White v. Derr
| David White |
| Estela Derr |
| 1:2022cv00213 |
| May 9, 2022 |
| US District Court for the District of Hawaii |
| ROM TRADER |
| DERRICK K WATSON |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2241 Petition for Writ of Habeas Corpus (federal) |
| None |
Docket Report
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| Document Text |
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| Filing 4 CLERK'S JUDGMENT entered on 6/21/2022 pursuant to ECF No. #2 HABEAS DEFICIENCY ORDER, 3 Entering Order. (eta) |
| 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 May 9, 2022, the Court mailed to Petitioner a Habeas Deficiency Order [ECF No. 2]. The Court instructed Petitioner to pay the filing fee or to submit a complete Application to Proceed In Forma Pauperis by a Prisoner on or before June 6, 2022. The Court also warned Petitioner that failing to follow this instruction would result in automatic dismissal of this action without prejudice. It appears that Petitioner received the Order because it was not returned to the Court as not deliverable. Petitioner, however, failed to pay the filing fee or submit a complete in forma pauperis 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 Yourish v. Cal. Amplifier, 191 F.3d 983, 99192 (9th Cir. 1999) ("Plaintiffs' paltry excuse for his default on the judge's order indicates that there was sufficient prejudice to Defendants from the delay that this factor also strongly favors dismissal."). 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: (1) ENTER JUDGMENT in favor of the Respondent and against Petitioner, dismissing this action without prejudice, but without leave to amend; and (2) CLOSE the file. 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) |
| COURT'S CERTIFICATE of Service - a copy of #4 Clerk's Judgment has been served by First Class Mail to David White at the address of record on June 21, 2022. (eta) |
| COURT'S CERTIFICATE of Service - a copy of Dkt. No. 3 has been served by First Class Mail to David White at the address of record on June 21, 2022. Registered Participants of CM/ECF received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). (tyk) |
| COURT'S CERTIFICATE of Service - a copy of #2 HABEAS DEFICIENCY ORDER has been served by First Class Mail to David White at the address of record on May 10, 2022. A blank Application to Proceed In Forma Pauperis by a Prisoner, its instructions and a file-stamped copy of the Petition shall be included in the mailing to Petitioner. (eta) |
Filing 2
HABEAS DEFICIENCY ORDER - Signed by CHIEF JUDGE J. MICHAEL SEABRIGHT on 5/9/2022. (eta)
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| Filing 1 PETITION for a Writ of Habeas Corpus Under 28 U.S.C. 2241 - filed by David White. (Attachments: #1 Exhibit "A", #2 Exhibit "B", #3 Exhibit "C", #4 Mailing Documentation)(eta) |
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| Petitioner: David White | |
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| Respondent: Estela Derr | |
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