Depaepe v. State of Hawaii

D. Hawaii

Depaepe v. State of Hawaii

DecidedNovember 5, 2019

Docket1:19-cv-00566

StatusUnknown

This text of Depaepe v. State of Hawaii (Depaepe v. State of Hawaii) is published on Counsel Stack Legal Research, covering District Court, D. Hawaii primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Depaepe v. State of Hawaii, (D. Haw. 2019).

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THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF HAWAII

SEAN P. DEPAEPE, ) CIV. NO. 19-00566 JAO-KJM ) Petitioner, ) ORDER DENYING REQUEST TO ) PROCEED IN FORMA PAUPERIS vs. ) ) STATE OF HAWAII, ) ) Respondent. ) _______________________________ ) Before the Court is Petitioner Sean P. DePaepe’s Declaration in Support of Request to Proceed In Forma Pauperis (“IFP Application”). ECF No. 2. As a prisoner, DePaepe’s IFP Application lacks: (1) certification by prison officials regarding the amount currently in his account; and (2) an account statement for the preceding six months showing all deposits and withdrawals during that period. See 28 U.S.C. § 1915(a)(2). The IFP Application is therefore DENIED as incomplete. DePaepe is DIRECTED to submit a complete IFP Application that contains the information listed above on or before November 25, 2019. Failure to timely do so will result in automatic dismissal of this suit without prejudice. See Fed. R. Civ. P. 41(b); see also Olivares v. Marshall, 59 F.3d 109, 112 (9th Cir. 1995). The Court will take no action on DePaepe’s submissions in this case until he has either paid the filing fee or is granted IFP status. The Clerk is DIRECTED to send DePaepe an Application to Proceed In Forma Pauperis by a Prisoner so that he can comply with this Order. IT IS SO ORDERED. DATED: Honolulu, Hawai‘i, November 5, 2019.

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Depaepe vy. State, No. 1:19-cv-00566 JAO-KJM; ifp ‘19 DePaepe 19-566 (incompl; habeas)

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THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF HAWAII

SEAN P. DEPAEPE, ) CIV. NO. 19-00566 JAO-KJM ) Petitioner, ) ORDER DENYING REQUEST TO ) PROCEED IN FORMA PAUPERIS vs. ) ) STATE OF HAWAII, ) ) Respondent. ) _______________________________ ) Before the Court is Petitioner Sean P. DePaepe’s Declaration in Support of Request to Proceed In Forma Pauperis (“IFP Application”). ECF No. 2. As a prisoner, DePaepe’s IFP Application lacks: (1) certification by prison officials regarding the amount currently in his account; and (2) an account statement for the preceding six months showing all deposits and withdrawals during that period. See 28 U.S.C. § 1915(a)(2). The IFP Application is therefore DENIED as incomplete. DePaepe is DIRECTED to submit a complete IFP Application that contains the information listed above on or before November 25, 2019. Failure to timely do so will result in automatic dismissal of this suit without prejudice. See Fed. R. Civ. P. 41(b); see also Olivares v. Marshall, 59 F.3d 109, 112 (9th Cir. 1995). The Court will take no action on DePaepe’s submissions in this case until he has either paid the filing fee or is granted IFP status. The Clerk is DIRECTED to send DePaepe an Application to Proceed In Forma Pauperis by a Prisoner so that he can comply with this Order. IT IS SO ORDERED. DATED: Honolulu, Hawai‘i, November 5, 2019.

Depaepe vy. State, No. 1:19-cv-00566 JAO-KJM; ifp ‘19 DePaepe 19-566 (incompl; habeas)

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