Smith v. Kelly et al
Plaintiff: Shawn Cleveland Smith
Defendant: Nurse Paul, Dan Brown, Michael Gower, Brandon Kelly and Sargeant Polk
Case Number: 2:2018cv01723
Filed: September 27, 2018
Court: U.S. District Court for the District of Oregon
Presiding Judge: Michael H Simon
Referring Judge: Youlee Yim You
Nature of Suit: Prisoner: Civil Rights
Cause of Action: 42 U.S.C. ยง 1983
Jury Demanded By: Defendant
Docket Report

This docket was last retrieved on November 21, 2018. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 21, 2018 Opinion or Order Filing 14 Scheduling Order for Civil Rights Actions Filed by Incarcerated Plaintiffs. All pretrial, discovery, and dispositive motions are due by 3/21/2019. Signed on 11/21/2018 by Judge Michael H. Simon. (joha) (Copy Mailed to Plaintiff.)
November 20, 2018 Filing 13 Answer to #2 Complaint, with Jury Demand. . Filed by Dan Brown, Michael Gower, Polk, Brandon Kelly. (Hallman, Andrew)
November 13, 2018 Filing 12 Mail Returned - Undeliverable: Order #11 sent to Shawn Cleveland Smith returned as undeliverable. (dsg)
November 5, 2018 Opinion or Order Filing 11 ORDER: On October 3, 2018, the Court issued a Notice of Lawsuit and Request for Waiver of Service of Summons. The Attorney General declines to waive service on behalf of "Nurse Paul" for lack of identification. Counsel for Defendants believes Plaintiff might intend to name Paul Baumgartner, but has insufficient information to reliably proceed on this basis. Accordingly, Plaintiff is requested to advise the Court and counsel for Defendants within 20 days whether "Nurse Paul" is a reference to Paul Baumgartner such that counsel for Defendants may agree (or decline) to waive service on his behalf. Signed on 11/5/2018 by Judge Michael H. Simon. (joha) (Copy Mailed to Plaintiff.)
October 30, 2018 Filing 10 Email returned as undeliverable from SRCI: Waiver of Service Summons #9 sent to Shawn Cleveland Smith. Inmate is no longer located at SRCI and has been removed from the Prisoner E-Filing Initiative. (dsg)
October 30, 2018 Filing 9 Waiver of Service of Summons Returned Executed Filed by Dan Brown, Michael Gower, Polk, Brandon Kelly.**PRINT ALL**(Shawn Smith, Prisoner ID: 7871265) (Hallman, Andrew)
October 5, 2018 Filing 8 Supplement to Application for leave to proceed ifp #1 . Filed by Shawn Cleveland Smith. (Related document(s): Application for leave to proceed ifp #1 .)**PRINT NEF ONLY**(Shawn Smith, Prisoner ID: 7871265) (dsg)
October 4, 2018 Filing 7 Clerk's Notice of Mailing to ODOC regarding Order #5 . Clerk's Notice of E-Mailing to ODOJ regarding Complaint #2 and Notice of Lawsuit and Request for Waiver of Service of Summons #6 .**PRINT NEF ONLY**(Shawn Smith, Prisoner ID: 7871265) (joha)
October 3, 2018 Filing 6 Notice of Lawsuit and Request for Waiver of Service of Summons. Waiver of Service is due by 11/2/2018.**4 PAGE(S), PRINT ALL**(Shawn Smith, Prisoner ID: 7871265) (joha)
October 3, 2018 Opinion or Order Filing 5 ORDER TO PROCEED IN FORMA PAUPERIS AND TO COLLECT INMATE FILING FEE: Plaintiff's provisional in forma pauperis status is CONFIRMED. The Clerk of Court is directed to send waiver of service packets to Assistant Attorney General Andrew Hallman. IT IS ORDERED that the Oregon Department of Corrections shall collect payments from Plaintiff's prison trust account and forward those payments to the Clerk of Court in accordance with the formula set forth above until a total of $350.00 has been collected and forwarded to the Clerk of Court. The payments shall be clearly identified by the name and number assigned to this action. Signed on 10/3/2018 by Judge Michael H. Simon. **3 PAGE(S), PRINT ALL**(Shawn Smith, Prisoner ID: 7871265) (joha)
October 1, 2018 Filing 4 Notice of Case Reassignment: This case has been reassigned from Magistrate Judge Youlee Yim You to Judge Michael H. Simon. **1 PAGE(S), PRINT ALL**(Shawn Smith, Prisoner ID: 7871265) (eo)
September 27, 2018 Filing 3 Notice of Case Assignment: This case is assigned to Magistrate Judge Youlee Yim You. **3 PAGE(S), PRINT ALL**(Shawn Smith, Prisoner ID:7871265 ) (joha) Added Prisoner ID and regenerated NEF.
September 27, 2018 Filing 2 Complaint. Filed by Shawn Cleveland Smith against All Defendants (Attachments: #1 Civil Cover Sheet).**PRINT NEF ONLY**(Shawn Smith, Prisoner ID:7871265 ) (joha) Added Prisoner ID and regenerated NEF. (Main Document 2 replaced on 10/1/2018) (eo).
September 27, 2018 Filing 1 Application for Leave to Proceed IFP. Filed by Shawn Cleveland Smith.**PRINT NEF ONLY**(Shawn Smith, Prisoner ID:7871265 ) (joha) Added Prisoner ID and regenerated NEF.

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Defendant: Nurse Paul
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Defendant: Dan Brown
Represented By: Andrew D. Hallman
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Defendant: Michael Gower
Represented By: Andrew D. Hallman
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Defendant: Brandon Kelly
Represented By: Andrew D. Hallman
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Defendant: Sargeant Polk
Represented By: Andrew D. Hallman
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Plaintiff: Shawn Cleveland Smith
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