Gouveia v. Lizama
| Roy Joshua Gouveia |
| Steve Lizama |
| Litigation Coordinator, State of Hawaii |
| 1:2023cv00455 |
| November 7, 2023 |
| US District Court for the District of Hawaii |
| Hawaii Office |
| 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 6 Prisoner Mail Returned as Undeliverable re 4 Entering Order, #5 Clerk's Judgment. Mail sent to Roy Joshua Gouveia at Kauai Community Correctional Center returned undelivered (inmate released). (Attachments: #1 ECF No. 4 Entering Order, #2 ECF No. 5 Clerk's Judgment) (eta) |
| Filing 5 CLERK'S JUDGMENT entered on 12/26/2023 pursuant to ECF Nos. #3 , 4 . (eta)COURT'S CERTIFICATE OF SERVICE - Roy Joshua Gouveia has been served by First Class Mail to the address of record listed on the Notice of Electronic Filing (NEF) on December 26, 2023. A copy of ECF No. 4 Entering Order shall be included in the mailing to Plaintiff. Modified on 12/26/2023 (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 November 9, 2023, the Court mailed to Plaintiff an Order Denying Application to Proceed In Forma Pauperis by a Prisoner, ECF No. 2 [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 December 6, 2023. The Court also warned Plaintiff that failing to follow this instruction would result in automatic dismissal of this action without prejudice. It appears that Plaintiff received the Order because it was not returned to the Court as not deliverable. Plaintiff, however, failed to pay the filing fee or 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 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 Defendant. See Yourish v. Cal. Amplifier, 191 F.3d 983, 99192 (9th Cir. 1999) ("Plaintiffs paltry excuse for his default on the judges 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 Defendant and against Plaintiff, dismissing this action without prejudice, but without leave to amend; and (2) CLOSE the case. IT IS SO ORDERED. (CHIEF JUDGE DERRICK K. WATSON)(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) |
Filing 3
ORDER DENYING APPLICATION TO PROCEED IN FORMA PAUPERIS BY A PRISONER, ECF NO. #2 - Signed by CHIEF JUDGE DERRICK K. WATSON on 11/8/2023. (1) Gouveia's Application to Proceed In Forma Pauperis by a Prisoner is DENIED without prejudice as incomplete. (2) Gouveia is DIRECTED to pay the filing fee in full, or to submit a complete IFP Application by December 6, 2023. (3) The Clerk is DIRECTED to send Gouveia an Application to Proceed In Forma Pauperis by a Prisoner to facilitate compliance with this Order. (eta)COURT'S CERTIFICATE OF SERVICE - Roy Joshua Gouveia shall be served by First Class Mail to the address of record listed on the Notice of Electronic Filing (NEF) on November 9, 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; (Inmate Transaction History Report dated October 31, 2023 attached) - by Plaintiff Roy Joshua Gouveia The Certificate is not completed and signed by the institution. (Attachments: #1 copy of envelope containing IFP, #2 Mailing Documentation)(eta) |
| Filing 1 PRISONER CIVIL RIGHTS COMPLAINT against Steve Lizama - filed by Roy Joshua Gouveia. (Attachments: #1 Mailing Documentation)(eta) |
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