Ballering v. Baylson et al
| Scott Lynn Ballering |
| Judge Michael M. Baylson, Costco Corporation and All Employees |
| 1:2020cv00583 |
| December 30, 2020 |
| US District Court for the District of Hawaii |
| ROM TRADER |
| DERRICK K WATSON |
| Civil Rights: Accommodations |
| 28 U.S.C. ยง 1331 |
| None |
Docket Report
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| Filing 5 CLERK'S JUDGMENT entered on 2/10/2021 pursuant to ECF Nos. #3 DEFICIENCY ORDER, 4 Minute Order. (emt, )COURT'S CERTIFICATE of Service - Scott Lynn Ballering served by First Class Mail to the address of record listed on the Notice of Electronic Filing (NEF) on February 10, 2021. |
| Filing 4 EO: On December 30, 2020, Scott Lynn Ballering filed a complaint. Dkt. No. 1. At that time, he did not pay the required $402 filing fee or seek relief from paying that fee by applying for in forma pauperis of "IFP" status. See Dkt. Nos. 1, 3. Consequently, Chief Judge Seabright issued a Deficiency Order on December 30, 2020, granting Ballering twenty eight days to either (1) pay the $402 filing fee; or (2) submit a completed and executed IFP application. Dkt. No. 3 at 2. Judge Seabright warned Ballering that "[f]ailure to timely file an [IFP] application or the statutory filing fee within twenty eight days of the date of this Order will result in AUTOMATIC DISMISSAL of this action." Id. at 2-3 (emphasis in original). Nearly forty days have passed since and Ballering has submitted neither the filing fee nor an IFP application. Accordingly Ballering's complaint is DISMISSED for failure to comply with a court order and failure to pay the filing fee pursuant to 28 U.S.C. 1914. See Fed. R. Civ. P. 41(b) (a court may dismiss an action for failure to comply with a court order); see also Olivares v. Marshall, 59 F.3d 109, 112 (9th Cir. 1995) (explaining that failure to pay a filing fee constitutes an independent ground for dismissal). (JUDGE DERRICK K. WATSON)(tyk)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) |
| COURT'S CERTIFICATE of Service - a copy of Docket No. 4 has been served by First Class Mail to Scott Lynn Ballering at the address of record on February 9, 2021. Registered Participants of CM/ECF received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). (tyk) |
Filing 3
DEFICIENCY ORDER - Signed by CHIEF JUDGE J. MICHAEL SEABRIGHT on 12/30/2020. (emt, )COURT'S CERTIFICATE of Service - Scott Lynn Ballering to be served on December 31, 2020. A blank IFP application shall be provided to Mr. Ballering.
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Filing 2
Order Setting Telephonic Rule 16 Scheduling Conference is set for 09:00AM on 3/1/2021 before MAGISTRATE JUDGE ROM TRADER - Signed by CHIEF JUDGE J. MICHAEL SEABRIGHT on 12/30/2020. (Attachments: #1 Memo from Clerk Re: Corporate Disclosures)(emt, )COURT'S CERTIFICATE of Service - Scott Lynn Ballering to be served on December 31, 2020.
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| Filing 1 COMPLAINT for a Civil Case against All Defendants - filed by Scott Lynn Ballering. (emt, ) |
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