McKinney v. Mailroom Officer et al
| Keith McKinney |
| Mailroom Officer, Brandee Agliam and DPS Staff Member |
| Litigation Coordinator, State of Hawaii |
| 1:2023cv00432 |
| October 25, 2023 |
| US District Court for the District of Hawaii |
| KENNETH J MANSFIELD |
| DERRICK K WATSON |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| None |
Docket Report
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| Filing 8 EO: On November 13, 2023, the Court issued an "Order Denying Application to Proceed In Forma Pauperis by a Prisoner, ECF No. 4" [ECF No. 5]. The Court instructed Plaintiff to pay the $402.00 in fees associated with this lawsuit on or before December 11, 2023. On December 6, 2023, the Court received from Plaintiff a letter describing various issues that have prevented him from complying with the Court's instruction [ECF No. 7]. The Court construes Plaintiff's letter as a request for an extension of time to pay the fees. So construed, that request is GRANTED. Plaintiff is DIRECTED to submit $402.00 on or before January 2, 2024. Plaintiff should continue to work with prison officials to make this payment. Failure to pay the fees by the deadline will 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, if Plaintiff chooses not to pay the fees required to proceed with this action, he may file a notice of voluntary dismissal by January 2, 2024. See Fed. R. Civ. P. 41(a)(1)(A)(i). IT IS SO ORDERED. (CHIEF JUDGE DERRICK K. WATSON)(tyk)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 7 RESPONSE to #5 Order Denying Application to Proceed In Forma Pauperis by a Prisoner - by Plaintiff Keith McKinney. (Attachments: #1 Mailing Documentation)(eta) |
| Filing 6 Correspondence dated November 20, 2023 from Keith McKinney regarding payment of filing fee. (Attachments: #1 Mailing Envelope) (jni) |
Filing 5
ORDER DENYING APPLICATION TO PROCEED IN FORMA PAUPERIS BY A PRISONER, ECF NO. #4 - Signed by CHIEF JUDGE DERRICK K. WATSON on 11/13/2023. McKinney is DIRECTED to submit $402.00, representing the civil filing fee and administrative fee for commencing this action, on or before December 11, 2023. Failure to do so will 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, if McKinney chooses not to pay the indicated fees in order to proceed with this action, he may file a notice of voluntary dismissal by December 11, 2023. See Fed. R. Civ. P. 41(a)(1)(A)(i). (eta)COURT'S CERTIFICATE OF SERVICE - Keith McKinney has been served by First Class Mail to the address of record listed on the Notice of Electronic Filing (NEF) on November 13, 2023.
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| Filing 4 APPLICATION to Proceed in Forma Pauperis by a Prisoner - by Plaintiff Keith McKinney. (Attachments: #1 Mailing Envelope)(jni) |
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Filing 3
ORDER DENYING APPLICATION TO PROCEED IN FORMA PAUPERIS BY A PRISONER re #2 - Signed by CHIEF JUDGE DERRICK K. WATSON on 10/26/2023. (1) McKinney' Application to Proceed In Forma Pauperis by a Prisoner is DENIED without prejudice as incomplete. (2) McKinney is DIRECTED to pay the filing fee in full, or to submit a complete IFP Application by November 17, 2023. (3) The Clerk is DIRECTED to send McKinney an Application to Proceed In Forma Pauperis by a Prisoner to facilitate compliance with this Order. (eta)COURT'S CERTIFICATE OF SERVICE - Keith McKinney has been served by First Class Mail to the address of record listed on the Notice of Electronic Filing (NEF) on October 26, 2023. A blank Application to Proceed In Forma Pauperis by a Prisoner and its instructions shall be included in the mailing to Plaintiff.
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| Filing 2 APPLICATION to Proceed In Forma Pauperis by a Prisoner - by Plaintiff Keith McKinney Although the Certificate was completed by the institution, a copy of the inmate's prison trust account balance statement was not included with the application. (eta) |
| Filing 1 PRISONER CIVIL RIGHTS COMPLAINT against All Defendants - filed by Keith McKinney. (Attachments: #1 Exhibits, #2 Mailing Documentation)(eta) |
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