United States District Court, D. Hawaii
ORDER DISMISSING FIRST AMENDED COMPLAINT AND DENYING
MOTIONS FOR MANDAMUS ORDER WITH MANDATORY INJUNCTION AND
TEMPORARY INTERLOCUTORY INJUNCTION ORDER
Oki Mollway United States District Judge.
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.
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
following reasons, Williams's FAC is DISMISSED with leave
granted to amend, and his Motions for a Writ of Mandamus are
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.
7 and 8, 2017, Williams filed the Motions for Writ of
Mandamus now before the court. ECF Nos. 7, 13.
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
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
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.
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.
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.
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.
SUA SPONTE SCREENING
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).
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 ...