Wilborn v. OCCC
Plaintiff: Roberta Wilborn
Defendant: OCCC
Interested Party: Laurie Nadamoto and Shelley Harrington
Case Number: 1:2022cv00038
Filed: January 24, 2022
Court: US District Court for the District of Hawaii
Presiding Judge: SUSAN OKI MOLLWAY
Referring Judge: ROM TRADER
Nature of Suit: Habeas Corpus (General)
Cause of Action: 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State)
Jury Demanded By: None
Docket Report

This docket was last retrieved on March 8, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 8, 2022 Filing 7 Prisoner Mail Returned as Undeliverable (inmate discharged) sent to Roberta Wilborn at Oahu Community Correctional Center re: ECF No. 4 (jo)
March 8, 2022 Filing 6 Prisoner Mail Returned as Undeliverable (inmate discharged) sent to Roberta Wilborn at Oahu Community Correctional Center re: ECF No. #5 (jo)
March 4, 2022 COURT'S CERTIFICATE OF SERVICE - a copy of ECF Nos. 4 Entering Order and #5 Clerk's Judgment will be resent by First Class Mail to Roberta Malori at 350 Ward Avenue # 106, Honolulu, HI 96816 on March 4, 2022. A Notice of Change of Address was filed in CV 21-00420 LEK-KJM and CV 22-00050 JMS-KJM on March 2, 2022. (jo)
February 28, 2022 Filing 5 CLERK'S JUDGMENT entered 2/28/2022 pursuant to ECF 4 Entering Order (jo)COURT'S CERTIFICATE OF SERVICE - Roberta Wilborn will be served by First Class Mail on February 28, 2022 to the address of record listed on the Notice of Electronic Filing (NEF).
February 28, 2022 Filing 4 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 January 25, 2022, the Court mailed to Petitioner a Deficiency Order [ECF No. 2]. Petitioner had until February 22, 2022, to pay the filing fee or to file an application to proceed in forma pauperis ("IFP application"). The Court warned Petitioner that any failure to pay the filing fee or to submit a complete IFP application would result in dismissal of this action [ECF No. 2 at 1]. Although the February 22, 2022 deadline has passed, Petitioner has not paid the filing fee or submitted the required application form. In view of Petitioner's failure to pay the filing fee or submit an IFP application, 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, allowing this action to sit idle would prejudice Respondent. See In re Phenylpropanolamine (PPA) Prods. Liab. Litig., 460 F.3d 1217, 1227 (9th Cir. 2006) ("The law... presumes prejudice from unreasonable delay."). 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.In her "Requesting an Extension Upon My Release" [ECF No. 3], Petitioner states that it is "impossible for [her] to respect any due date and to be able to fulfill all requirements," and she asks to "[reschedule] everything[]" until she is released from custody. That request is DENIED. Should Petitioner wish to pursue any of the claims asserted in this action, she must do so by initiating a new civil action, which, among other things, would require either paying the filing fee or submitting an IFP application.This action is DISMISSED without prejudice. The Clerk is DIRECTED to enter judgment and close the file. 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 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)
February 2, 2022 Filing 3 REQUESTING an Extension Upon My Release to Proceeding With All Above Cases - by Plaintiff Roberta Malori (Attachments: #1 Cover Sheet, #2 Mailing Envelope) (jo)
January 24, 2022 Opinion or Order Filing 2 DEFICIENCY ORDER - Signed by CHIEF JUDGE J. MICHAEL SEABRIGHT on 1/24/2022. (jo)COURT'S CERTIFICATE OF SERVICE - Roberta Wilborn will be served by First Class Mail on January 25, 2022 to the address of record listed on the Notice of Electronic Filing (NEF). A copy of ECF No. #1 and a blank prisoner IFP form is included in this mailing.
January 24, 2022 Filing 1 PETITION Under 28 U.S.C. 2254 For Writ of Habeas Corpus by a Person in State Custody - filed by Roberta Wilborn (signed as "Roberta Malori") (Attachments: #1 Mailing Envelope) (jo)

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Plaintiff: Roberta Wilborn
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Defendant: OCCC
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Interested party: Laurie Nadamoto
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Interested party: Shelley Harrington
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