Kaneakua v. Derr
Petitioner: Elijah Maluhia Kaneakua
Respondent: Estela Derr
Case Number: 1:2022cv00158
Filed: April 11, 2022
Court: US District Court for the District of Hawaii
Presiding Judge: KENNETH J MANSFIELD
Referring Judge: DERRICK K WATSON
Nature of Suit: Habeas Corpus (General)
Cause of Action: 28 U.S.C. ยง 2241 Petition for Writ of Habeas Corpus (federal)
Jury Demanded By: None
Docket Report

This docket was last retrieved on June 7, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 7, 2022 Filing 9 NOTICE of Appearance by Harry Yee on behalf of Estela Derr on behalf of Estela Derr. (Yee, Harry)
May 24, 2022 Filing 8 EO: On April 11, 2022, the Court received Petitioner Elijah Maluhia Kaneakua's Petition Under 28 U.S.C. 2241 for a Writ of Habeas Corpus [ECF No. #1 . The Court received Petitioner's filing fee for this action on May 23, 2022 [ECF No. #7 . The government is ORDERED to file an Answer to the Petition on or before July 5, 2022, pursuant to Rule 5 of the Rules Governing Section 2254 Cases in the United States District Courts. Petitioner may file an optional Reply on or before August 2, 2022. The Clerk of Court is DIRECTED to serve a copy of this Entering Order and the Petition on the United States Attorney's Office for the District of Hawaii. IT IS SO ORDERED. (MAGISTRATE JUDGE KENNETH J. MANSFIELD)(bbb)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)
May 23, 2022 Filing 7 Filing fee: $ 5, receipt number HI032708 re #1 Petition for Writ of Habeas Corpus (eta)
May 3, 2022 Opinion or Order Filing 6 ORDER DENYING APPLICATION TO PROCEED IN FORMA PAUPERIS BY A PRISONER re #5 - Signed by JUDGE DERRICK K. WATSON on 5/3/2022. Given the foregoing, Kaneakua has failed to show that he is unable to pay the $5.00 fee associated with this action. The IFP Application is therefore DENIED. Kaneakua is DIRECTED to submit $5.00, representing the filing fee for commencing this action, on or before May 24, 2022. Failure to do so will result in AUTOMATIC DISMISSAL of this action without prejudice for failure to prosecute or follow a court order. See Fed. R. Civ. P. 41(b). In the ALTERNATIVE, Kaneakua may voluntarily dismiss this action by filing a notice of dismissal. See Fed. R. Civ. P. 41(a)(1)(A)(i). (eta)
May 3, 2022 COURT'S CERTIFICATE of Service - a copy of #6 ORDER DENYING APPLICATION TO PROCEED IN FORMA PAUPERIS BY A PRISONER has been served by First Class Mail to Elijah Maluhia Kaneakua at the address of record on May 3, 2022. (eta)
May 2, 2022 Filing 5 APPLICATION to Proceed In Forma Pauperis by a Prisoner - by Petitioner Elijah Maluhia Kaneakua (Attachments: #1 Mailing Documentation)(eta)
April 19, 2022 Opinion or Order Filing 4 ORDER DENYING APPLICATION TO PROCEED IN FORMA PAUPERIS BY A PRISONER re: #3 - Signed by JUDGE DERRICK K. WATSON on 4/19/2022. Kaneakua is therefore DIRECTED to submit a complete IFP Application that includes account statements from appropriate officials at each prison where he was confined during the six-month period immediately preceding the filing of this action. Failure to do so on or before May 20, 2022 will result in automatic dismissal of this suit without prejudice. See Fed. R. Civ. P. 41(b); see also Olivares v. Marshall, 59 F.3d 109, 112 (9th Cir. 1995). The Court will take no action on any future filings until Kaneakua pays the filing fee or is granted IFP status. The Clerk is DIRECTED to send Kaneakua an Application to Proceed In Forma Pauperis to facilitate his compliance with this Order. (jo) COURT'S CERTIFICATE OF SERVICE - Elijah Maluhia Kaneakua will be served by First Class Mail on April 19, 2022 to the address of record listed on the Notice of Electronic Filing (NEF). An Application to Proceed In Forma Pauperis is also included in this mailing.
April 18, 2022 Filing 3 APPLICATION to Proceed in Forma Pauperis by a Prisoner by Petitioner Elijah Maluhia Kaneakua (Attachments: #1 Mailing Envelope)(jni)
April 12, 2022 Opinion or Order Filing 2 HABEAS DEFICIENCY ORDER - Signed by CHIEF JUDGE J. MICHAEL SEABRIGHT on 4/12/2022. (eta)
April 12, 2022 COURT'S CERTIFICATE of Service - a copy of #2 HABEAS DEFICIENCY ORDER has been served by First Class Mail to Elijah Maluhia Kaneakua at the address of record on April 12, 2022. An Application to Proceed In Forma Pauperis by a Prisoner, its instructions and a file-stamped copy of the habeas petition shall be included in the mail to Petitioner. (eta)
April 11, 2022 Filing 1 PETITION for a Writ of Habeas Corpus Under 28 U.S.C. 2241 - filed by Elijah Maluhia Kaneakua. (Attachments: #1 Mailing Documentation)(eta)

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Petitioner: Elijah Maluhia Kaneakua
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Respondent: Estela Derr
Represented By: Harry Yee
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