De Garza vs. Derr
| Maria Luquin De Garza |
| Warden Estelle Derr |
| 1:2022cv00537 |
| December 27, 2022 |
| US District Court for the District of Hawaii |
| WES REBER PORTER |
| J MICHAEL SEABRIGHT |
| 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 6 CLERK'S JUDGMENT entered on 2/22/2023 pursuant to ECF Nos. #4 and #5 . (eta) |
| Filing 5 EO: For reasons stated in the attached Minute Order: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, 991-92 (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; and (2) CLOSE the case. IT IS SO ORDERED. (JUDGE J. MICHAEL SEABRIGHT)(rlfh)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 #6 Clerk's Judgment shall be served by First Class Mail to Maria Luquin De Garza at the address of record on February 23, 2023. Registered Participants of CM/ECF received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). (eta) |
Filing 4
ORDER DENYING APPLICATION TO PROCEED IN FORMA PAUPERIS BY A PRISONER, ECF NO. 3 - Signed by JUDGE J. MICHAEL SEABRIGHT on 1/9/2023. Given the foregoing, De Garza has failed to show that she is unable to pay the $5.00 fee associated with this action. The IFP Application is therefore DENIED. De Garza is DIRECTED to submit $5.00, representing the filing fee for commencing this action, on or before February 8, 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, De Garza may voluntarily dismiss this action by filing a notice of dismissal. See Fed. R. Civ. P. 41(a)(1)(A)(i).(jni)
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| COURT'S CERTIFICATE of Service - a copy of #4 Order, shall be served by First Class Mail to Maria Luquin De Garza at the address of record on 1/9/2023. (jni) |
| Filing 3 APPLICATION to Proceed in Forma Pauperis by a Prisoner - by Petitioner Maria Luquin De Garza (Attachments: #1 Mailing Documentation)(eta) |
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Filing 2
HABEAS DEFICIENCY ORDER - Signed by CHIEF JUDGE DERRICK K. WATSON on 12/27/2022. (eta)
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| Filing 1 PETITION for Writ of Habeas Corpus Pursuant to 28 U.S.C. Section 2241, Seeking an order Directing the Bureau of Prisons to Apply First Step Act Credits ("FSA") & Earned Time Credits ("ETC") to My Sentence Pursuant to 18 Section 3632(d)((4)(C) - filed by Maria Luquin De Garza. (Attachments: #1 Exhibit A, #2 Mailing Documentation)(eta) |
| COURT'S CERTIFICATE of Service - a copy of #2 HABEAS DEFICIENCY ORDER shall be served by First Class Mail to Maria Luquin De Garza at the address of record on December 28, 2022. A blank Application to Proceed In Forma Pauperis by a Prisoner, its instructions and an file-stamped copy of the habeas petition shall be included in the mailing to Petitioner. (eta) |
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| Petitioner: Maria Luquin De Garza | |
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| Respondent: Warden Estelle Derr | |
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