Orosco v. Derr
| Maria Del Rasario Orosco |
| Warden Estelle Derr |
| 1:2022cv00524 |
| December 19, 2022 |
| US District Court for the District of Hawaii |
| SUSAN OKI MOLLWAY |
| WES REBER PORTER |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2241 Petition for Writ of Habeas Corpus (federal) |
| None |
Docket Report
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This docket was last retrieved on January 27, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 6 EO: On December 19, 2022, the Court received pro se Petitioner Maria Del Rasario Orosco's "Petition For Writ of Habeas Corpus 18 U.S.C. 2241 Seeking An Order Directing the Bureau of Prisons ('BOP') to Apply First Step Act (FSA') & Earned Time Credits ('ETC') Even Though [I] Have Possible Detainer" [ECF No. 1]. The Court received the filing fee on January 27, 2023 [ECF No. 5]. The government is ORDERED to file an Answer to the Petition on or before February 17, 2023, 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 March 3, 2023. After the government files its Answer, if Petitioner informs the Court that no Reply will be filed, the Court will, upon receipt of that statement, consider the briefing complete and will then begin preparing to rule. 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. (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) |
| Filing 5 Filing fee received: $ 5, Receipt number HI034131 re #1 Petition for Writ of Habeas Corpus. (jni) |
Filing 4
ORDER DENYING APPLICATION TO PROCEED IN FORMA PAUPERIS BY A PRISONER re #3 . Given the foregoing, Orosco has failed to show that she is unable to pay the $5.00 fee associated with this action. The IFP Application is therefore DENIED. Orosco is DIRECTED to submit $5.00, representing the filing fee for commencing this action, on or before February 9, 2023. 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, Orosco may voluntarily dismiss this action by filing a notice of dismissal. See Fed. R. Civ. P. 41(a)(1)(A)(i).Signed by JUDGE SUSAN OKI MOLLWAY on 1/10/2023. (cib)
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| COURT'S CERTIFICATE of Service - a copy of #4 Order has been served by First Class Mail to the addresses of record on Maria Del Rasario Orosco. Registered Participants of CM/ECF received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). (cib) |
| Filing 3 APPLICATION to Proceed In Forma Pauperis by a Prisoner - by Petitioner Maria Del Rasario Orosco (Attachments: #1 Mailing Documentation)(eta) |
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Filing 2
HABEAS DEFICIENCY ORDER - Signed by CHIEF JUDGE DERRICK K. WATSON on 12/19/2022. (eta)
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| Filing 1 PETITION for Writ of Habeas Corpus 18 U.S.C 2241, Seeking an Order Directing the Bureau of Prisoners ("BOP") to Apply First Step Act ("FSA") & Earned Time Credits ("ETC") Even Though A Have Possible Detainer - filed by Maria Del Rasario Orosco. (Attachments: #1 Exhibit A, #2 Mailing Documentation)(eta) |
| COURT'S CERTIFICATE of Service - a copy of #2 HABEAS DEFICIENCY ORDER has been served by First Class Mail to Maria Del Rasario Orosco at the address of record on December 19, 2022. A blank Application to Proceed In Forma Pauperis by a Prisoner, its instructions and a file-stamped copy of the habeas petition were included in the mailing to Petitioner. (eta) |
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| Petitioner: Maria Del Rasario Orosco | |
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| Respondent: Warden Estelle Derr | |
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