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Creamer v. County of Kauai

United States District Court, D. Hawaii

November 5, 2018

DANNY LEE CREAMER, Plaintiff,
v.
COUNTY OF KAUAI, Defendant.

          ORDER GRANTING DEFENDANT COUNTY OF KAUAI'S MOTION TO DISMISS PLAINTIFF'S SECOND AMENDED COMPLAINT (ECF NO. 52)

          HELEN GILLMOR UNITED STATES DISTRICT JUDGE.

         Pro se Plaintiff Danny Lee Creamer, a former police officer with the Kauai Police Department, filed a Second Amended Complaint following the Court's dismissal of both Plaintiff's original Complaint and his First Amended Complaint.

         The Second Amended Complaint again alleges that Plaintiff was discriminated against on the basis of his race, color, age, and disability. The allegations in the Second Amended Complaint are insufficient to state a claim upon which relief may be granted.

         Defendant County of Kauai's Motion to Dismiss Plaintiff's Second Amended Complaint (ECF No. 52) is GRANTED.

         PROCEDURAL HISTORY

         On December 6, 2016, Plaintiff Danny Lee Creamer filed a COMPLAINT FOR EMPLOYMENT DISCRIMINATION. (ECF No. 1).

         On June 1, 2017, Defendants filed a Motion to Dismiss Plaintiff's Complaint. (ECF No. 13).

         On November 30, 2017, the Court issue an Order dismissing Plaintiff's Complaint with leave to amend. (ECF No. 25).

         On February 2, 2018, Plaintiff filed an Amended Complaint which also included in its title: “MEMORANDUM IN SUPPORT OF PLAINTIFF'S MOTION FOR LEAVE TO FILE AMEMDED COMPLAINT FOR (ECF NO. 13)” and “MOTION FOR LEAVE TO AMEND COMPLAINT”. (ECF No. 31). The Court construed Plaintiff's filing as a First Amended Complaint.

         On February 20, 2018, Defendants filed a Motion to Dismiss Plaintiff's First Amended Complaint. (ECF No. 37).

         On March 8, 2018, Plaintiff filed a pleading bearing the captions “PLAINTIFF'S PLEAD FOR AN EXTENSION TO FILE OPPOSITION TO THE MOTION TO DISMISS (ECF NO. 13)” and “MOTION FOR AN EXTENSION TO COMPLETE OPPOSITION TO THE MOTION TO DISMISS BY DEFENDANTS.” (ECF No. 39). The Court construed Plaintiff's filing as a request for an extension of time to file his Opposition.

         On March 16, 2018, the Court granted Plaintiff's first request for an extension of time to file his opposition. (ECF No. 40).

         On April 9, 2018, Plaintiff again filed a pleading bearing the captions “PLAINTIFF'S PLEAD FOR AN EXTENSION TO FILE OPPOSITION TO THE MOTION TO DISMISS (ECF NO. 13)” and “MOTION FOR AN EXTENSION TO COMPLETE OPPOSITION TO THE MOTION TO DISMISS BY DEFENDANTS.” (ECF No. 41). Once more, the Court construed Plaintiff's filing as a request for an extension of time to file his Opposition.

         On April 13, 2018, the Court granted Plaintiff's second request for an extension of time to file his opposition. (ECF No. 42).

         On June 1, 2018, Plaintiff filed his Opposition. (ECF No. 43).

         On June 13, 2018, Defendants filed a Reply. (ECF No. 44).

         On July 18, 2018, the Court issued an ORDER GRANTING DEFENDANTS' MOTION TO DISMISS PLAINTIFF'S FIRST AMENDED COMPLAINT WITH LEAVE TO AMEND. (ECF No. 48). The Court dismissed all claims and permitted Plaintiff leave to amend as to his claims against only Defendant County of Kauai. (Id.)

         On September 4, 2018, Plaintiff filed a document entitled, “COMPLAINT FILED ON DECEMBER 6, 2016 REVISED SEPTEMBER 4, 2018.” (ECF No. 51). The Court construes the ...


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