Huihui v. Derr
| Kaniu Huihui |
| Warden Estelle Derr |
| 1:2022cv00541 |
| December 27, 2022 |
| US District Court for the District of Hawaii |
| JILL A OTAKE |
| ROM TRADER |
| 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 12 NOTICE of Appearance by Dana A. Barbata on behalf of Estelle Derr on behalf of Estelle Derr. (Barbata, Dana) |
| Filing 11 EO: The Court, having reviewed the Government's #10 Letter to the Court dated February 16, 2023, hereby EXTENDS the briefing deadlines as follows: 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 14, 2023. The Clerk of Court is DIRECTED to serve a copy of this Entering Order on the United States Attorneys Office for the District of Hawaii. (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). A copy of the foregoing shall be served on Civil Chief Dana Barbata, U.S. Attorney's Office, District of Hawaii at Dana.Barbata@usdoj.gov on 2/16/2023. 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 10 Letter addressed to Judge Otake from AUSA Dana A. Barbata, dated February 16, 2023, re: request for an extension of time to respond to petition. (jni) |
| Filing 9 EO: On December 27, 2022, the Court received Petitioner Kaniu Huihui's [ECF No. 1] "Writ of Habeas Corpus 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') & Residential Rehabilitation Center ('RRC') Converted to Home Confinement." The Court also received Supplements from Petitioner on [ECF No. 5] January 11, 2023, and [ECF NO. 7] January 17, 2023, and the [ECF No. 8] filing fee on January 26, 2023. The government is ORDERED to file an Answer to the Petition on or before February 21, 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 7, 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 Attorneys Office for the District of Hawaii. IT IS SO ORDERED. (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 - copies of the #1 Petition for Writ of Habeas Corpus Pursuant to 28 U.S.C. 2241; and 9 Entering Order filed on January 30, 2023 have been served by email on Civil Chief Dana Barbata, U.S. Attorney's Office, District of Hawaii at Dana.Barbata@usdoj.gov on 1/30/2023. Registered Participants of CM/ECF received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). (shm) |
| Filing 8 Filing fee received: $ 5.00, Receipt number HI034121 re #1 Petition for Writ of Habeas Corpus. (jni) |
| Filing 7 SUPPLEMENT re #1 Petition for Writ of Habeas Corpus - filed by Kaniu Huihui. (Attachments: #1 Mailing Envelope)(jni) |
Filing 6
ORDER DENYING APPLICATION TO PROCEED IN FORMA PAUPERIS BY A PRISONER re #4 - Signed by JUDGE JILL A. OTAKE on 1/13/2023.(jni)
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| COURT'S CERTIFICATE of Service - a copy of #6 Order on Motion for Leave to Proceed in forma pauperis shall be served by First Class Mail to the addresses of record on 1/13/2023. (jni) |
| Filing 5 SUPPLEMENT re #1 Petition for Writ of Habeas Corpus - filed by Kaniu Huihui. (Attachments: #1 Mailing Envelope)(jni) |
| Filing 4 APPLICATION to Proceed in Forma Pauperis by a Prisoner - by Petitioner Kaniu Huihui. (Attachments: #1 Mailing Envelope)(jni) |
| Filing 3 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) |
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Filing 2
DEFICIENCY ORDER re #1 - Signed by CHIEF JUDGE DERRICK K. WATSON on 12/27/2022. (jni)
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| Filing 1 WRIT OF HABEAS CORPUS 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") & Residential Rehabilitation Center ("RRC") Converted to Home Confinement; Ex. A - filed by Kaniu Huihui. (Attachments: #1 SEALED Exhibit A, #2 Mailing Envelope)Modified on 12/27/2022 to provisionally restrict Exhibit A, as it contains personal identifiers. (jni)(jni) |
| COURT'S CERTIFICATE of Service - a copy of #1 Petition for Writ of Habeas Corpus, and #2 Deficiency Order, shall be served by First Class Mail to the addresses of record on 12/28/2022. Additionally, an Application to Proceed in Forma Paupers, and its instructions, are included in the mailing to Petitioner. (jni) |
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| Petitioner: Kaniu Huihui | |
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| Respondent: Warden Estelle Derr | |
| Represented By: | Dana A. Barbata |
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