Monical v. Winters et al
| Bradley William Monical |
| Anderson, Sgt. Beane, Deputy Clark, Dennis Doe, Sgt. Doe 1, Deputy Doe 1, Jane Doe 1, John Doe 1, Sgt. Doe 2, Deputy Doe 2, Jane Doe 2, Jane Doe 3, Corey Falls, Deputy Hamilton, Deputy Higgins, Deputy Jane Kennedy, Lt. Pendland, Deputy Reese, Deputy Jane Walker and Sheriff Mike Winters |
| 1:2017cv00476 |
| March 24, 2017 |
| US District Court for the District of Oregon |
| Medford (1) Office |
| Youlee Yim You |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| Plaintiff |
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Available Case Documents
The following documents for this case are available for you to view or download:
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Filing
317
OPINION AND ORDER: Defendants' motion for summary judgment (ECF 232 ) as to plaintiff's access to courts claim is granted. Plaintiff's motion for summary judgment (ECF 247 ) as to plaintiff's access to courts claim is denied. IT IS SO ORDERED. DATED May 23, 2023, by United States Magistrate Judge Judge Youlee Yim You.(Deposited in outgoing mail to pro se party on 5/23/2023.) (pjg)
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Filing
294
OPINION AND ORDER: Defendants' motion for summary judgment (ECF 232 ) is GRANTED and plaintiff's motion for summary judgment (ECF 247 ) is DENIED as to plaintiff's claims regarding conditions of confinement, First Amendmen t violations, and the denial of due process. Those claims are dismissed without prejudice because plaintiff failed to exhaust the available administrative remedies before filing suit. The motions for summary judgment remain pending as to plain tiffs' access to the courts claim. Plaintiff's failure to exhaust this claim is excused because he was prevented from filing a grievance form and starting the administrative process. The parties are ordered to submit supplemental briefing t hat addresses only the following issues related to plaintiff's access to the courts claim: 1) plaintiff's claim that defendants prevented him from bringing a suit for post-conviction relief under state law regarding Coos County case #11CR05 81; (2) plaintiff's claim that defendants prevented him from bringing a suit for federal habeas relief or post-conviction relief under state law regarding Jackson County case #113373FE; and (3) what remedy, if any, would plaintiff be entitled to if he were to prevail on any or all of the surviving access to courts claims. A supplemental briefing schedule will be entered in a separate order. Defendants' motion (ECF 274 ) to strike the declaration of Fredrick Charles West (ECF 250 ) in support of plaintiff's motion for summary judgment is denied as moot. IT IS SO ORDERED. Signed on 12/16/2022 by Magistrate Judge Youlee Yim You. (Deposited in outgoing mail to pro se party on 12/16/2022.) (pvh)
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Filing
226
ORDER: Monical has failed to meet the high standard for withdrawing consent to magistrate jurisdiction and so his motion 201 is DENIED. This matter properly remains before Judge You for resolution of Monical's claims. Signed on 8/30/2021 by Judge Ann L. Aiken. (Deposited in outgoing mail to pro se party on 8/30/2021.) (ck)
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Filing
188
OPINION AND ORDER. Signed on 3/23/2021 by Magistrate Judge Youlee Yim You. (Deposited in outgoing mail to pro se party on 3/23/2021.) (pvh)
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Filing
141
OPINION AND ORDER. Defendants' motions to dismiss (ECF ## 77 , 110 , 116 ) are granted in part and denied in part, and plaintiff's motion (ECF ## 107 ) is denied. Plaintiff may file an amended complaint curing the deficiencies set forth in this order within 30 days. Failure to do so will result in dismissal of this case. IT IS SO ORDERED. Signed on 2/5/2020 by Magistrate Judge Youlee Yim You. (Mailed to Pro Se party on 2/5/2020.) (pvh)
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