Quitaro v. Derr
| Doreen Esther Quitaro |
| Warden Estela Derr |
| 1:2023cv00041 |
| January 26, 2023 |
| US District Court for the District of Hawaii |
| KENNETH J MANSFIELD |
| 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 7 RESPONSE re #1 Petition for Writ of Habeas Corpus RESPONDENT ESTELA DERR, WARDENS RESPONSE TO PETITION FOR WRIT OF HABEAS CORPUS PURSUANT TO 28 U.S.C. 2241 [ECF NO. 1]; DECLARATION OF KRIS ROBL; EXHIBITS AB; CERTIFICATE OF SERVICE filed by Estela Derr. (Attachments: #1 Declaration of Kris Robl, #2 Exhibit A, #3 Exhibit B)(Moriyama, Rachel) |
| Filing 6 EO: On February 16, 2023, the court issued an Order to Show Cause Why the Petition, ECF No. 1, Should Not Be Dismissed [ECF No. 4]. The court instructed Petitioner to show cause in writing why this matter should not be dismissed without prejudice for failure to exhaust administrative remedies. The court received Petitioner's Response on February 27, 2023 [ECF No. 5]. In the Response, Petitioner alleges that administrative remedies were "effectively unavailable" to her because she was denied "forms to exhaust administrative remedies when [she] asked for [them]." Respondent is ORDERED to file an Answer the Petition on or before March 24, 2023, pursuant to Rule 5 of the Rules Governing Section 2254 Cases in the United States District Courts. In her Answer, Respondent should address exhaustion in addition to any other issue she deems appropriate. See Anderson v. Arpaio, 2007 WL 1238894, at *3 (D. Ariz. Apr. 26, 2007) (stating in another context that "[a] court can find a remedy unavailable where, for example, jail officials refuse to provide grievance forms or otherwise prevent the prisoner from pursuing the remedy"). Petitioner may file an optional Reply on or before April 7, 2023. The Clerk of Court is DIRECTED to serve a copy of this Entering Order 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) |
| Filing 5 RESPONSE to Order to Show Cause Why the Petition, ECF No. 1, Should Not Be Dismissed (ECF No. 4) re #4 - filed by Doreen Esther Quitaro. (Attachments: #1 Mailing Envelope)(jni) |
Filing 4
ORDER TO SHOW CAUSE WHY THE PETITION, ECF NO. 1, SHOULD NOT BE DISMISSED - Signed by JUDGE J. MICHAEL SEABRIGHT on 2/16/2023. 1. Quitaro is ordered to show cause in writing by March 2, 2023, why this matter should not be dismissed without prejudice for failure to exhaust administrative remedies.2. The Clerk of Court is DIRECTED to serve a copy of this Order and the Petition, ECF No. 1, on the United States Attorney's Office for the District of Hawaii.3. The government may file an optional response by March 2, 2023, explaining why dismissal of this action is or is not appropriate because of Quitaro's failure to exhaust administrative remedies.4. If, after reviewing this Order, Quitaro decides not to pursue her claim until she exhausts his administrative remedies, she may voluntarily dismiss this action by filing a notice of dismissal pursuant to Fed. R. Civ. P. 41(a).5. If Quitaro fails to respond to this Order by March 2, 2023, the Petition, ECF No. 1, and this action may be dismissed pursuant to Fed. R. Civ. P. 41(b) for failing to comply with a court order. Show Cause Response due by 3/2/2023.COURT'S CERTIFICATE OF SERVICE Doreen Esther Quitaro shall be served by First Class mail to the address of record on 2/17/2023. The U.S. Attorney's Office shall be served a copy of this Order and the Petition, ECF No. 1 on 2/17/2023 via inter-office delivery. (jni)
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| Filing 3 Filing fee received: $ 5, Receipt number HI034247 re #1 Petition for Writ of Habeas Corpus. (jni) |
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Filing 2
DEFICIENCY ORDER re #1 - Signed by CHIEF JUDGE DERRICK K. WATSON on 1/26/2023. (jni)
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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 Earned Time Credits - filed by Doreen Esther Quitaro. (Attachments: #1 Mailing Envelope)(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 address of record on 1/26/2023. Additionally, an Application to Proceed in Forma Paupers, and its instructions, are included in the mailing to Petitioner. (jni) |
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| Petitioner: Doreen Esther Quitaro | |
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| Respondent: Warden Estela Derr | |
| Represented By: | Rachel S. Moriyama |
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