Sallas v. Derr
| Cookie Sallas |
| Warden Estela Derr |
| 1:2023cv00084 |
| February 14, 2023 |
| US District Court for the District of Hawaii |
| J MICHAEL SEABRIGHT |
| 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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This docket was last retrieved on April 5, 2023. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 7 CLERK'S JUDGMENT entered on 4/5/2023 pursuant to ECF #6 ORDER DISMISSING PETITION FOR WRIT OF HABEAS CORPUS PURSUANT TO 28 U.S.C. SECTION 2241, ECF NO. 1. (jni) |
Filing 6
ORDER DISMISSING PETITION FOR WRIT OF HABEAS CORPUS PURSUANT TO 28 U.S.C. SECTION 2241, ECF NO. 1 - Signed by JUDGE J. MICHAEL SEABRIGHT on 4/5/2023. 1. The Petition is DISMISSED without prejudice, but without leave to amend, because Sallas failed to exhaust administrative remedies and waiver of the exhaustion requirement is not appropriate in this case.2. Upon request by Sallas, Respondent is DIRECTED to ensure that Sallas receives any forms required to exhaust administratively the claims raised in the Petition.3. The Clerk is DIRECTED to close this case. (jni)
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| COURT'S CERTIFICATE of Service - a copy of #6 Order, and #7 Clerk's Judgment shall be served by First Class Mail to the addresses of record on 4/6/2023. Registered Participants of CM/ECF received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). (jni) |
| Filing 5 RESPONSE to Order to Show Cause Why the Petition, ECF No. 1, Should Not be Dismissed (ECF No. 4) re #4 - filed by Cookie Sallas. (Attachments: #1 Mailing Envelope)(jni) |
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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 3/3/2023. 1. Sallas is ordered to show cause in writing by March 17, 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. Respondent may file an optional response to this Order by March 31, 2023, explaining why dismissal of this action is or is not appropriate because of Sallas' failure to exhaust administrative remedies.4. If, after reviewing this Order, Sallas decides not to pursue her claim until she exhausts her administrative remedies, she may voluntarily dismiss this action by filing a notice of dismissal pursuant to Fed. R. Civ. P. 41(a).5. If Sallas fails to respond to this Order by March 17, 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 3/17/2023.(jni)
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| COURT'S CERTIFICATE of Service - a copy of #4 Order to Show Cause shall be served by First Class Mail to the addresses of record on 3/3/2023. A copy of #1 Petition for Writ of Habeas Corpus, and #4 Order to Show Cause shall be served via inter-office delivery to the U.S. Attorney's Office on 3/3/2023. (jni) |
| Filing 3 Filing fee received: $ 5.00, Receipt number HI034350 re #1 Petition for Writ of Habeas Corpus. (jni) |
|
Filing 2
HABEAS DEFICIENCY ORDER re #1 - Signed by CHIEF JUDGE DERRICK K. WATSON on 2/14/2023. (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 Cookie Sallas. (Attachments: #1 Mailing Envelope)(jni) |
| COURT'S CERTIFICATE of Service - a copy of #1 Petition for Writ of Habeas Corpus, and #2 Order has been served by First Class Mail to the addresses of record on 2/14/2023. Additionally, an Application to Proceed in Forma Paupers, and its instructions, are included in the mailing to Petitioner. (jni) |
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| Petitioner: Cookie Sallas | |
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| Respondent: Warden Estela Derr | |
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