United States District Court, D. Hawaii
ORDER DISMISSING FIRST AMENDED COMPLAINT AND
A. OTAKE JUDGE
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. See FAC, ECF. No. 8.
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
filed the original Complaint in this action on June 14, 2018.
ECF No. 1.
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.
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
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.
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.
5, 2018, Jones filed a motion for appointment of counsel. ECF
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.
September 5, 2018, this action was reassigned to the
undersigned. ECF No. 10. Jones has not responded to the Order
to Show Cause.
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 ...