Rodriguez v. Amsberry et al
| Jonathan Jason Rodriguez |
| Brady, D. Pedro, Heather Nevil, J. Cuna, N. Sobotta, E. Anderson, Brigitte Amsberry, Jason Duchek, Turner, T. Hart and S. Brown |
| 2:2020cv01914 |
| November 6, 2020 |
| US District Court for the District of Oregon |
| John V Acosta |
| Prisoner: Civil Rights |
| 42:1983 |
| Plaintiff |
Docket Report
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| Filing 9 Notice of Lawsuit and Request for Waiver of Service of Summons. Waiver of Service is due by 2/3/2021.**4 PAGE(S), PRINT ALL**(Jonathan Rodriguez, Prisoner ID: 17349747) (Emailed notice and complaint to ODOJ.) (dsg) |
Filing 8
ORDER: IT IS ORDERED that defendants Duchek, Pedro, Amsberry, and Nevil are DISMISSED from this action, and the Clerk of the Court is DIRECTED to terminate them as parties. IT IS FURTHER ORDERED that plaintiff's due process claims against defendants Hart and Brown are DISMISSED. This action shall proceed solely upon plaintiff's excessive force claims against defendants Hart, Turner, Brady, Cuna, Brown, and Anderson, and plaintiff's claim of denial of his First Amendment right to petition the government for redress against defendant Sobotta. Signed on 12/22/2020 by Judge Karin J. Immergut. **2 PAGE(S), PRINT ALL**(Jonathan Rodriguez, Prisoner ID: 17349747) (dsg)
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Filing 7
Order of USCA for the 9th Circuit, USCA # 20-36027, re Notice of Appeal #6 . A review of the record demonstrates that this court lacks jurisdiction over this appeal because the order challenged in the appeal is not final or appealable. See WMX Techs., Inc. v. Miller, 104 F.3d 1133, 1136 (9th Cir. 1997) (dismissal of complaint with leave to amend is not appealable); see also In re San Vicente Med. Partners Ltd., 865 F.2d 1128, 1131 (9th Cir. 1989) (order) (magistrate judge order not final or appealable). Consequently, this appeal is dismissed for lack of jurisdiction. DISMISSED. **1 PAGE(S), PRINT ALL**(Jonathan Rodriguez, Prisoner ID: 17349747) (jtj)
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| USCA Case Number and Notice confirming Docketing Record on Appeal re Notice of Appeal #6 . Case Appealed to 9th Circuit Court of Appeals Case Number 20-36027 assigned. **PRINT NEF ONLY**(Jonathan Rodriguez, Prisoner ID: 17349747) (jtj) |
| Filing 6 Notice of Appeal to the 9th Circuit. Related Documents: Order to Dismiss in Part #5 . (IFP Granted - Order #4 ). Filed by Jonathan Jason Rodriguez. **PRINT NEF ONLY**(Jonathan Rodriguez, Prisoner ID: 17349747) (joha) |
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Filing 5
ORDER TO DISMISS IN PART. Based on the foregoing, the Court DISMISSES IN PART plaintiff's Amended Complaint. Plaintiff may file a Second Amended Complaint, curing the deficiencies noted above, within 30 days of the date of this order. If plaintiff does not file a Second Amended Complaint within the time provided, this action shall proceed solely upon plaintiff's excessive force claims against defendants Hart, Turner, Brady, Cuna, Brown, and Anderson, and plaintiff's claim of denial of his First Amendment right to petition the government for redress against defendant Sobotta. IT IS SO ORDERED. Signed on 11/10/2020 by Judge Karin J. Immergut. **8 PAGES, PRINT ALL** (Jonathan Rodriguez, Prisoner ID: 17349747) (gw)
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Filing 4
ORDER TO PROCEED IN FORMA PAUPERIS AND TO COLLECT INMATE FILING FEE: Plaintiff's application to proceed in forma pauperis #1 is GRANTED. IT IS ORDERED that the Oregon Department of Corrections shall collect payments from Plaintiff's prison trust account and shall forward those payments to the Clerk of the Court. Signed on 11/9/2020 by Judge Karin J. Immergut. **2 PAGE(S), PRINT ALL**(Jonathan Rodriguez, Prisoner ID: 17349747) (dsg)
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| Filing 3 Notice of Case Assignment: This case is assigned to Magistrate Judge John V. Acosta. **3 PAGE(S), PRINT ALL**(Jonathan Rodriguez, Prisoner ID: 17349747) (joha) |
| Filing 2 Complaint. Jury Trial Requested: Yes. Filed by Jonathan Jason Rodriguez against Brigitte Amsberry, E. Anderson, Brady, S. Brown, J. Cuna, Jason Duchek, T. Hart, Heather Nevil, D. Pedro, N. Sobotta, Turner.**PRINT NEF ONLY**(Jonathan Rodriguez, Prisoner ID: 17349747) (joha) |
| Filing 1 Application for Leave to Proceed IFP. Filed by Jonathan Jason Rodriguez.**PRINT NEF ONLY**(Jonathan Rodriguez, Prisoner ID: 17349747) (joha) |
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