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Jones v. Soong

United States District Court, D. Hawaii

September 26, 2018

WILLIE JAMES JONES, #A0234438, Plaintiff,
v.
MELVIN K. SOONG, et al., Defendants,

          ORDER DISMISSING FIRST AMENDED COMPLAINT AND ACTION

          JILL A. OTAKE JUDGE

         Before the court is pro se Plaintiff Willie James Jones's first amended complaint (FAC). Jones alleges that Honolulu Police Department (HPD) Officers Mark Cricchio and Anthony Colon (Defendants) violated his constitutional rights during his arrest twenty-three years ago.[1] See FAC, ECF. No. 8.

         The FAC is DISMISSED as both time-barred and precluded by the doctrine of Heck v. Humphrey, 512 U.S. 477 (1994). Further leave to amend is futile and this action is DISMISSED with prejudice.[2]

         I. BACKGROUND

         Jones filed the original Complaint in this action on June 14, 2018. ECF No. 1.

         On June 25, 2018, the Honorable Leslie E. Kobayashi dismissed the Complaint for Jones's failure to state a colorable claim for relief. See Order, ECF No. 5. First, Judge Kobayashi dismissed Jones's Complaint as Heck-barred, because it was clear from the face of the Complaint that Jones's claims, if successful, would call into question his arrest and conviction in Cr. No. 95-1384, which has not been “reversed, expunged, invalidated, or impugned by the grant of a writ of habeas corpus.” Heck, 512 U.S. at 489; see June 25, 2018 Order, ECF No. 5, PageID #21.

         Next, Judge Kobayashi dismissed Jones's claims under the doctrine of res judicata, based on his unsuccessful litigation of the same claims against the same Defendants in Jones v. Wong, Civ. No. 11-000209 JMS-RLP (D. Haw. 2011) (dismissed with prejudice for failure to state a claim May 26, 2011), aff'd, App. No. 11-16523 (9th Cir. 2012).

         Judge Kobayashi then dismissed Jones's claims against (1) the Honorable Melvin K. Soong as barred by judicial immunity; (2) all Defendants named in their official capacities; and (3) former Honolulu Mayor Frank Fasi and former Hawaii Governor Ben Cayetano, for Jones's failure to link them to his claims. See Order, ECF No. 5, PageID #29, #34-35.

         Finally, Judge Kobayashi explained that Jones's claims appeared time-barred on the face of the Complaint, and ordered him to show cause on or before September 24, 2018, explaining why this action should not be summarily dismissed as time-barred. Id., PageID #32.

         On July 5, 2018, Jones filed a motion for appointment of counsel. ECF No. 6.

         On July 16, 2018, Jones filed the FAC. ECF No. 9. Jones alleges that Defendants caused him to be falsely imprisoned for the past twenty-three years since his arrest by allegedly failing to read the Miranda warning and racially profiling him. See id., PageID #44-45. Jones seeks damages only.

         On September 5, 2018, this action was reassigned to the undersigned. ECF No. 10. Jones has not responded to the Order to Show Cause.

         II. STATUTORY SCREENING

         The court is required to screen Jones's pleadings pursuant to 28 U.S.C. §§ 1915(e)(2) and 1915A(a). The court must dismiss a complaint or claim that is frivolous, malicious, fails to state a claim for relief, or seeks damages from defendants who are ...


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