Simmons v. Oregon Dept of Corrections et al
| Ramsey D. Simmons |
| Leonard Williamson, Mr. A. Arnold, Ms. M. Branscomb, E. Carbajal, Mr. Dohrty, Bill Doman, J. Eastwood, P. Garcia, Christina Golden, R. Goldston, Michael Gower, A. Hannon, J. Herrera, Teresa Hicks, Jamie Miller, Mark Nooth, Oregon Dept of Corrections, R. Real, Snake River Correctional Institution, P. Stuart, Mr. Sunquest, Mr. Wallace and Max Williams |
| 2:2011cv01500 |
| December 12, 2011 |
| U.S. District Court for the District of Oregon |
| Pendleton Office |
| Michael H. Simon |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| Plaintiff |
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Filing
92
Opinion and Order - Because ODOC is entitled to sovereign immunity as an instrumentality of the State of Oregon, summary judgment 85 is GRANTED in favor of ODOC. Based on the undisputed evidence before the Court, and drawing all reasonable inferen ces in favor of Plaintiff, Defendants have carried their burden of showing that Plaintiff failed to exhaust all available administrative remedies with respect to claims 4, 6, 7, 8, 9, 10, and 11, and summary judgment on those claims is GRANTED. Defendants have not met their burden with respect to claim 3, and summary judgment on that claim is DENIED. Signed on 8/25/2014 by Judge Michael H. Simon. (mja)
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Filing
84
ORDER - Defendants' motion 74 was filed before the Albino v. Baca decision and is not in conformity with current Ninth Circuit precedent. Therefore, the Court DISMISSES WITHOUT PREJUDICE Defendants' Partial Unenumerated Rule 12(b) Motion to Dismiss 74 . The Court grants Defendants leave to file a Rule 12(b)(6) partial motion to dismiss, if Plaintiff's alleged failure to exhaust is clear on the face of the Complaint 2 , or to file a partial motion for summary judgment to the extent that Defendants need to present probative evidence to support their motion. See Albino, 2014 WL 1317141, at *4-7. Signed on 4/8/2014 by Judge Michael H. Simon. Mailed to Plaintiff 4/8/2014 (mja)
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