Cacayorin v. Derr
| Patrick Cacayorin |
| Estela Derr |
| 1:2023cv00077 |
| February 8, 2023 |
| U.S. 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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This docket was last retrieved on March 3, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 8 CLERK'S JUDGMENT entered on 3/3/2023 pursuant to ECF #7 ORDER DISMISSING PETITIONUNDER 28 U.S.C. 2241 FOR A WRIT OF HABEAS CORPUS, ECF NO. 1.(jni) |
Filing 7
ORDER DISMISSING PETITION UNDER 28 U.S.C. 2241 FOR A WRIT OF HABEAS CORPUS, ECF NO. 1 re #1 - Signed by JUDGE J. MICHAEL SEABRIGHT on 3/3/2023. 1. The Petition is DISMISSED without prejudice, but without leave to amend, because Cacayorin failed to exhaust administrative remedies and waiver of the exhaustion requirement is not appropriate in this case.2. The Clerk is DIRECTED to close this case.(jni)
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| COURT'S CERTIFICATE of Service - a copy of #7 Order, and #8 Judgment, shall be served by First Class Mail to the addresses of record on 3/6/2023. Registered Participants of CM/ECF received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). (jni) |
| Filing 6 Petitioner's RESPONSE to Order, ECF No. 2, Showing Cause Why the Petition, ECF No. 1, Should Not be Dismissed; Certificate of Service re #4 - filed by Patrick Cacayorin. (Attachments: #1 Exhibit A, #2 Mailing Documentation)(eta) |
| Filing 5 NOTICE of Appearance by Dana A. Barbata on behalf of Estela Derr on behalf of Estela Derr. (Barbata, Dana) |
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Filing 4
ORDER TO SHOW CAUSE WHY THE PETITION, ECF NO. 1, SHOULD NOT BE DISMISSED - Signed by JUDGE J. MICHAEL SEABRIGHT on 2/15/2023.1. Cacayorin is ordered to show cause in writing by March 1, 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 1, 2023, explaining why dismissal of this action is or is not appropriate because of Cacayorin's failure to exhaust administrative remedies.4. If, after reviewing this Order, Cacayorin decides not to pursue his claim until he exhausts his administrative remedies, he may voluntarily dismiss this action by filing a notice of dismissal pursuant to Fed. R. Civ. P. 41(a).5. If Cacayorin fails to respond to this Order by March 1, 2023, the Petition, ECF No. 1, and this action will be dismissed pursuant to Fed. R. Civ. P. 41(b) for failing to comply with a court order.Show Cause Response due by 3/1/2023.COURT'S CERTIFICATE OF SERVICE Patrick Cacayorin shall be served by First Class mail to the address of record on 2/15/2023. The U.S. Attorney's Office shall be served a copy of this Order and the Petition, ECF No. 1 on 2/15/2023 via inter-office delivery. (jni)
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| Filing 3 Filing fee received: $ 5, Receipt number HI034237 re #1 Petition for Writ of Habeas Corpus. (jni) |
| COURT'S CERTIFICATE of Service - a copy of #2 HABEAS DEFICIENCY ORDER has been served by First Class Mail to Patrick Cacayorin at the address of record on February 9, 2023. 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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Filing 2
HABEAS DEFICIENCY ORDER - Signed by CHIEF JUDGE DERRICK K. WATSON on 2/8/2023. (eta)
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| Filing 1 PETITION Under 28 U.S.C. 2241 for a Writ of Habeas Corpus - filed by Patrick Cacayorin. (Attachments: #1 Memorandum in Support and Certificate of Service, #2 Exhibit A, #3 Mailing Documentation)(eta) |
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| Petitioner: Patrick Cacayorin | |
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| Respondent: Estela Derr | |
| Represented By: | Dana A. Barbata |
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