Wallace v. Wilmington Savings Fund Society, FSB et al
| Paul Wallace |
| Wilmington Savings Fund Society, FSB Not in Individual Capacity But Solely as Trustee for SC Park Lane 2 Trust 2019-1 doing business as Christiana Trust, Jason Cotton, Charles Prather, Paul Hamano, Peter K. Kubota, Jeffrey Hawk and CEO Josh Green |
| 1:2024cv00085 |
| February 21, 2024 |
| US District Court for the District of Hawaii |
| KENNETH J MANSFIELD |
| DERRICK K WATSON |
| Real Property: Foreclosure |
| 15 U.S.C. ยง 1692 Fair Debt Collection Act |
| None |
Docket Report
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This docket was last retrieved on April 5, 2024. A more recent docket listing may be available from PACER.
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| Filing 5 CLERK'S JUDGMENT entered on 4/5/2024 pursuant to ECF Nos. #2 , 4 . (eta)COURT'S CERTIFICATE OF SERVICE - Paul Wallace has been served by First Class Mail to the address of record listed on the Notice of Electronic Filing (NEF) on April 5, 2024. A copy of ECF No. 4 Entering Order was included in the mailing to Plaintiff. |
| Filing 4 EO: On February 21, 2024, Plaintiff Paul Wallace filed a Complaint for "Wrongful Foreclosure and Deprivation of Rights." Dkt. No. #1 . As Wallace failed to pay the civil filing fee or file an application to proceed in forma pauperis ("IFP Application), the Court issued a deficiency order that same day. Dkt. No. #2 . Therein, the Court informed Wallace that he must submit either the $405 filing fee or an IFP application within 28 days - i.e., by March 20, 2024. Id. at 1. The Court further warned Wallace that failure to follow these instructions would result in the automatic dismissal of this action. Id. at 1-2. Nevertheless, Wallace failed to comply. Federal courts have the authority to dismiss cases sua sponte for failure to prosecute or failure to comply with court orders. See Fed. R. Civ. P. 41(b); Link v. Wabash R.R. Co., 370 U.S. 626, 630 31 (1962). In doing so, the Court must weigh 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 defendants/respondents; (4) the availability of less drastic alternatives; and (5) the public policy favoring disposition of cases on their merits." Pagtalunan v. Galaza, 291 F.3d 639, 642 (9th Cir. 2002) (citing Ferdik v. Bonzelet, 963 F.2d 1258, 1260-61 (9th Cir. 1992)). Here, the Court finds that the relevant factors support dismissal of this case. The public's interest in expeditious resolution of this litigation strongly favors dismissal, as does the Court's need to manage its docket. See id.; Yourish v. California Amplifier, 191 F.3d 983, 990 (9th Cir. 1999). Moreover, allowing this action to sit idle would prejudice Defendants. See Yourish, 191 F.3d at 991-92 (finding risk of prejudice to defendants where plaintiffs unreasonably delayed their response to the judge's order). Finally, the Court has already provided Wallace with less drastic alternatives to no avail. See Ferdik, 963 F.2d at 1262 (explaining "a district court's warning to a party that his failure to obey the court's order will result in dismissal can satisfy the 'consideration of alternatives' requirement."). Although the Court recognizes that the public policy favoring disposition of cases on their merits weighs against dismissal, this factor does not outweigh the other four factors which favor dismissal. See Malone v. U.S. Postal Serv., 833 F.2d 128, 133 n.2 (9th Cir. 1987). Accordingly, this case is DISMISSED WITHOUT PREJUDICE for failure to remit the filing fee or submit an IFP application pursuant to the Court's February 21, 2024 deficiency order. The Clerk is directed to CLOSE this case. 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 3
Order Setting Telephonic Rule 16 Scheduling Conference is set for 09:30AM on 4/22/2024 before MAGISTRATE JUDGE KENNETH J. MANSFIELD - Signed by CHIEF JUDGE DERRICK K. WATSON on 2/21/2024. (eta)COURT'S CERTIFICATE OF SERVICE - Paul Wallace has been served by email to mrhawaii1@protonmail.com on February 22, 2024.
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Filing 2
DEFICIENCY ORDER - Signed by CHIEF JUDGE DERRICK K. WATSON on 2/21/2024. (eta)COURT'S CERTIFICATE OF SERVICE - Paul Wallace has been served by email to mrhawaii1@protonmail.com on February 22, 2024. A blank Application to Proceed in District Court Without Prepaying Fees or Costs (AO 240) was provided to Plaintiff, along with a file-stamped copy of the Complaint.
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| Filing 1 COMPLAINT (Claim for Damages Under Title 42 1983 and Title 15 US Code & 1692(e) and 1692(f) Deprivation of Rights Under Color of Authority); (Certificate of Mailing attached); Exhibits ("to be filed separately") against All Defendants - filed by Paul Wallace.(eta) |
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