Parent v. Iriarte et al
| Jeffrey Parent |
| Natasha Iriarte, Phoebe Kaho'okaulana and Michael Hoffman |
| Litigation Coordinator, State of Hawaii |
| 1:2023cv00274 |
| July 3, 2023 |
| US District Court for the District of Hawaii |
| LESLIE E KOBAYASHI |
| KENNETH J MANSFIELD |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| None |
Docket Report
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| Filing 5 CLERK'S JUDGMENT entered on 8/15/2023 pursuant to ECF Nos. #3 , #4 . (eta) |
| Filing 4 EO: A district court may dismiss sua sponte an action for failure to comply with court rules or orders or to prosecute the action. See Fed. R. Civ. P. 41(b); Link v. Wabash R.R. Co., 370 U.S. 626, 63031 (1962); Hells Canyon Pres. Council v. U.S. Forest Serv., 403 F.3d 683, 689 (9th Cir. 2005). In determining whether dismissal is appropriate, district courts consider the following five factors: (1) the publics interest in expeditious resolution of litigation; (2) the courts need to manage its docket; (3) the risk of prejudice to the defendants; (4) the public policy favoring disposition of cases on their merits; and (5) the availability of less drastic sanctions. Applied Underwriters, Inc. v. Lichtenegger, 913 F.3d 884, 890 (9th Cir. 2019). On July 5, 2023, the Court mailed to Plaintiff a Deficiency Order [ECF No. #3 ]. The Court instructed Plaintiff to pay the filing fee or to submit a complete Application to Proceed In Forma Pauperis by a Prisoner on or before July 31, 2023. The Court also warned Plaintiff that failing to follow this instruction would result in automatic dismissal of this action without prejudice. Plaintiff failed to pay the filing fee or submit a complete in forma pauperis application by the July 31 deadline. The Court finds that the relevant factors support dismissal of this action. The public's interest in expeditious resolution of this litigation strongly favors dismissal, as does the Courts need to manage its docket. See Pagtalunan v. Galaza, 291 F.3d 639, 642 (9th Cir. 2002). Moreover, allowing this action to sit idle would prejudice Defendants. See Yourish v. Cal. Amplifier, 191 F.3d 983, 99192 (9th Cir. 1999) ("Plaintiffs' paltry excuse for his default on the judge's order indicates that there was sufficient prejudice to Defendants from the delay that this factor also strongly favors dismissal."). Finally, there are currently no less drastic alternatives available. The Court recognizes that the public policy favoring disposition of cases on their merits weighs against dismissal. Nevertheless, considering the totality of the circumstances and because the other factors favor dismissal, this factor is outweighed. The Clerk is DIRECTED to: (1) ENTER JUDGMENT in favor of the Defendants and against Plaintiff, dismissing this action without prejudice; and (2) CLOSE the case. (JUDGE LESLIE E. KOBAYASHI)(afe)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) |
| COURT'S CERTIFICATE of Service - a copy of #4 Entering Order and #5 Clerk's Judgment shall be served by First Class Mail to Jeffrey Parent at the address of record on August 16, 2023. Registered Participants of CM/ECF received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). (eta) |
Filing 3
DEFICIENCY ORDER - Signed by CHIEF JUDGE DERRICK K. WATSON on 7/3/2023. (eta)COURT'S CERTIFICATE OF SERVICE - Jeffrey Parent has been served by First Class Mail to the address of record listed on the Notice of Electronic Filing (NEF) on July 5, 2023. A blank Application to Proceed In Forma Pauperis by a Prisoner, its instructions and a file-stamped copy of the Complaint were included in the mailing to Plaintiff.
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| Filing 2 Letter to Clerk from Jeffrey Parent regarding filing fee, June 27, 2023. (eta) |
| Filing 1 Verified COMPLAINT for Damages and Injunctive Relief against All Defendants - filed by Jeffrey Parent. (Attachments: #1 Mailing Documentation)(eta) |
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