Aana Kepa V Satterwhite
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF HAWAI‘I
ADAM AANA-KEPA, Case No. 25-cv-00260-DKW-WRP
Plaintiff, ORDER (1) GRANTING
APPLICATION TO PROCEED IN
v. DISTRICT COURT WITHOUT
PREPAYING FEES OR COSTS,
MARIAH SATTERWHITE, et al., AND (2) DIRECTING SERVICE OF
THE COMPLAINT1
Defendants.
On June 24, 2025, Plaintiff Adam Aana-Kepa, proceeding without counsel,
filed a Complaint against various known and unknown parties, alleging
constitutional violations and negligence stemming from the “remov[al]” of six
minor children from their “legal guardian”, who Plaintiff identifies as his mother—
a person not named as a plaintiff in this action. Dkt. No. 1. At the same time,
Plaintiff also applied for leave to proceed without prepayment of fees and costs–an
application the Court denied without prejudice because Plaintiff failed to provide
sufficient information to assess whether he was entitled to a waiver of fees and
costs. Dkt. No. 6. Plaintiff has now renewed his bid for leave to proceed without
prepayment of fees and costs (“IFP Application”). Dkt. No. 9.
1The Court finds these matters suitable for disposition without a hearing pursuant to Local Rule
7.1(c).
I. IFP Application
Federal courts can authorize the commencement of any suit without
prepayment of fees or security by a person who submits an affidavit that
demonstrates an inability to pay. See 28 U.S.C. § 1915(a)(1). While
Section 1915(a) does not require a litigant to demonstrate absolute destitution,
Adkins v. E.I. Du Pont de Nemours & Co., 335 U.S. 331, 339 (1948), the applicant
must nonetheless show that he is “unable to pay such fees or give security
therefor,” 28 U.S.C. § 1915(a).
Here, Plaintiff has made the required showing under Section 1915(a). In
the IFP Application, although Plaintiff states that he has no regular monthly
expenses or debts, he also states that he receives not a cent of income from any
source, is homeless, has $50 in a bank account, and owns no things of value.
Based upon these representations, which the Court assumes the accuracy of for
present purposes, Plaintiff has insufficient income and/or assets to pay the $405
filing fee. See Escobedo v. Applebees, 787 F.3d 1226, 1234 (9th Cir. 2015).
Plaintiff also has no assets to provide security for said fee. As a result, the Court
GRANTS the IFP Application, Dkt. No. 9.
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II. Service2
To facilitate service, the Court ORDERS as follows:
1. For each of the seven (7) named Defendants,3 the Clerk’s Office is
directed to send to Plaintiff: one copy of the Complaint, Dkt. No. 1;
one summons; one USM-285 form; one Notice of Lawsuit and
Request for Waiver of Service of Summons form (AO 398); two (2)
Waiver of Service of Summons forms (AO 399); an instruction sheet;
and a copy of this Order. The Clerk shall also send a copy of this
Order to the U.S. Marshal.
2. Should Plaintiff choose to use the U.S. Marshal to serve the summons
and Complaint, he shall complete the forms as directed and, for each
of the Defendants, submit the following documents to the U.S.
Marshal in Honolulu, Hawai‘i: a completed USM-285 form; a copy of
the Complaint; the summons; a completed Notice of Lawsuit and
2The Court subjects each civil action commenced pursuant to 28 U.S.C. § 1915(a) to mandatory
screening and can order the dismissal of any claims it finds “frivolous, malicious, failing to state
a claim upon which relief may be granted, or seeking monetary relief from a defendant immune
from such relief.” 28 U.S.C. § 1915(e)(2)(B). At this initial stage of the proceedings, without
any responsive pleading from Defendants, and while acknowledging that there may be numerous
defenses, affirmative or otherwise, to the claims alleged in the Complaint, the Court finds service
of the same to be appropriate.
3Those seven Defendants are: Mariah Satterwhite, Wendy Robinson, Julia Larson, Charles H.
McCreary IV, Maile Fernandez, Cassie Fernandez, and the State of Hawai‘i Department of
Human Services (collectively, “Defendants”). Dkt. No. 1 at 4-5.
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Request for Waiver of Service of Summons form (AO 398); and two
(2) completed Waiver of Service of Summons forms (AO 399).
3. Upon receipt of these documents from Plaintiff, the U.S. Marshal
shall mail to each Defendant: a copy of the Complaint; a completed
Notice of Lawsuit and Request for Waiver of Service form (AO 398);
and two (2) completed Waiver of Service of Summons forms (AO
399), as directed by Plaintiff without payment of costs. See
Fed.R.Civ.P. 4(c)(3).
4. The U.S. Marshal shall retain the summons and a copy of the
Complaint. For each Defendant, the U.S. Marshal shall also file a
returned Waiver of Service of Summons form as well as any Waiver
of Service of Summons form that is returned as undeliverable, as soon
as it is received.
5. If a Defendant does not return a Waiver of Service of Summons form
within sixty days from the date that such forms are mailed, the U.S.
Marshal shall:
a. Personally serve such Defendant pursuant to Rule 4 of the
Federal Rules of Civil Procedure and 28 U.S.C. § 566(c).
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b. Within ten days after personal service is effected, file the return
of service for such Defendant, along with evidence of any
attempts to secure a waiver of service of summons and of the
costs subsequently incurred in effecting service. Said costs
shall be enumerated on the USM-285 form and shall include the
costs incurred by the U.S. Marshal’s office in photocopying
additional copies of the summons and the Complaint and for
preparing new USM-285 forms, if required. Costs of service
will be taxed against the personally served Defendant in
accordance with the provisions of Federal Rule of Civil
Procedure 4(d)(2).
6. If Plaintiff does not wish to use the U.S. Marshal for service, he may
serve each of the Defendants on his own, in compliance with
Fed.R.Civ.P. 4.
7. Plaintiff is cautioned that if he fails to comply with this Order and his
non-compliance prevents timely and proper service as set forth in
Federal Rule of Civil Procedure 4(m), this action is subject to
dismissal for failure to serve.
8. After service of the summons and Complaint, whether accomplished
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on his own or with the services of the U.S. Marshal, Plaintiff must
serve on each of the Defendants or their attorney(s) a copy of all
further documents he submits to the Court. The U.S. Marshal is not
responsible for serving these documents on Plaintiff's behalf. In
addition, Plaintiff shall include, with any original paper filed with the
Clerk of Court, a certificate stating the date that a copy of the
document was served on the Defendants or their counsel, and the
manner in which service was accomplished. Any paper received by a
District or Magistrate Judge that has not been filed with the Clerk of
Court or that does not include a certificate of service will be
disregarded.
9. Plaintiff is further notified that he must comply with the Federal Rules
of Civil Procedure and the Local Rules for the District of Hawai‘i in
pursuing this action.
IT IS SO ORDERED.
Dated: July 23, 2025 at Honolulu, Hawai‘i.
Sc
oD Derrick K. Watson
Chief United States District Judge