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Williams v. Ige

United States District Court, D. Hawaii

June 19, 2017

MAUNU RENAH WILLIAMS, #A6070389, Plaintiff,
v.
DAVID Y. IGE, TOMMY JOHNSON, JODIE MAESAKA HIRATA, DONALD TRUMP, DOVELINE BORGES, Defendants,

          ORDER DISMISSING FIRST AMENDED COMPLAINT AND DENYING MOTIONS FOR MANDAMUS ORDER WITH MANDATORY INJUNCTION AND TEMPORARY INTERLOCUTORY INJUNCTION ORDER

          Susan Oki Mollway United States District Judge.

         Before the court are Plaintiff Maunu Renah Williams's First Amended Complaint (“FAC”), ECF No. 11, and two nearly identical Motions “For A Ma[n]damus Order With Mandatory Injunction and Temporary Interlocutory Injunction Order, ” ECF Nos. 7, 13.[1]

         Williams names Hawaii Governor David Y. Ige, Hawaii Department of Public Safety (“DPS”) Parole and Pardon Administrator Tommy Johnson, DPS Deputy Director of Corrections Joedie Maesaka Hirata, President Donald J. Trump, and Halawa Correctional Facility (“HCF”) Residency Section Administrator Doveline Borges as Defendants. He alleges that Defendants violated his constitutional rights by denying him a pardon, clemency, or transfer to the Hawaii State Hospital. See FAC, ECF No. 11.

         For the following reasons, Williams's FAC is DISMISSED with leave granted to amend, and his Motions for a Writ of Mandamus are DENIED.

         I. BACKGROUND

         Williams is incarcerated at HCF and is proceeding in forma pauperis. He commenced this action on May 17, 2017. See Compl., ECF No. 1. He has since filed two amended Complaints, ECF No. 4 (filed May 30, 2017) and ECF No. 11 (filed June 9, 2017), a motion to clarify his original Complaint, ECF No. 8, and a supplement to the amended Complaint of May 30, 2017, ECF No. 9.[2]

         On June 7 and 8, 2017, Williams filed the Motions for Writ of Mandamus now before the court. ECF Nos. 7, 13.

         Williams states that he wrote to each Defendant, as well as to many other federal and state elected officials, requesting a pardon or clemency. See FAC, ECF Nos. 11, PageID #73 (listing individuals Williams contacted requesting a pardon); 111 (May 8, 2017 letter to Senators Mazie Hirono and Brian Schatz).

         In Count I, Williams alleges that Governor Ige and President Trump abused their discretion and violated his constitutional rights (and the Bible) by denying his request for a pardon and for community health treatment. Williams states that Ige's and Trump's “negligence” caused him to be “abused, assaulted in prison by officials and inmates to committ [sic] suicide.” FAC, ECf No. 11 5, PageID #84. He provides no facts regarding this alleged abuse or assault.

         In Count II, Williams alleges that DPS Deputy Director Maesaka Hirata and HCF Residency Administrator Borges abused their discretion and conspired to violate his constitutional rights, despite knowing of his mental health history and of “assaults and inmates committing suicide, ” when they denied him a transfer to the Hawaii State Hospital to “prevent [his] potential injury and suicide.” FAC, ECF No. 11 5, PageID #85. He again asserts “abuse” and says he was “assaulted in prison, ” but provides no details regarding this alleged abuse or assault. Id.

         In Count III, Williams alleges DPS Pardon Administrator Johnson negligently denied him relief, and again asserts that he was “abused and assaulted in prison[], ” without supporting facts. Id., PageID #86.

         Williams attaches to the FAC a Psychiatry Progress Note signed by Louise Lettich, M.D., and dated May 12, 2017. ECF No. 4 4. Dr. Lettich diagnosed Williams with “Psychotic disorder NOS 298.9 (Primary), ” and as “Schizophrenic, Paranoid F20.0.” Id. She noted his feelings of psychiatric instability, and his desire to be transferred to the Hawaii State Hospital for a “respite.” Id. Williams reportedly told her that he had recently witnessed another inmate attempt suicide and had been assaulted by a different inmate in the past. Dr. Lettich did not approve Williams's request for a transfer to the Hawaii State Hospital, but ordered that he “continue chlorpromazine as directed” for his “Psychotic disorder NOS.” Id.

         Williams seeks a writ of mandamus directing Defendants to issue a “Pardon Clemency Executive Order” within 28 days, to transfer him to the Hawaii State Hospital within seventy two hours, and, upon such release, to provide community health treatment at the Hilo Mental Health Intake Office. See FAC, ECF No. 11 5, PageID #87; Mot., ECF No. 13.

         II. SUA SPONTE SCREENING

         Federal courts must screen all cases in which prisoners seek redress from a governmental entity, officer, or employee, or seek to proceed without prepayment of the civil filing fees. See 28 U.S.C. §§ 1915(b)(2) and 1915A(a). The court must identify cognizable claims and dismiss claims that are frivolous, malicious, fail to state a claim on which relief may be granted, or seek monetary relief from a defendant who is immune from such relief. Id. at §§ 1915(b)(2) and 1915A(b).

         A complaint must contain “a short and plain statement of the claim showing that the pleader is entitled to relief.” Fed.R.Civ.P. 8(a)(2). Detailed factual allegations are not required, but “[t]hreadbare recitals of the elements of a cause of action, supported by mere conclusory statements, do not suffice.” Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009) (citing Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 555 (2007)). Moreover, a plaintiff must demonstrate that ...


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