Burnell v. Timinski et al

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF HAWAII
FANIQUE BURNELL,
Plaintiff,
vs.
BEVERLY A. TIMINSKI,
MICHAEL T. ROBINSON,
Defendants.
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26-CV-00046-HG-KJM
ORDER ADOPTING WITH MODIFICATION THE MAGISTRATE JUDGE’S FINDINGS
AND RECOMMENDATION TO (1) DISMISS COMPLAINT WITH LEAVE TO AMEND
AND (2) DENY APPLICATION TO PROCEED IN DISTRICT COURT WITHOUT
PREPAYING FEES OR COSTS (ECF No. 18)
On March 9, 2026, the Magistrate Judge filed the Findings
and Recommendation. (ECF No. 18). No written objections to the
proposed Findings and Recommendation have been filed by any
party.
Documents sent to Plaintiff's address of record, to include
the proposed Magistrate Judge’s Findings and Recommendation, have
been returned to the Court as undeliverable. Plaintiff has not
filed a Notice of Change of Address indicating his current
address for service.
IT IS HEREBY ORDERED AND ADJUDGED that, pursuant to Title
28, United States Code, Section 636(b)(1)(C) and Local Rule 74.1,
the Findings and Recommendation to (1) Dismiss Complaint with
Leave to Amend and (2) Deny Application to Proceed in District
Court Without Prepaying Fees or Costs (ECF No. 18) is ADOPTED
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WITH MODIFICATION as the Order of this Court.
MODIFICATION:
PROCEDURAL HISTORY
On February 17, February 27, and March 2, 2026, documents
previously served by the Court via First Class Mail to
Plaintiff’s address of record were returned to the Court as
undeliverable. (ECF Nos. 13, 15, 16).
On March 6, 2026, the Magistrate Judge issued an Order
directing Plaintiff to review and comply with Rule 83.1(e) of the
Local Rules regarding change of address and contact information.
(ECF No. 17).
On March 9, 2026, the Magistrate Judge issued the Findings
and Recommendation to (1) Dismiss Complaint with Leave to Amend
and (2) Deny Application to Proceed in District Court Without
Prepaying Fees or Costs. (ECF No. 18).
On March 9, 2026, the Findings and Recommendation was served
by First Class Mail to Plaintiff’s address of record. (Id.)
On March 16 and March 24, 2026, the Findings and
Recommendation and other documents served by First Class Mail to
Plaintiff’s address of record were returned to the Court as
undeliverable. (ECF Nos. 19, 20, 22).
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ANALYSIS
Rule 83.1(e) of the Local Rules of Practice for the United
States District Court for the District of Hawaii requires a
self-represented litigant to file notice with the Court if his
contact information changes. This includes changes to an email
address, post office box, physical mailing address, fax number,
or telephone number. The litigant must file a Notice of Change
of Address. He must serve the Notice on all other parties. The
litigant must do this within fourteen days of any change to his
contact information.
Failure to comply with this rule may result in sanctions.
See, e.g., LR11.1; LR81.1(a); LR83.1(e)(2). Sanctions may
include fines, dismissal of the case, or entry of judgment.
CONCLUSION
1. The Court DIRECTS Plaintiff to review and comply with Rule
83.1(e) of the Local Rules of Practice for the United States
District Court for the District of Hawaii regarding change
of address and contact information. Plaintiff MUST FILE a
Notice of Change of Address with the Court. Plaintiff must
serve the Notice on all other parties.
2. The Complaint (ECF No. 1) is DISMISSED. Plaintiff is
granted leave to file an Amended Complaint that cures all
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deficiencies identified in the Findings and Recommendation
on or before Friday, May 1, 2026.
3. The Application to Proceed Without Prepayment of Costs (ECF
No. 9) is DENIED. Plaintiff is granted leave to file
another Application to Proceed Without Prepayment of Costs
if Plaintiff chooses to file an Amended Complaint.
4. Failure to file an Amended Complaint and an Application to
Proceed Without Prepayment of Costs in full conformance with
the Federal Rules of Civil Procedure, the District of Hawaii
Local Rules, and the Orders of this Court on or before the
deadline will result in the automatic dismissal of this
action.
IT IS SO ORDERED.
Dated: Honolulu, Hawaii, March 31, 2026.
Fanique Burnell v. Beverly A. Timinski, Michael T. Robinson;
26-cv-00046-HG-KJM; Order Adopting With Modification the Findings
and Recommendation (1) Dismiss Complaint with Leave to Amend and
(2) Deny Application to Proceed in District Court Without
Prepaying Fees or Costs (ECF No. 18).
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