Ferreira v. Derr
| Francine Kapiolani Ferreira |
| Warden Estelle Derr |
| 1:2022cv00539 |
| December 27, 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 April 11, 2023. A more recent docket listing may be available from PACER.
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Filing 6
EO: On December 27, 2022, the Court received pro se Petitioner Francine Kapiolani Ferreira's "Petition for Writ of Habeas Corpus Pursuant to 28 U.S.C. Section 2241 Seeking an Order Directing the Bureau of Prisons ('BOP') to Apply First Step Act ('FSA') Earned Time Credits ('ETC') & 1/3 Elderly Credits" [ECF No. 1]. The Court received the filing fee on January 13, 2023 [ECF No. 5]. The government is ORDERED to file an Answer to the Petition on or before February 28, 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 28, 2023. 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)
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Filing 5
Filing fee received: $ 5, Receipt number HI034067 re #1 Petition for Writ of Habeas Corpus. (jni)
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Filing 4
ORDER DENYING APPLICATION TO PROCEED IN FORMA PAUPERIS BY A PRISONER re #3 . Given the foregoing, Ferreira has failed to show that she is unable to pay the $5.00 fee associated with this action. The IFP Application is therefore DENIED. Ferreira 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, Ferreira 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 Francine Kapiolani Ferreira. Registered Participants of CM/ECF received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). (cib)
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Filing 3
APPLICATION to Proceed In Forma Pauperis by a Prisoner - by Petitioner Francine Kapiolani Ferreira (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 ("BOP") to Apply First Step Act ("FSA") Earned Time Credits ("ETC") & 1/3 Elderly Credits - filed by Francine Kapiolani Ferreira. (Attachments: #1 Mailing Documentation)(eta)
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COURT'S CERTIFICATE of Service - a copy of #2 HABEAS DEFICIENCY ORDER shall be served by First Class Mail to Francine Kapiolani Ferreira at the address of record on December 28, 2022. A blank 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 mailing to Petitioner. (eta)
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| Petitioner: Francine Kapiolani Ferreira | |
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| Respondent: Warden Estelle Derr | |
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