United States District Court, D. Hawaii
ORDER DENYING APPEAL OF MAGISTRATE JUDGE'S
DERRICK K. WATSON UNITED STATES DISTRICT JUDGE.
the court are Plaintiff's Objections to Magistrate Judge
Kenneth J. Mansfield's Orders denying Plaintiff's
proposed amended complaint, ECF No. 85, and vacating all
hearing dates and deadlines, ECF No. 88, after this action
was closed. Plaintiff gives no bases for his objections,
beyond his statement that they “Precedes ‘Notice
of Appeal By- Right.'” Objections, ECF No. 89. The
court treats Plaintiff's Objections as an appeal from the
Magistrate Judge's nondispositive Orders.
commenced this action on July 25, 2016. See Compl.,
ECF No. 1.
September 16, 2016, the court screened Plaintiff's
Complaint and dismissed it with leave to amend for its
failure to state a claim. Order, ECF No. 9.
December 22, 2016, Plaintiff submitted the First Amended
Complaint (“FAC”). ECF No. 18. The court
determined that the FAC stated claims against Defendants
Kaipo Sarkissian and Levy Christensen only, for the use of
excessive force and retaliation; all other claims against all
other Defendants were dismissed with leave to amend for
failure to state a claim. See February 9, 2017
Order, ECF No. 20.
numerous objections, peripheral motions, interlocutory
appeals, and delays by Plaintiff in serving the FAC,
Sarkissian and Christensen were finally served on or about
September 29 and filed their Answer on November 28, 2017.
January 29, 2018, Magistrate Judge Mansfield issued a Rule 16
Scheduling Order, which set the deadline for motions to join
parties or amend the pleadings as July 31, 2018. ECF No. 63.
1, 2018, Defendants filed a Motion for Summary Judgment for
Plaintiff's alleged failure to exhaust prison
administrative remedies prior to bringing suit. ECF No. 74.
10, 2018, Plaintiff filed an Opposition to the Motion for
Summary Judgment. ECF No. 79.
31, 2018, Defendants filed their Reply to Plaintiff's
Opposition. ECF No. 80.
30, 2018, Plaintiff signed a request to file a Motion to Join
Additional Parties and to Amend Pleadings; its mailing
envelope shows that it was received by prison officials on
July 31, 2018. See ECF Nos. 81, 81-1. The court
received and docketed the Motion on August 7, 2018.
Defendants opposed the Motion. ECF No. 82.
August 14, 2018, Magistrate Judge Mansfield denied
Plaintiff's request for an extension of time to file a
Motion to Join Additional Parties and to Amend Pleadings.
August 14, 2018 Order, ECF No. 83. Magistrate Judge Mansfield
held that Plaintiff failed to show good cause or diligence
for the requested extension of time and failed to explain
who he sought to add as additional parties and
what specific amendments to the FAC he sought.
August 27, 2018, Plaintiff submitted a 110-page proposed
amended complaint, labeled “Fed. R. Civ. P. 10. (c)
Enforced Thoroughly Through-Out Above - 111 Mentioned Pages
As Published.” ECF No. 84. The proposed pleading
renamed all of the Defendants and realleged all of the claims
that were dismissed in the February 9, 2017 Order, and,
although this is not clear, named new Defendants. It ...