Judge Foley") to deny him due process in violation of 42 U.S.C. §§ 1983, 1985, and 1986. [Id. at ¶ 6.] He alleges that these state court judges, the State of Hawai'i, and Governor Neil Abercrombie (collectively "State Defendants") are vicariously liable for the "judges' other non-discretionary torts pretensed (sic) in 'scope of office'". [Id. at ¶ 7.]

Plaintiff alleges that, under family court support orders entered in 2001 and 2002, the state courts denied Edwards' claims for child support, but awarded her over $30,000 in attorneys' fees. On appeal, Judge Foley awarded Edwards and Collins $8,613 and $7,054 in attorneys' fees. [Id. at ¶¶ 15-20.] According to Plaintiff, Collins then "filed illegal Nonconsensual Lien 6/18/04 No. 2004-123147 as trespass of Plaintiff's Homestead to unconstitutionally obstruct title to destroy Plaintiff's creditability (sic) & livelihood[.]" [Id. at ¶ 21.] It appears that Plaintiff attempted to expunge the lien, but was unsuccessful in either Circuit or Family Court, and his appeal was denied by Judge Foley. [Id. at ¶¶ 22, 24-25.]

Although not entirely clear, it appears that Plaintiff alleges that Judge Ayabe issued several minute orders in an unspecified state court matter in 2010 regarding a "'post-judgment foreclosure' of Family Court vacated voided-fees lien[.]" [Id. at ¶¶ 25-26.] Plaintiff alleges that these minute orders denied Plaintiff due process and equal protection, and that Judge Ayabe "tampered" with court records and the Circuit Court Clerk's Record on Appeal ("ROA") to discard one of the minute orders. [Id. at ¶¶ 28-30.] On appeal, Judge Foley allegedly "complicitly denied Plaintiff's repeated Motions to correct tampered ROA," refused to recuse himself, and dismissed the appeal. [Id. at ¶¶ 32-34.] Plaintiff seeks damages "exceeding $300,000". [Id. at ¶ 48.]

In his concurrently filed Petition, Plaintiff seeks injunctive relief to expunge the lien and "award Plaintiff $350,000 reparation" [Petition at ¶ 1,] and a declaratory judgment that the various defendants deprived him of his rights and are liable for "exemplary damages of at least $1,200,000" [id. at ¶ 2].

DISCUSSION

This district court has recognized that:

A court may deny leave to proceed in forma pauperis at the outset if it appears from the facts of the proposed complaint that the action is frivolous, fails to state a claim on which relief may be granted, or seeks monetary relief against a defendant who is immune from such relief. 28 U.S.C. § 1915(e)(2). See Minetti v. Port of Seattle, 152 F.3d 1113, 1115 (9th Cir. 1998).

As such, pro se plaintiffs proceeding in forma pauperis "must also be given an opportunity to amend their complaint unless it is absolutely clear that the deficiencies of the complaint could not be cured by amendment." Tripati v. First Nat'l Bank & Trust, 821 F.2d 1368, 1370 [(9th Cir. 1987)] (internal citations omitted).

Lopez-Ruiz v. Tripler Army Med. Ctr., Civil No. 11-00065 SOM/KSC, 2011 WL 466784, at *1 (D. Hawai`i Feb. 4, 2011) (some alterations in original).

Plaintiff is appearing pro se; consequently, this Court will liberally construe his pleadings. See Eldridge v. Block, 832 F.2d 1132, 1137 (9th Cir. 1987) ("The Supreme Court has instructed the federal courts to liberally construe the 'inartful pleading' of pro se litigants." (citing Boag v. MacDougall, 454 U.S. 364, 365 (1982) (per curiam))).

Plaintiff brings the instant action for alleged violations of 42 U.S.C. §§ 1983, 1985, and 1986; Haw. Rev. Stat. Chapters 661, 662, and 663; and under 28 U.S.C. § 1652. [Complaint at ¶¶ 9-10.] The Complaint also asserts that this Court has subject jurisdiction in this case pursuant to 28 U.S.C. ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.