Favor v. Heyman et al
| Brandon Favor |
| Paul Roger Heyman, Roman Reigns, Jay Uso and Jimmy Uso |
| 1:2023cv00622 |
| December 26, 2023 |
| US District Court for the District of Hawaii |
| LESLIE E KOBAYASHI |
| ROM TRADER |
| Prisoner: Civil Rights |
| 28 U.S.C. ยง 1331 Federal Question: Bivens Act |
| None |
Docket Report
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Filing 6
ORDER REOPENING CASE AND ORDER TO SHOW CAUSE - Signed by JUDGE LESLIE E. KOBAYASHI on 2/13/2024. 1. The Clerk is DIRECTED to reopen this case. 2. Favor is ORDERED to show cause in writing on or before March 12, 2024, why he is entitled to proceed without prepayment of the full $405.00 fee. Failure to do so will result in dismissal of this action without further notice. (eta)COURT'S CERTIFICATE OF SERVICE - Brandon Favor has been served by First Class Mail to the address of record listed on the Notice of Electronic Filing (NEF) on February 13, 2024.
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| Filing 5 APPLICATION to Proceed In Forma Pauperis by a Prisoner - by Plaintiff Brandon Favor (Attachments: #1 Mailing Documentation)(eta) |
| Filing 4 CLERK'S JUDGMENT entered on 2/6/2024 pursuant to ECF Nos. #2 , #3 . (eta)COURT'S CERTIFICATE OF SERVICE - Brandon Favor shall be served by First Class Mail to the address of record listed on the (NEF) Notice of Electronic Filing (NEF) on February 7, 2024. A copy of ECF No. #3 Entering Order shall be included in the mailing to Plaintiff. |
| 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 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 December 27, 2023, the Court mailed to Plaintiff a Deficiency Order [ECF No. 2]. 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 January 22, 2024. The Court 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 January 22, 2024 deadline.The Court finds that the relevant factors support dismissal of this action. The publics 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 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 the Defendants and against Plaintiff, dismissing this action without prejudice; and (2) CLOSE the case. IT IS SO ORDERED. (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) |
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Filing 2
DEFICIENCY ORDER - Signed by CHIEF JUDGE DERRICK K. WATSON on 12/26/2023. (eta) COURT'S CERTIFICATE OF SERVICE - Brandon Favor shall be served by First Class Mail to the address of record listed on the Notice of Electronic Filing (NEF) on December 27, 2023. A blank Application to Proceed In Forma Pauperis by a Prisoner form, instructions and a file-stamped copy of the Complaint shall be included in the mailing to Plaintiff.
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| Filing 1 PRISONER CIVIL RIGHTS COMPLAINT against All Defendants - filed by Brandon Favor. (Attachments: #1 Mailing Documentation)(eta) |
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