Saenz v. Department of Public Safety et al
| Francisco Miguel Saenz |
| Department of Public Safety and Debra Taylor |
| 1:2021cv00223 |
| May 10, 2021 |
| US District Court for the District of Hawaii |
| ROM TRADER |
| DERRICK K WATSON |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 |
| None |
Docket Report
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| Filing 7 CLERK'S JUDGMENT entered on 6/25/2021 pursuant to ECF Nos. #5 ORDER DISMISSING COMPLAINT WITH PARTIAL LEAVE TO AMEND, 6 Minute Order. (emt, )COURT'S CERTIFICATE of Service - Francisco Miguel Saenz served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) on June 25, 2021. |
| Filing 6 EO: A district court may dismiss sua sponte an action for failure to comply with court rules or orders or to prosecute the action. See Fed. R. Civ. P. 41(b); Link v. Wabash R.R. Co., 370 U.S. 626, 63031 (1962); Hells Canyon Pres. Council v. U.S. Forest Serv., 403 F.3d 683, 689 (9th Cir. 2005). In determining whether dismissal is appropriate, district courts consider the following five factors: (1) the public's interest in expeditious resolution of litigation; (2) the court's need to manage its docket; (3) the risk of prejudice to the defendants; (4) the public policy favoring disposition of cases on their merits; and (5) the availability of less drastic sanctions. In re Phenylpropanolamine (PPA) Prod. Litig., 460 F.3d 1217, 1226 (9th Cir. 2006). On May 14, 2021, the court issued an Order Dismissing Complaint with Partial Leave to Amend [ECF No. 5]. The Order instructed Plaintiff that he had until June 11, 2021, to file an amended pleading that cured the deficiencies in his claims. Because Plaintiff has not filed an amended complaint, the Court concludes that he is unable to do so. See Knapp v. Hogan, 738 F.3d 1106, 1110 (9th Cir. 2013). In view of Plaintiff's failure to file an amended pleading, the court finds that the relevant factors support dismissal of this action. The public's interest in expeditious resolution of this litigation strongly favors dismissal, as does the Courts need to manage its docket. See Pagtalunan v. Galaza, 291 F.3d 639, 642 (9th Cir. 2002). Moreover, there is no risk of prejudice to Defendants. Finally, there are currently no less drastic alternatives available. The court recognizes that the public policy favoring disposition of cases on their merits weighs against dismissal. Nevertheless, considering the totality of the circumstances and because the other factors favor dismissal, this factor is outweighed. The Clerk is DIRECTED to ENTER JUDGMENT in favor of Defendant and against Plaintiff, dismissing this action with prejudice. IT IS SO ORDERED. (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) |
Filing 5
ORDER DISMISSING COMPLAINT WITH PARTIAL LEAVE TO AMEND re #1 - Signed by JUDGE DERRICK K. WATSON on 5/14/2021. (1) The Complaint is DISMISSED pursuant to 28 U.S.C. 1915(e)(2)(B). (2) Saenz's claims against the DPS and Warden Taylor in her official capacity are DISMISSED with prejudice. (3) If Saenz decides to pursue this action, he must file an amended pleading that cures the deficiencies in his claims on or before June 11, 2021. (emt, )COURT'S CERTIFICATE of Service - Francisco Miguel Saenz served by First Class Mail to the address of record listed on the Notice of Electronic Filing (NEF) on May 14, 2021.
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Filing 4
ORDER GRANTING APPLICATION TO PROCEED IN DISTRICT COURT WITHOUT PREPAYING FEES OR COSTS re #2 - Signed by JUDGE DERRICK K. WATSON on 5/13/2021. If, after screening the Complaint, ECF No. 1, pursuant to 28 U.S.C. 1915(e), the court determines that it is suitable for service, the Clerk will send Saenz service documents to complete and return to the U.S. Marshals Service, so that service can be perfected. All costs of service shall be advanced by the United States. (emt, )COURT'S CERTIFICATE of Service - Francisco Miguel Saenz served by First Class Mail to the address of record listed on the Notice of Electronic Filing (NEF) on May 13, 2021.
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Filing 3
Order Setting Telephonic Rule 16 Scheduling Conference is set for 09:00AM on 7/12/2021 before MAGISTRATE JUDGE ROM TRADER - Signed by CHIEF JUDGE J. MICHAEL SEABRIGHT on 5/10/2021. (Attachments: #1 Memo from Clerk Re: Corporate Disclosures)(emt, )COURT'S CERTIFICATE of Service - Francisco Miguel Saenz served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) on May 11, 2021.
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| Filing 2 APPLICATION to Proceed in District Court Without Prepaying Fees or Costs - by Plaintiff Francisco Miguel Saenz. (emt, ) |
| Filing 1 COMPLAINT For Violation of Civil Rights (Prisoner Complaint) against All Defendants - filed by Francisco Miguel Saenz. (Attachments: #1 Mailing Documentation)(emt, ) |
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