Fonseca v. Derr
| Maria Fonseca |
| Estela Derr |
| 1:2023cv00160 |
| April 6, 2023 |
| U.S. District Court for the District of Hawaii |
| KENNETH J MANSFIELD |
| JILL A OTAKE |
| 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 June 2, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 9 CLERK'S JUDGMENT entered on 6/2/2023 pursuant to ECF #8 ORDER DISMISSING PETITION UNDER 28 U.S.C. 2241 FOR A WRIT OF HABEAS CORPUS.(jni) |
Filing 8
ORDER DISMISSING PETITION UNDER 28 U.S.C. 2241 FOR A WRIT OF HABEAS CORPUS re #1 - Signed by JUDGE JILL A. OTAKE on 6/2/2023. Accordingly, the Petition is DISMISSED. Because any amendment would be futile, this dismissal is without leave to amend. See Sylvia Landfield Tr. v. City of Los Angeles, 729 F.3d 1189, 1196 (9th Cir. 2013).The Clerk is DIRECTED to close this case. (jni)
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| COURT'S CERTIFICATE of Service - a copy of #8 Order, and #9 Clerk's Judgment, shall be served by First Class Mail to the addresses of record on 6/5/2023. Registered Participants of CM/ECF received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). (jni) |
| Filing 7 RESPONSE to ECF No. 6 re #6 - filed by Maria Fonseca. (Attachments: #1 Mailing Envelope)(jni) |
| Filing 6 RESPONSE re #1 Petition for Writ of Habeas Corpus, Respondent Estela Derr, Warden's Response to Petition for Writ of Habeas Corpus Pursuant to 28 U.S.C. 2241 [ECF No. 1]; Certificate of Service filed by Estela Derr. (Attachments: #1 Declaration of Kris Robl, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D)(Yee, Harry) |
| Filing 5 SUPPLEMENT to ECF No. 1 re #1 - filed by Maria Fonseca. (Attachments: #1 Mailing Envelope)(jni) |
| Filing 4 EO: On April 6, 2023, the Court received Petitioner Maria Fonseca's [ECF No. 1] "Writ of Habeas Corpus Pursuant to U.S.C. Section 2241, Seeking An Order Directing the Bureau of Prisons to Apply First Step Act ('FSA') Earned Time Credits ('ETC') to My Sentence Pursuant to 18 U.S.C. Section 3632(d)(4)(c)." The Court received the [ECF No. 3] filing fee on April 24, 2023. The government is ORDERED to file an Answer to the Petition on or before May 16, 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 May 30, 2023. 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 JILL A. OTAKE)(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 3 Filing fee received: $ 5.00, Receipt number 276 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 4/6/2023. (jni)
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| Filing 1 WRIT OF HABEAS CORPUS Pursuant to U.S.C. Section 2241, Seeking an Order Directing the Bureau of Prisons to Apply First Step Act ("FSA") Earned Time Credits ("ETC") to My Sentence Pursuant to 18 U.S.C. Section 3632(d)(4)(c); Exhibit A - filed by Maria Fonseca. (Attachments: #1 Exhibit A, #2 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 4/6/2023. Additionally, an Application to Proceed in Forma Paupers, and its instructions, are included in the mailing to Petitioner. (jni) |
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| Petitioner: Maria Fonseca | |
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| Respondent: Estela Derr | |
| Represented By: | Harry Yee |
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