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3
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3
minutes
Link 3 - Set Ripe Deadline
Wed 04/23 10:42 AM
EO: On April 21, 2025, the Court received from Plaintiff Anthony Trevon Kornegay both a Prisoner Civil Rights Complaint, ECF No. 1, and an Application to Proceed In Forma Pauperis by a Prisoner, ECF No. 2. In the complaint, Plaintiff asserts various claims based on events that occurred at Oahu Community Correctional Center on June 23, 2022, or immediately thereafter. See ECF No. 2, at PageID.5. It appears that all of Plaintiff's claims are barred by the relevant two-year statute of limitations. See Bird v. Dept of Hum. Servs. , 935 F.3d 738, 743 (9th Cir. 2019) ("In Hawai'i, the statute of limitations for personal injury actions is two years."). Once the statute of limitations has run, a plaintiff can no longer pursue a claim. Diaz v. Nationstar Mortg. LLC , No. 23-CV-01531, 2023 WL 8896271, at *3 (C.D. Cal. Nov. 30, 2023). In light of this apparent barrier to relief, Plaintiff is ORDERED to notify the Court in writing on or before May 14, 2025, whether he would like to (1) voluntary dismiss this action pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, or (2) proceed with this action. Plaintiff is cautioned that if he chooses to proceed with this action and his in forma pauperis application is granted, he will be obligated to pay the full $350 filing fee through monthly payments as set forth in 28 U.S.C. § 1915(b), even if his case is later dismissed. See 28 U.S.C. § 1915(b)(1). In addition, a dismissal of this action could count as a "strike" under 28 U.S.C. § 1915(g), which might affect Plaintiff's future ability to bring a suit in forma pauperis. And as noted, it appears that all of Plaintiff's claims are subject to dismissal on statute of limitations grounds. Alternatively, if Plaintiff chooses to voluntarily dismiss this action, that dismissal will not count as a "strike," and Plaintiff will not be obligated to pay anything. This case will proceed no further until the Court receives a written response from Plaintiff. If Plaintiff fails to submit a response by the May 14, 2025, deadline, the Court will automatically dismiss this action without further notice. See Fed. R. Civ. P. 41(b). IT IS SO ORDERED. (JUDGE MICAH W.J. SMITH)
(rls) COURTS 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). Pro Se (Non-Prisoner) Litigants that have consented to receive documents and Notices of Electronic Filings by email, have been served electronically at the e-mail address listed on the (NEF)
Related: [-]
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motion
Proceed In Forma Pauperis
Mon 04/21 3:21 PM