Marler v. Derr
Petitioner: Thomas E. Marler
Respondent: Estela Derr
Case Number: 1:2022cv00129
Filed: March 28, 2022
Court: US District Court for the District of Hawaii
Presiding Judge: WES REBER PORTER
Referring Judge: DERRICK K WATSON
Nature of Suit: Habeas Corpus (General)
Cause of Action: 28 U.S.C. § 2241 Petition for Writ of Habeas Corpus (federal)
Jury Demanded By: None
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Docket Report

This docket was last retrieved on April 27, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 27, 2022 COURT'S CERTIFICATE of Service - a copy of #17 USCA Order, has been served by First Class Mail to Thomas E. Marler at the address of record on April 27, 2022. (eta)
April 26, 2022 Opinion or Order Filing 17 ORDER of USCA as to #12 Notice of Appeal, filed by Thomas E. Marler, USCA NO. 22-15595: Within 21 days after the date of this order, appellant shall pay to the district court the $505.00 filing and docketing fees for this appeal and file in this court proof of such payment or file in this court a motion to proceed in forma pauperis. (Attachments: #1 Instructions and Form 4)(eta)
April 25, 2022 Filing 16 Attorney/Pro Se Appeal Packet re #12 Notice of Appeal filed by Thomas E. Marler, USCA No. 22-15595. (Attachments: #1 Notice of Appeal, #2 Instructions for Civil Appeals, #3 Docket Sheet)(eta)
April 25, 2022 Filing 15 USCA TIME SCHEDULE ORDER as to #12 Notice of Appeal filed by Thomas E. Marler, USCA No. 22-15595. (eta)
April 25, 2022 Filing 14 USCA Case Number 22-15595 for #12 Notice of Appeal filed by Thomas E. Marler. (eta)
April 25, 2022 Filing 13 EO: On April 22, 2022, Defendant Marler filed a "Notification of Intent to Appeal" (Dkt. No. 12) this Court's April 12, 2022 order dismissing his habeas petition. Defendant "asks the Court Clerk to notify the Appellate Court of his intention to appeal and initiate the appeal process." It is the responsibility of Defendant, not this Court, to initiate and prosecute any appeal he may wish to file. Accordingly, the Court will take no further action on Dkt. No. 12. 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). 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)
April 25, 2022 COURT'S CERTIFICATE of Service - a copy of the Court's Minute Order, Dkt. No. 13, has been served by First Class Mail to Thomas E. Marler at the address of record on April 25, 2022. Registered Participants of CM/ECF received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). (tyk)
April 25, 2022 COURT'S CERTIFICATE of Service - a copy of #14 USCA Case Number, #15 USCA Scheduling Order and #16 Attorney/Pro Se Appeal Packet has been served by First Class Mail to Thomas E. Marler at the address of record on April 25, 2022. (eta)
April 22, 2022 Filing 12 [NOTICE OF APPEAL] Petitioner's Notification of Intent to Appeal re: #8 , #9 - by Thomas E. Marler (Filing fee $ Due) (Attachments: #1 Mailing Envelope)(jni) Modified on 4/25/2022 USCA No. 22-15595 (eta).
April 22, 2022 COURT'S CERTIFICATE of Service - a copy of #12 Notice of Appeal shall be served by First Class Mail to Thomas E. Marler at the address of record on 4/25/2022. (jni)
April 13, 2022 Filing 11 EO: On April 13, 2022, the Court received Plaintiff's "Motion to Provide Facts Concerning Lack of Payment" [ECF No. 10]. The Court, however, received the filing fee associated with this action on April 7, 2022 [ECF No. 6]. The Court dismissed the Petition on April 12, 2022 for reasons that do not include non-payment [ECF No. 8]. Plaintiff's Motion [ECF No. 10] is therefore DENIED as moot. 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). 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)
April 13, 2022 Filing 10 MOTION To Provide Facts Concerning Lack of Payment by Petitioner Thomas E. Marler. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Certificate of Service, #5 Mailing Envelope)(apg)
April 12, 2022 Filing 9 CLERK'S JUDGMENT entered on 4/12/2022 pursuant to ECF No. #8 DISMISSAL ORDER. (eta)
April 12, 2022 Opinion or Order Filing 8 DISMISSAL ORDER re #1 - Signed by JUDGE DERRICK K. WATSON on 4/12/2022. (1) The Petition under 28 U.S.C. 2241 for a Writ of Habeas Corpus is DISMISSED without leave to amend. (2) Any other pending filings are DENIED as moot. (3) The Clerk is DIRECTED to enter judgment and close the file. (eta)
April 12, 2022 COURT'S CERTIFICATE of Service - a copy of #8 DISMISSAL ORDER and #9 Clerk's Judgment shall be served by First Class Mail to Thomas E. Marler at the address of record on April 13, 2022. Registered Participants of CM/ECF received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). (eta)
April 11, 2022 Filing 7 Motion in Support of #1 Petitioner's Petition Under 28 U.S.C. 2241 for Writ of Habeas Corpus - filed by Thomas E. Marler. (Attachments: #1 Mailing Documentation)(eta)
April 7, 2022 Filing 6 Filing fee: $ 5, receipt number HI032483 re #1 Petition for Writ of Habeas Corpus (eta)
April 6, 2022 Filing 5 EO: Before the Court is Petitioner's "Supplemental Motion for Update of Urgency" [ECF No. 4]. On March 28, 2022, the Court issued a Habeas Deficiency Order directing Petitioner to pay the filing fee associated with this action or to submit an application to proceed in forma pauperis [ECF No. 3]. To date, Petitioner has done neither. The Motion [ECF No. 4] is therefore DENIED without prejudice. See Williams v. Judge, No. C11-5571 BHS/KLS, 2011 WL 5439082, at *2 (W.D. Wash. Sept. 21, 2011) ("The filings... were denied without prejudice because they are premature. Petitioner has not yet paid the filing fee or submitted a completed IFP application[.]"), report and recommendation adopted, No. C11-5571BHS, 2011 WL 5335522 (W.D. Wash. Nov. 7, 2011). The Court will take no action on any future filings until Petitioner either pays the filing fee or applies to proceed in forma pauperis. 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). 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)
April 6, 2022 COURT'S CERTIFICATE of Service - a copy of 5 Order on Petitioner's Supplemental Motion for Update of Urgency has been served by First Class Mail to Thomas E. Marler at the address of record on April 6, 2022. Registered Participants of CM/ECF received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). (tyk)
April 5, 2022 Filing 4 Supplemental MOTION for Update of Urgency - by Petitioner Thomas E. Marler (Attachments: #1 Exhibit A, #2 Mailing Documentation)(eta)
March 28, 2022 Opinion or Order Filing 3 HABEAS DEFICIENCY ORDER - Signed by CHIEF JUDGE J. MICHAEL SEABRIGHT on 3/28/2022. (eta)
March 28, 2022 Filing 2 REQUEST for Withdrawal of Inmate's Personal Funds submitted by Petitioner Thomas E. Marler to the Federal Bureau of Prisons, dated March 21, 2022. (eta)
March 28, 2022 Filing 1 PETITION for a Writ of Habeas Corpus Under 28 U.S.C. 2241 - filed by Thomas E. Marler. (Attachments: #1 Exhibit A, #2 Mailing Documentation)(eta)
March 28, 2022 COURT'S CERTIFICATE of Service - a copy of #3 HABEAS DEFICIENCY ORDER shall be served by First Class Mail to Thomas E. Marler at the address of record on March 29, 2022. An Application to Proceed In Forma Pauperis by a Prisoner, its instructions, a file-stamped copy of the habeas petition and a "received" stamped copy of the inmate withdrawal request shall be included in the mailing to Petitioner. (eta)

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Petitioner: Thomas E. Marler
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Respondent: Estela Derr
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