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Jaentsch v. Taguchi

United States District Court, D. Hawaii

January 29, 2019

KEONI JAENTSCH, #A1019833, Plaintiff,
v.
RAQUEL TAGUCHI, YUMI SUZUKI, Defendants,

          ORDER FOR CLARIFICATION

          Susan Oki Mollway Judge

         Before the court is pro se Plaintiff Keoni Jaentsch's pleading, which was received from the District Court of the First Circuit, State of Hawaii on January 23, 2019. Because Jaentsch's pleading is on a Hawaii District Court “Complaint (Personal Injury/Property Damage)” form, but included a federal Civil Cover Sheet (JS 44) with his Complaint, it remains unclear in which court Jaentsch intended to open a new case.

         Jaentsch is ORDERED to clarify his intent in writing on or before February 19, 2019, in light of the discussion below.

         I. BACKGROUND[1]

         A. Jaentsch v. Puha, et al., No. 1:18-cv-00073 HG-KSC

         On February 26, 2018, Jaentsch filed Jaentsch v. Puha, No. 1:18 cv 00073 HG KSC (D. Haw. 2018) in this court, while he was incarcerated by the State of Hawaii at the Oahu Community Correctional Center (OCCC).

         On March 9, 2018, Jaentsch was released from state custody. See State v. Jaentsh, Cr. No. 16 1 0066 (Haw. 1st Cir.); http://www.courts.state.hi.us/ (1FC1610000066).

         On March 23, 2018, this federal district court dismissed the Complaint in part, with leave granted to amend. OCCC, the state prison facility, thereafter returned the March 23, 2018 Order as undeliverable due to Jaentsch's release.

         On April 30, 2018, Jaentsch filed a notice of change of address indicating that he had been released, and the Clerk resent the March 23, 2018 Order to Jaentsch's new address of record.

         On May 17, 2018, Jaentsch filed an Amended Complaint and another notice of change of address, indicating that he was still out of custody.

         On June 1, 2018, this court dismissed the Amended Complaint in part and directed the Clerk to send Jaentsch service documents so that he could effect service on Defendants Taguchi and Suzuki. The Clerk issued the summonses and sent them with waivers of service of summons documents to Jaentsch's address of record on June 7, 2018.

         On September 21, 2018, after more than ninety days had passed, this court issued an Order directing Jaentsch to show proof of service on or before October 10, 2018, or risk dismissal of the case.

         On October 15, 2018, after Jaentsch failed to respond or provide proof of service, this court dismissed the action.

         On December 6, 2018, Jaentsch filed a notice of change of address indicating that he was in State of Hawaii custody at the Halawa Correctional Facility (HCF). On December 26, 2018, he acknowledged that he had failed to provide proof of ...


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