Kaio-Barrozo v. Derr
Petitioner: Tishanah Iwalani Kaio-Barrozo
Respondent: Warden Estela Derr
Case Number: 1:2023cv00029
Filed: January 23, 2023
Court: US District Court for the District of Hawaii
Presiding Judge: KENNETH J MANSFIELD
Referring Judge: J MICHAEL SEABRIGHT
Nature of Suit: Habeas Corpus (General)
Cause of Action: 28 U.S.C. ยง 2241 Petition for Writ of Habeas Corpus (federal)
Jury Demanded By: None
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Docket Report

This docket was last retrieved on March 21, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 21, 2023 Filing 9 CLERK'S JUDGMENT entered on 3/21/2023 pursuant to ECF #8 ORDER DISMISSING ACTION. (jni)
March 21, 2023 Opinion or Order Filing 8 ORDER DISMISSING ACTION - Signed by JUDGE J. MICHAEL SEABRIGHT on 3/21/2023. Accordingly, this action is DISMISSED without prejudice pursuant to Rule 41(b) due to Plaintiff's failure to prosecute and failure to comply with court orders. The Clerk of Court is DIRECTED to close the case file.(jni)
March 21, 2023 COURT'S CERTIFICATE of Service - a copy of #8 Order, #9 Clerk's Judgment shall be served by First Class Mail to Tishanah Iwalani Kaio-Barrozo at her last known address at 2025 South Beretania Street, Honolulu, HI 96826 on 3/22/2023. Registered Participants of CM/ECF received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). (jni)
March 2, 2023 Filing 7 EO: On February 9, 2023, the court ordered the government to file an Answer to Petitioner Tishanah Iwalani Kaio-Barroza's ("Kaio-Barroza") "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 Earned Time Credits" ("Habeas Petition" -- ECF No. #1 ), ECF No. 4 . The court also instructed that Kaio-Barroza "may file an optional Reply on or before March 16, 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." Id. The copy of the ECF No. 4 entering order mailed to Kaio-Barroza was returned as undeliverable, as she had been released from a term of imprisonment imposed in Cr. No. 21-00101-JAO-7 on February 13, 2023. See ECF No. #5 . On March 1, 2023, the government filed an Answer to the Petition, asserting that because of Kaio-Barroza's release, her Habeas Petition should be dismissed as moot. ECF No. #6 . Since her release, more than 14 days has passed and Kaio-Barroza has failed to inform the court of a change of address as required by Local Rule 83.1(e). Accordingly, the court ORDERS Kaio-Barroza to file a: (1) Notice of Change of Address that complies with LR83.1(e); and (2) a written response informing the court whether she intends to proceed with her Habeas Petition, and if so, why by March 16, 2023. Failure to comply with the court's instructions by March 16, 2023, will result in automatic dismissal of this action without prejudice.This order will be mailed to the current address for Kaio-Barroza as provided to the court by the United States Probation Office. Further, the clerk of court is directed to provide Kaio-Barroza with a copy of ECF Nos. 4 (February 9, 2023 EO) and 6 (Government Response to the Petition). (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)
March 1, 2023 Filing 6 RESPONSE re #1 Petition for Writ of Habeas Corpus, Respondent Warden Estela Derr's Response to Petition for Writ of Habeas Corpus Pursuant to 28 U.S.C. 2241, Seeking an Order Directing the Bureau of Prisons ("BOP") to Apply First Step Act ("FSA") Earned Time Credits ("ETC") filed January 23, 2023 [ECF No. 1]; Certificate of Service filed by Estela Derr. (Attachments: #1 Declaration Kris Robl, #2 Exhibit A)(Ching, Edric)
February 21, 2023 Filing 5 Mail Returned as Undeliverable (re ECF No. 4 Entering Order). Mail sent to Tishanah Iwalani Kaio-Barrozo at FDC Honolulu returned undelivered/"not at this address". A search of the Federal Bureau of Prisons website on 2/22/2023 reflects that Petitioner was released on 2/13/2023. (eta)
February 9, 2023 Filing 4 EO: On January 23, 2023, the court received pro se Petitioner Tishanah Iwalani Kaio-Barrozo'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 Credit ('ETC')" [ECF No. 1]. The court received the filing fee on February 7, 2023 [ECF No. 3]. Although Petitioner refers to "GTC" in the Petition, she is not eligible for good time credit under 18 U.S.C. 3624(b)(1) because she is serving a term of imprisonment of less than a year and a day. See Bottinelli v. Salazar, 929 F.3d 1196, 1197 (9th Cir. 2019) ("A federal prisoner who is serving more than a one-year term of imprisonment may earn good time credit toward his or her sentence[.]"). The court therefore construes the Petition as seeking the application of time credit under 18 U.S.C. 3632(d)(4). The government is ORDERED to file an Answer to the Petition on or before March 2, 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 16, 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 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)
February 7, 2023 Filing 3 Filing fee: $ 5, receipt number HI034193 re #1 Petition for Writ of Habeas Corpus, (eta)
January 23, 2023 Opinion or Order Filing 2 HABEAS DEFICIENCY ORDER - Signed by CHIEF JUDGE DERRICK K. WATSON on 1/23/2023. (eta)
January 23, 2023 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 Credit ("ETC") - filed by Tishanah Iwalani Kaio-Barrozo. (Attachments: #1 Mailing Documentation)(eta)
January 23, 2023 COURT'S CERTIFICATE of Service - a copy of #2 HABEAS DEFICIENCY ORDER has been served by First Class Mail to Tishanah Iwalani Kaio-Barroza at the address of record on January 23, 2023. 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: Tishanah Iwalani Kaio-Barrozo
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Respondent: Warden Estela Derr
Represented By: Edric Ming-Kai Ching
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