Ah Puck v. State of Hawaii Court System et al
| King Hardy Keolama Ah Puck, Jr. |
| State of Hawaii Court System, Brandon L. K. Paredes and Aloha Mart and Gas Station |
| Litigation Coordinator, State of Hawaii |
| 1:2023cv00349 |
| August 21, 2023 |
| US District Court for the District of Hawaii |
| WES REBER PORTER |
| J MICHAEL SEABRIGHT |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2241 Petition for Writ of Habeas Corpus (federal) |
| None |
Docket Report
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| Filing 7 Mail returned as Undeliverable re ECF Nos. #1 , #2 . Mail sent to Hardy Keolama Ah Puck, Jr., Maui Comm. Corr. Ctr., 600 Waiale Drive, Wailuku, HI 96793 returned by USPS - Return to Sender, Unable to Forward. Stamp from facility indicates Hardy Keolama Ah Puck, Jr. was released. Mail re-sent to new address: 141 Hui Rd F Apt B, Lahaina, HI 96761-8826. (jni) |
| Filing 6 CLERK'S JUDGMENT entered on 10/6/2023 in favor of Respondents and against Petitioner, pursuant to ECF 5 Entering Order. COURT'S CERTIFICATE OF SERVICE - Hardy Keolama Ah Puck, Jr. shall be served by First Class Mail to the address of record listed on the Notice of Electronic Filing (NEF) on 10/6/2023. 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). 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 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 August 22, 2023, the court sent to Petitioner an Order Denying Application to Proceed In Forma Pauperis by a Prisoner. ECF No. #3 . The court instructed Petitioner to pay the filing fee associated with this action on or before September 19, 2023. The court also warned Petitioner that failing to follow this instruction could result in automatic dismissal of this action without prejudice. Petitioner failed to pay the filing fee as instructed. 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) |
| Filing 4 NOTICE of Change of Address - by Hardy Keolama Ah Puck, Jr. (Attachments: #1 Mailing Envelope)(jni) |
Filing 3
ORDER DENYING APPLICATION TO PROCEED IN FORMA PAUPERIS BY A PRISONER, ECF NO. #2 - Signed by JUDGE J. MICHAEL SEABRIGHT on 8/22/2023. Given the foregoing, Ah Puck has failed to show that he is unable to pay the $5.00 fee associated with this action. The IFP Application is therefore DENIED. Ah Puck is DIRECTED to submit $5.00, representing the filing fee for commencing this action, on or before September 19, 2023. Failure to do so may result in AUTOMATIC DISMISSAL of this action without prejudice for failure to prosecute or follow a court order. See Fed. R. Civ. P. 41(b). In the ALTERNATIVE, Ah Puck may voluntarily dismiss this action by filing a notice of dismissal. See Fed. R. Civ. P. 41(a)(1)(A)(i). (eta)
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| COURT'S CERTIFICATE of Service - a copy of #3 ORDER DENYING APPLICATION TO PROCEED IN FORMA PAUPERIS BY A PRISONER, ECF NO. 2 shall be served by First Class Mail to Hardy Keolama Ah Puck, Jr. at the address of record on August 23, 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 2 APPLICATION to Proceed in Forma Pauperis by a Prisoner - by Petitioner Hardy Keolama Ah Puck, Jr (Attachments: #1 Mailing Documentation)(eta) |
| Filing 1 PETITION Under 28 U.S.C. 2241 for a Writ of Habeas Corpus - filed by Hardy Keolama Ah Puck, Jr. (Attachments: #1 Mailing Documentation)(eta) |
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