Pectol et al v. Waikiki Police Department et al
| Michael Pectol and People of the United States of America (The) |
| Waikiki Police Department, Honolulu Police Department and Officers |
| 1:2022cv00229 |
| May 23, 2022 |
| US District Court for the District of Hawaii |
| JILL A OTAKE |
| ROM TRADER |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| None |
Docket Report
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| Filing 14 CLERK'S JUDGMENT entered on 6/23/2022 pursuant to ECF No. #13 ORDER DISMISSING ACTION, and ECF No. #12 ORDER (1) DISMISSING COMPLAINT AND (2) DENYING IFP APPLICATION WITHOUT PREJUDICE. (jni) |
Filing 13
ORDER DISMISSING ACTION re #12 - Signed by JUDGE JILL A. OTAKE on 6/23/2022. In view of Plaintiff's violation of the Court's Order, and failure to prosecute, the Court finds that the Pagtalunan 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, 291 F.3d at 642 (citing Ferdik, 963 F.2d at 1261). Moreover, there is no risk of prejudice to Defendants, as they have yet to appear, and it is unclear whether service was properly effectuated. Finally, there are no less drastic alternatives available at this time. This case cannot proceed without an operative pleading and payment of the filing fee or a determination that Plaintiff is entitled to proceed in forma pauperis.The Court concedes that the public policy favoring disposition of cases on their merits weighs against dismissal. However, considering the totality of the circumstances and because all of the preceding factors favor dismissal, this factor is outweighed.In accordance with the foregoing, this action is HEREBY DISMISSED.(jni)
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| COURT'S CERTIFICATE of Service - a copy of #13 Order, and #14 Judgment shall be served to Plaintiff Michael Pectol by email to the last known email address: Michael.PectolBVB@Protonmail.com on 6/23/2022. The Clerk's Office has no other contact information for Plaintiff. Registered Participants of CM/ECF received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). (jni) |
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Filing 12
ORDER (1) DISMISSING COMPLAINT AND (2) DENYING IFP APPLICATION WITHOUT PREJUDICE re #1 , #2 - Signed by JUDGE JILL A. OTAKE on 5/31/2022. In accordance with the foregoing, Court: (1) DISMISSES the Complaint with leave to amend and (2) DENIES without prejudice the IFP Application. ECF No. 2. If Plaintiff elects to file an amended complaint, he must comply with the following requirements: (1) The deadline to file an amended complaint is June 21, 2022; (2) The amended complaint should be titled "First Amended Complaint"; and (3) Plaintiff must cure the deficiencies identified above. Plaintiff is cautioned that failure to timely file an amended pleading that conforms with this Order and concurrently file an IFP Application or submit the filing fee will result in the automatic dismissal of this action.(jni)
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| COURT'S CERTIFICATE of Service - On May 31, 2022, a copy of ECF No. #12 Order, was placed in the bin at the Clerk's Office front counter for pickup by Plaintiff Michael Pectol. (jni) |
| Filing 11 PROOF OF SERVICE - by Michael Pectol. (jni) |
| Filing 10 Acknowledgment of Receipt as to ECF 7 Notice of Case Reassignment - filed by Michael Pectol. (jni) |
| Filing 9 Proof of Service (With Packet Itemization), Updated Defendant Liabiliy [sic] Form - by Michael Pectol. (jni) |
| Filing 8 EO: The parties are directed to review the General Civil Case Procedures Before Judge Otake posted on the court's website and are expected to comply with the most recent version that is posted. (JUDGE JILL A. OTAKE)(shm)COURT'S 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 - On May 24, 2022, a copy of 8 Entry Order was placed in the bin at the Clerk's office front counter for pickup by Plaintiff Michael Pectol. (jni) |
| Filing 7 NOTICE of Case Reassignment: Please reflect new Civil case number CV 22-00229 JAO-RT on all further pleadings. (eta) |
| Filing 6 Consent Election Form. (eta) |
| Filing 5 Supplemental Evidentiary Document(s) - by Michael Pectol. (eta) |
| Filing 4 NOTICE OF ASSIGNMENT TO UNITED STATES MAGISTRATE JUDGE. (Attachments: #1 Election Form )(eta) |
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Filing 3
Order Setting Telephonic Rule 16 Scheduling Conference is set for 09:00AM on 7/18/2022 before MAGISTRATE JUDGE ROM TRADER - Signed by CHIEF JUDGE J. MICHAEL SEABRIGHT on 5/23/2022. (Attachments: #1 Memo from Clerk Re: Corporate Disclosures)(eta)
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| Filing 2 APPLICATION to Proceed in District Court Without Prepaying Fees or Costs - by Plaintiff Michael Pectol (eta) |
| Filing 1 COMPLAINT against All Defendants - filed by Michael Pectol.(eta) |
| COURT'S CERTIFICATE of Service - On May 23, 2022, a copy of the 7 Notice of Case Reassignment was left at the Clerk's Office service counter for pickup by Plaintiff Michael Pectol. (eta) |
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