Untalan v. Derr
| Maria E. Untalan |
| Warden Estela Derr |
| 1:2023cv00091 |
| February 15, 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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| Document Text |
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| Filing 12 EO: On March 9, 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 respond to the Order by March 23, 2023, and the court gave Respondent the opportunity to file an optional response by April 6, 2023. No further briefing was requested. After receiving Petitioner's and Respondent's written responses [ECF Nos. 6, 7], the court dismissed the Petition on April 10, 2023 [ECF No. 9]. The court explained that Petitioner failed to exhaust administrative remedies and that waiver of the exhaustion requirement was not appropriate in this case. On April 13, 2023, the court received Petitioner's "Response to Government's ECF No. 7" [ECF No. 11]. Nothing in this unsolicited "Response" undermines the reasoning or conclusion set forth in the court's April 10, 2023 Order. This case, therefore, remains closed. 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 11 RESPONSE to Government's ECF No. #7 - filed by Maria E. Untalan. (Attachments: #1 Mailing Documentation)(eta) |
| Filing 10 CLERK'S JUDGMENT entered on 4/10/2023 pursuant to ECF #9 ORDER DISMISSING PETITION FOR WRIT OF HABEAS CORPUS PURSUANT TO 28 U.S.C. SECTION 2241, ECF NO. 1. (jni) |
Filing 9
ORDER DISMISSING PETITION FOR WRIT OF HABEAS CORPUS PURSUANT TO 28 U.S.C. SECTION 2241, ECF NO. 1 re #1 - Signed by JUDGE J. MICHAEL SEABRIGHT on 4/10/2023. 1. The Petition is DISMISSED without prejudice, but without leave to amend, because Untalan failed to exhaust administrative remedies and waiver of the exhaustion requirement is not appropriate in this case. This dismissal does not preclude Untalan from filing a new habeas petition, if necessary, after exhausting her administrative remedies.2. Upon request by Untalan, Respondent is DIRECTED to ensure that Untalan 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 #9 Order, and #10 Clerk's Judgment, shall be served by First Class Mail to the addresses of record on 4/11/2023. Registered Participants of CM/ECF received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). (jni) |
| Filing 8 CERTIFICATE OF SERVICE by Estela Derr re #7 Response, [Re: Respondent Estela Derr, Warden's Optional Response to Order to Show Cause Why the Petition, ECF No. 1, Should Not Be Dismissed [ECF No. 4]; Declaration of Kris Robl; Exhibits "A" - "B"] (Moreland Villalon, Natalie) |
| Filing 7 RESPONSE re #1 Petition for Writ of Habeas Corpus, RESPONDENT ESTELA DERR, WARDENS OPTIONAL RESPONSE TO ORDER TO SHOW CAUSE WHY THE PETITION, ECF NO. 1, SHOULD NOT BE DISMISSED ECF NO. 4; COS filed by Estela Derr. (Attachments: #1 Declaration of Kris Robl, #2 Exhibit A, #3 Exhibit B)(Moreland Villalon, Natalie) |
| Filing 6 RESPONSE to Order to Show Cause Why the Petition, ECF No. 1 Should Not Be Dismissed (ECF No. 4) re #4 - filed by Maria E. Untalan. (Attachments: #1 Mailing Envelope)(jni) |
| Filing 5 SUPPLEMENT to ECF No. 1; Exhibit A Computation Data Supports Release Date of February 15, 2023 re #1 - filed by Maria E. Untalan. (Attachments: #1 Exhibit A, #2 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 3/9/2023. 1. Untalan is ordered to show cause in writing by March 23, 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 April 6, 2023, explaining why dismissal of this action is or is not appropriate because of Untalan's failure to exhaust administrative remedies.4. If, after reviewing this Order, Untalan 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 Untalan fails to respond to this Order by March 23, 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 3/23/2023.(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 Maria E. Untalan at the addresses of record on 3/9/2023. The U.S. Attorney's Office shall be served a copy of this Order #4 and the Petition, ECF #1 on 3/9/2023 via inter-office delivery. (jni) |
| Filing 3 Filing fee received: $ 5.00, Receipt number HI034373 re #1 Petition for Writ of Habeas Corpus. (jni) |
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Filing 2
HABEAS DEFICIENCY ORDER re #1 - Signed by CHIEF JUDGE DERRICK K. WATSON on 2/15/2023. (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 ("BOP") to Apply First Step Act ("FSA") Earned Time Credits ("ETC") & 1/3 Elderly Credits - filed by Maria E. Untalan. (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 addresses of record on 2/16/2023. Additionally, an Application to Proceed in Forma Paupers, and its instructions, will be included in the mailing to Petitioner. (jni) |
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| Petitioner: Maria E. Untalan | |
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| Respondent: Warden Estela Derr | |
| Represented By: | Natalie Moreland Villalon |
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