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Conner et al v. Aila et al (1:19-cv-00233-JMS-KJM)

U.S. District Court for the District of Hawaii

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Conner et al v. Aila et al (1:19-cv-00233-JMS-KJM)

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  • ORDER GRANTING DEFENDANTS' MOTION TO DISMISS, ECF NO. (Document 32) - Signed by CHIEF JUDGE J. MICHAEL SEABRIGHT on 7/22/2020.

         For the reasons set forth above, the court GRANTS the State Defendants' Motion to Dismiss, ECF No. (Document 32) , and also DISMISSES the United States as a Defendant. Ordinarily, "a pro se litigant is entitled to notice of the complaint's deficiencies and an opportunity to amend prior to dismissal," Lucas v. Dep 't of Corr., 66 F.3d 245, 248 (9th Cir. 1995), but that opportunity does not apply if "it is absolutely clear that no amendment can cure the defect," id. Given that the findings of the State Court were so specific, it i s apparent that any amendment would be futile. That is, given the findings of the State Court in the ejectment action, Plaintiffs could not obtain relief challenging those findings in this court. There being no basis for this court to enjoin the ejec tment proceedings, the dismissal is with prejudice. The Clerk of Court is instructed to close the case.
    (jo)
    COURT'S CERTIFICATE OF SERVICE - Non-Registered CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)

  • ORDER DENYING VERIFIED MOTION FOR PRELIMINARY INJUNCTION, ECF NO. (Document 11) - Signed by CHIEF JUDGE J. MICHAEL SEABRIGHT on 8/27/2019.

    (jo)


    COURT'S CERTIFICATE of Service - Non-Registered CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)

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Conner et al v. Aila et al (1:19-cv-00233-JMS-KJM)

U.S. District Court for the District of Hawaii

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