Spies v. State of Hawaii et al
| Mary N. Spies |
| State of Hawaii, United States of America and Others |
| 1:2023cv00295 |
| July 14, 2023 |
| US District Court for the District of Hawaii |
| KENNETH J MANSFIELD |
| J MICHAEL SEABRIGHT |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State) |
| None |
Docket Report
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| Filing 5 Mail Returned as Undeliverable re: ECF 3 , #4 . Mail sent to Mary N. Spies, Kona Post Office, General Delivery, Mokupuni Hawaii, Ko Hawaii Pae Aina. H. I., HI, returned by third-party mail service. Documents re-sent to same address and emailed to email address from initial filing documents. (jni) |
| Filing 4 CLERK'S JUDGMENT entered on 8/25/2023 pursuant to ECF Nos. #2 & 3 . (eta) |
| Filing 3 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 public's interest in expeditious resolution of litigation; (2) the court's 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 17, 2023, the court sent to Petitioner a Deficiency Order ECF No. #2 . The court instructed Petitioner to pay the filing fee associated with this action or to submit a complete in forma pauperis application on or before August 11, 2023. The court also warned Petitioner that failing to follow this instruction would result in automatic dismissal of this action without prejudice. Petitioner has failed to pay the filing fee or to submit a complete in forma pauperis application. 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 court's 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 Respondents. 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 Respondents and against Petitioner, dismissing this action without prejudice; and (2) CLOSE the case. 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) |
| COURT'S CERTIFICATE of Service - a copy of 3 Entering Order and #4 Clerk's Judgment have served by First Class Mail to Mary N. Spies at the address of record on August 25, 2023. Registered Participants of CM/ECF received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). (eta) |
| COURT'S CERTIFICATE of Service - a copy of #1 Petition for Writ of Habeas Corpus, and #2 Deficiency Order, was served by email to kanaka-maoli-2020@outlook.com on 7/17/2023. Additionally, a blank IFP form was including in the mailing to petitioner. (jni) |
Filing 2
DEFICIENCY ORDER re #1 - Signed by CHIEF JUDGE DERRICK K. WATSON on 7/14/2023. (jni)
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| Filing 1 PETITION for Writ of Habeas Corpus - filed by Mary N. Spies. (Attachments: #1 Affidavit of Petitioner in Support of Habeas Corpus)(jni) |
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