Gantt et al v. Penny Mac Corp et al
| Paul Gantt and Edna Gantt |
| Penny Mac Corp, Cades Schutte LLP, Patricia J. McHenry and Darene K. Matsuka |
| 1:2024cv00115 |
| March 8, 2024 |
| US District Court for the District of Hawaii |
| WES REBER PORTER |
| MICAH WJ SMITH |
| Real Property: Foreclosure |
| 28 U.S.C. § 1345 Foreclosure |
| Plaintiff |
Docket Report
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This docket was last retrieved on May 1, 2024. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 14 Letter to Chief Judge Derrick K. Watson from Paul Gantt regarding request to have Penny Mac return property, dated May 1, 2024. (eta) |
| Filing 13 Letter to Chief Judge Derrick K. Watson from Paul Gantt regarding WaMu loans, dated May 1, 2024. (eta) |
| Filing 12 Letter to Chief Judge Derrick K. Watson from Paul Gantt, dated May 1, 2024, regarding "Order Denying Defendants Paul Hugo Gantt and Edna Gantt's Motion to Set Aside Foreclosure Judgment, filed June 14, 2023 [Dkt. 106]", in case CV 13-1-0166, filed in the Circuit Court of the Fifth Circuit, State of Hawaii. (Attachments: #1 Mailing Documentation) (eta) |
| Filing 11 CLERK'S JUDGMENT entered on 4/23/2024 pursuant to ECF Nos. #5 , 10 . (eta)COURT'S CERTIFICATE OF SERVICE - Paul and Edna Gantt shall be served by First Class Mail to the address of record listed on the Notice of Electronic Filing (NEF) on April 24, 2024. A copy of ECF No. 10 Entering Order shall be included in the mailing to Plaintiffs. Modified on 4/23/2024 (eta). |
| Filing 10 EO: On March 12, 2024, the Court issued an Order Denying Application to Proceed in District Court Without Prepaying Fees or Costs. ECF No. 5. The Court ordered Plaintiffs to either file a completed in forma pauperis application or pay the civil filing fee by March 26, 2024, and warned Plaintiffs that failure to do so by the deadline "may result in dismissal without further consideration of the merits of this case and without further notice." Id. at PageID.11-12. On March 27, 2024, the Court received a letter request for an extension of time from Plaintiff Paul Gantt, ECF No. 6, and accordingly, extended Plaintiffs' deadline to file a new in forma pauperis application or pay the civil filing fee to April 16, 2024, ECF No. 7. Although the Court again cautioned Plaintiffs about dismissal of the action if the deadline was not met, see id., Plaintiffs still did not timely submit a completed in forma pauperis application or pay the civil filing fee. Accordingly, this action is DISMISSED without prejudice for failure to prosecute and failure to comply with a Court order. See Fed. R. Civ. P. 41(b); Hells Canyon Pres. Council v. U.S. Forest Serv., 403 F.3d 683, 689 (9th Cir. 2005). The Clerk of Court is DIRECTED to close this case. IT IS SO ORDERED. (JUDGE MICAH W.J. SMITH)(rls)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 9 EO: In light of the #5 7 Orders, the Court CONTINUES the Telephonic Rule 16 Scheduling Conference from 5/6/2024 to 7/16/2024 at 8:30 AM before MAGISTRATE JUDGE WES REBER PORTER via Zoom: Dial in number: 1-833-568-8864; Meeting ID: 161 0084 2470. (MAGISTRATE JUDGE WES REBER PORTER) (jo)COURT'S CERTIFICATE OF SERVICE - Paul and Edna Gantt will be served by First Class Mail to the address of record listed on the Notice of Electronic Filing on April 10, 2024. |
| Filing 8 EO: The Court DENIES Plaintiff Paul Gantt's #6 request for pro bono counsel. Generally, a civil litigant has no right to counsel. See Palmer v. Valdez, 560 F.3d 965, 970 (9th Cir. 2009). "However, a court may under 'exceptional circumstances' appoint counsel for indigent civil litigants pursuant to 28 U.S.C. 1915(e)(1)." Id. (citing Agyeman v. Corr. Corp. of Am., 390 F.3d 1101, 1103 (9th Cir. 2004)). In determining whether "exceptional circumstances" exist, courts consider "the likelihood of success on the merits as well as the ability of the [plaintiff] to articulate his claims pro se in light of the complexity of the legal issues involved." Id. (quoting Weygandt v. Look, 718 F.2d 952, 954 (9th Cir. 1983)). Here, Mr. Gantt has not addressed the applicable standard set forth above to warrant pro bono counsel in this case. Additionally, Mr. Gantt has not demonstrated in forma pauperis status and, therefore, he is not eligible for court-appointed pro bono counsel under Section 1915(e)(1). See Hopkins v. Rsch. Corp. of Univ. of Hawaii, No. CV 19-00054 JMS-KJM, 2019 WL 1292290, at *2 (D. Haw. Mar. 20, 2019) (denying motion for appointment of counsel based on this factor alone). (MAGISTRATE JUDGE WES REBER PORTER) (jo)COURT'S CERTIFICATE OF SERVICE - Paul and Edna Gantt have been served by First Class Mail to the address of record listed on the Notice of Electronic Filing (NEF) on April 4, 2024. |
| Filing 7 EO: On March 12, 2024, the Court issued an #5 order denying Plaintiffs' application to proceed in district court without prepaying fees or costs. In that order, the Court stated that if "Plaintiffs wish to proceed in this action, they must either pay the civil filing fee or file a new complete IFP application by March 26, 2024." ECF No. 5, at PageID.11.The Court received Plaintiff Paul Gantt's #6 letter request on March 27, 2024. Gantt requests "more time to put all of [his] 8 civil cases together and mail them all at the same time." ECF No. 6, at PageID.13. Gantt also requests "a Pro-Bono attorney to represent [him]." Id.The Court construes Gantt's #6 request for more time to put together his cases as a request for additional time to file a new IFP application or pay the civil filing fee, and GRANTS Gantt's request. The Court extends Plaintiffs' deadline to April 16, 2024. The Court cautions Plaintiffs that failure to file a complete application to proceed in forma pauperis or to pay the civil filing fee by April 16, 2024, may result in dismissal without further consideration of the merits of this case and without further notice. The Court refers the #6 request for pro bono counsel to the Magistrate Judge assigned to this case. IT IS SO ORDERED. (JUDGE MICAH W.J. SMITH)(rls)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 6 REQUEST for Additional Time to Put Civil Cases Together; REQUEST for Pro Bono Counsel - by Plaintiff Paul Gantt (Attachments: #1 Mailing Documentation)(eta) Modified on 3/27/2024 to limit access to case participants and the court due to disclosure of personal identifiers (eta). |
Filing 5
ORDER DENYING APPLICATION TO PROCEED IN DISTRICT COURT WITHOUT PREPAYING FEES OR COSTS re #2 - Signed by JUDGE MICAH W.J. SMITH on 3/12/2024. Should Plaintiffs wish to proceed in this action, they must either pay the civil filing fee or file a new complete IFP application by March 26, 2024. Should Plaintiffs choose to complete a new IFP application, they must fully answer all questions, including specifying the amount of their disability or worker's compensation payments, noting any money they may have in cash or in a checking or savings account, listing items of value they own, and providing any recurring monthly expenses, contributions towards dependents, and debts or financial obligations. The Court cautions Plaintiffs that failure to file a complete application to proceed in forma pauperis or to pay the civil filing fee by March 26, 2024, may result in dismissal without further consideration of the merits of this case and without further notice. The Clerk of Court is DIRECTED to mail Plaintiffs a blank Application to Proceed in District Court without Prepaying Fees or Costs (AO 240). (eta)COURT'S CERTIFICATE OF SERVICE - Paul and Edna Gantt have been served by First Class Mail to the address of record listed on the Notice of Electronic Filing (NEF) on March 12, 2024. A blank Application to Proceed in District Court Without Prepaying Fees or Costs (AO 240) shall be included in the mailing to Plaintiffs.
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| Filing 4 Summons (Proposed) by Edna Gantt, Paul Gantt.(cgc) |
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Filing 3
Order Setting Telephonic Rule 16 Scheduling Conference is set for 09:00AM on 5/6/2024 before MAGISTRATE JUDGE WES REBER PORTER - Signed by CHIEF JUDGE DERRICK K. WATSON on 03/08/2024. (cgc) COURTS CERTIFICATE OF SERVICE - Non-Registered CM/ECF Participants have been at the Clerk's office service counter. 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 APPLICATION to Proceed In District Court Without Prepaying Fees or Costs by Plaintiffs Edna Gantt, Paul Gantt. (cgc) |
| Filing 1 COMPLAINT against All Defendants; Jury Trial Requested - filed by Paul Gantt, Edna Gantt. (Attachments: #1 Civil Cover Sheet, #2 Mailing Envelope)(cgc) |
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