Pang et al v. Yi

Filing 11

ORDER DECLINING TO ADOPT THE 10 MAGISTRATE'S FINDINGS AND RECOMMENDATION TO DENY PLAINTIFFS' 9 MOTION FOR EXPEDITED RECONSIDERATION: "...the Court declines to adopt the Magistrate's Findings and Recommendation to Deny Plain tiffs' Motion for Expedited Reconsideration and sets aside the Judgment dismissing the action. Plaintiffs have until July 2, 2012 to remit the appropriate filing fee or refile a complete Application to Proceed Without Prepayment of Fees or Costs . Failure to do so may result in a dismissal of this action with prejudice. IT IS SO ORDERED." Signed by JUDGE DAVID ALAN EZRA on June 20, 2012. (bbb, )CERTIFICATE OF SERVICEParticipants registered to receiv e electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF HAWAII
Wellington Yee Yun Pang and
Andrea Janet Pang,

)
)
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Plaintiff(s),
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vs.
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Kwang Sok Yi,
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Defendant(s).
)
_____________________________ )

1:12-CV-00097-DAE-BMK

ORDER DECLINING TO ADOPT THE MAGISTRATE’S FINDINGS AND
RECOMMENDATION TO DENY PLAINTIFFS’ MOTION
FOR EXPEDITED RECONSIDERATION
On February 16, 2012, Plaintiffs Wellington Yee Yun Pang and
Andrea Janet Pang, proceeding pro se, commenced this action and filed an
Application To Proceed Without Prepayment of Fees or Costs (“Application”).
(Doc. # 3.) On February 27, 2012, United States Magistrate Judge Barry M.
Kurren denied Plaintiffs’ Application because it was “incomplete and fail[ed] to
provide the Court with enough information to determine if Plaintiffs financially
qualify to proceed in forma pauperis.” (Doc. # 4.). However, the Court granted
Plaintiffs leave to file another Application or to remit the appropriate filing fee by
March 20, 2012. (Id.) Plaintiffs did not file another Application To Proceed
Without Prepayment of Fees or Costs or pay the filing fee for the case by the
deadline. On March 23, 2012, Magistrate Judge Kurren issued a Findings and

Recommendation that the action be dismissed for failure to pay the filing fee.
(Doc. # 6.) On April 18, 2012, having received no objections, this Court issued an
Order Adopting the Findings and Recommendation (doc. # 7), and the Court Clerk
entered Judgment dismissing the action.
On May 21, 2012, Plaintiffs filed a Motion for Expedited
Reconsideration of the Judgment. (Doc. # 9.) On May 30, 2012, Magistrate Judge
Kurren filed the instant Findings and Recommendation to Deny Plaintiffs’ Motion
for Expedited Reconsideration, stating that Plaintiffs provide no basis for
reconsidering the Court’s entry of Judgment. (Doc. # 10.)
The Court agrees that Plaintiffs have not clearly provided a basis for
reconsideration,1 and notes that no objections to the Findings and Recommendation
to Deny Plaintiffs’ Motion for Expedited Reconsideration have been timely filed.
However, upon review of the record, the Court finds that Plaintiffs were not
provided notice that failure to timely refile an Application or pay the filing fee
would result in dismissal of their action. Therefore, the Court declines to adopt the
Magistrate’s Findings and Recommendation to Deny Plaintiffs’ Motion for
Expedited Reconsideration and sets aside the Judgment dismissing the action.

1

In their Motion for Expedited Reconsideration, Plaintiffs state without
elaborating that “[t]he U.S. DISTRICT COURT OF HAWAII DID NOT SEND
ANY MAIL AND PLAINTIFF DID NOT RECEIVE ANY MAIL.” However, the
court docket reflects Certificate of Service for all Court orders and Findings and
Recommendations in this case.
2

Plaintiffs have until July 2, 2012 to remit the appropriate filing fee or refile a
complete Application to Proceed Without Prepayment of Fees or Costs. Failure to
do so may result in a dismissal of this action with prejudice.
IT IS SO ORDERED.
DATED: Honolulu, Hawaii, June 20, 2012.

_____________________________
David Alan Ezra
United States District Judge

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