Malori v. Blinder et al
| Roberta Malori |
| Dr. Martin Blinder and Dr. Suzanne Hunting |
| Shelley Harrington and Laurie Nadamoto |
| 1:2021cv00484 |
| December 9, 2021 |
| US District Court for the District of Hawaii |
| SUSAN OKI MOLLWAY |
| ROM TRADER |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 |
| None |
Docket Report
RSS Track this Docket
This docket was last retrieved on February 3, 2022. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 7 EO: Before the Court is Plaintiff's "Motion for Reconsideration of Dismissal" [ECF No. 6]. On or around December 3, 2021, Plaintiff commenced this action by filing a Complaint without submitting either a filing fee or an application to proceed in forma pauperis [ECF No. 1]. The Court issued a Deficiency Order directing Plaintiff to pay the filing fee or submit an in forma pauperis application by January 6, 2022 [ECF No. 2]. Plaintiff failed to pay the filing fee or submit the required form by the January 6, 2022 deadline, and the Court dismissed this action without prejudice on January 20, 2022 [ECF No. 3]. Nothing in Plaintiff's Motion undermines the Court's resolution of this matter. Plaintiff's Motion is therefore DENIED. If Plaintiff decides to pursue her claims, she must file a new pleading on the approved court form along with the filing fee or an in forma pauperis application. The Clerk is DIRECTED to send Plaintiff a blank prisoner civil rights complaint form and an application to proceed in forma pauperis by a prisoner. Any other pending requests or motions are DENIED. IT IS SO ORDERED. (JUDGE SUSAN OKI MOLLWAY)(tl)COURTS CERTIFICATE OF SERVICE - Non-Registered CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the (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) |
| Filing 6 MOTION for Reconsideration of Dismissal entered January 20, 2022; REQUEST Time to Pay the Filing Fees or Costs re: 3 , #4 - by Plaintiff Roberta Malori (Attachments: #1 Cover Sheet, #2 Mailing Envelope) (jo) |
| Filing 5 REQUESTING an Extension Upon My Release to Proceeding With All Above Cases - by Plaintiff Roberta Malori (Attachments: #1 Cover Sheet, #2 Mailing Envelope) (jo) |
| Filing 4 CLERK'S JUDGMENT entered 1/20/2022 pursuant to ECF No. 3 (jo)COURT'S CERTIFICATE OF SERVICE - Roberta Malori will be served by First Class Mail on January 21, 2022 to the addresses of record listed on the Notice of Electronic Filing (NEF). |
| Filing 3 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. Applied Underwriters, Inc. v. Lichtenegger, 913 F.3d 884, 890 (9th Cir. 2019). On December 10, 2021, the court mailed to Plaintiff at her address of record a Deficiency Order [ECF No. 2]. Plaintiff had until January 6, 2022, to pay the filing fee or to file an Application to Proceed in District Court Without Prepaying Fees or Costs ("Form AO 240"). The court warned Plaintiff that any failure to pay the filing fee or to submit a complete Form AO 240 would result in dismissal of this suit [ECF No. 2]. Although the January 6, 2021 deadline has passed, Plaintiff has not paid the filing fee or submitted the required form. In view of Plaintiff's failure to pay the filing fee or submit a Form AO 240, 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 court's 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.This action is DISMISSED without prejudice. The Clerk is DIRECTED to terminate this case. IT IS SO ORDERED. (JUDGE SUSAN OKI MOLLWAY)(tl)COURTS CERTIFICATE OF SERVICE - Non-Registered CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the (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) |
Filing 2
DEFICIENCY ORDER - Signed by CHIEF JUDGE J. MICHAEL SEABRIGHT on 12/9/2021. (eta)COURT'S CERTIFICATE OF SERVICE - Roberta Malori served by First Class Mail to the address of record listed on the Notice of Electronic Filing (NEF) on December 10, 2021. A blank Application to Proceed in Forma Pauperis by a Prisoner form, instructions and a file-stamped copy of the Complaint shall be included in the mailing to Plaintiff.
|
| Filing 1 COMPLAINT for Libel and Slander - Misdiagnosies [sic], Fraudulente [sic] Entry of Records, Fraudulente [sic] or Mistakely [sic] or Incompetence - Breach of Ethical against All Defendants - filed by Roberta Malori. (Attachments: #1 Mailing Documentation)(eta) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Hawaii District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
