Whaley v. Campos et al
| Nicholas Whaley |
| Oregon Department of Corrections, Two Rivers Correctional Institution, Brigitte Amsberry, Corrections Sergeant Campos and Registered Nurse Peterson |
| 2:2021cv01254 |
| August 23, 2021 |
| US District Court for the District of Oregon |
| Karin J Immergut |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
Docket Report
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This docket was last retrieved on May 11, 2022. A more recent docket listing may be available from PACER.
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Filing 9
ORDER: Denying Plaintiff's Motion for Reconsideration #8 . As articulated in the Court's Order of Dismissal #6 , this Court cannot make a determination that Plaintiff is likely to succeed on the merits at the screening stage, and Plaintiff has demonstrated sufficient ability to articulate his claims in light of the complexity of the case. Indeed, the clarity of Plaintiff's complaint demonstrates his ability to proceed pro se despite the inherent difficulties of doing so while incarcerated. Accordingly, there are no exceptional circumstances at this time warranting the appointment of counsel under 28 U.S.C. 1915(e)(1). Plaintiff may renew his request for counsel at a later stage of the proceeding. Ordered by Judge Karin J. Immergut. (Deposited in outgoing mail to pro se party on 9/29/2021.) (ki)
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Filing 8
Motion for Reconsideration of Motion to Appoint Counsel #3 . Filed by Nicholas Whaley. (joha)
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Filing 7
Amended Complaint. Filed by Nicholas Whaley against Campos, Peterson. (joha)
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Partial Filing Fee in amount of $26.30 collected; Receipt No. 94857 issued. (fp)
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Filing 6
ORDER OF DISMISSAL: The Court DISMISSES Whaley's Complaint (ECF No. #2 ) as to defendants Peterson, Amsberry, ODOC, and TRCI for failure to state a claim. This dismissal is with prejudice as to ODOC and TRCI. Whaley may file an amended complaint, within thirty days of the date of this Order, curing the deficiencies noted above. Whaley is advised that if he fails to file an amended complaint, this action will proceed against Campos only. This Court DENIES Whaley's Motion for Appointment of Counsel (ECF No. #3 ) because he has demonstrated a sufficient ability to articulate his claims in light of the complexity of the case and, at this stage of the proceeding, has failed to demonstrate a likelihood of success on the merits. See Palmer v. Valdez, 560 F.3d 965, 970 (9th Cir. 2009). Whaley may renew his request for counsel at a later stage of the proceeding. Signed on 8/27/2021 by Judge Karin J. Immergut. (Deposited in outgoing mail to pro se party on 8/27/2021.) (joha)
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Filing 5
ORDER TO PROCEED IN FORMA PAUPERIS: The Court GRANTS Whaley's Application to Proceed In Forma Pauperis (ECF No. #1 ). The Oregon Department of corrections (ODOC) shall collect from Whaleys trust account an initial partial filing fee in the amount of $39.18 and forward the funds to the Clerk of Court. ODOC shall collect the balance of the filing fee and forward the funds 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 Court. The payments shall be clearly identified by the name and number assigned to this action. The Clerk of Court is directed to send a copy of this Order to the Oregon Department of Corrections, Central Trust Unit, DLDOCTrust-CourtOrders@doc.state.or.us. Signed on 8/27/2021 by Judge Karin J. Immergut. (Deposited in outgoing mail to pro se party on 8/27/2021. A copy of this order has been emailed to the Central Trust Unit on 8/27/2021.) (joha)
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Filing 4
Notice of Case Assignment: This case is assigned to Judge Karin J. Immergut. (Deposited in outgoing mail to pro se party on 08/25/2021.) (bd)
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Filing 3
Motion for Appointment of Counsel (Titled "Motion Requesting Volunteer Counsel / Pro Bono Review"). Filed by Nicholas Whaley. (Attachments: #1 Proposed Order.) (bd)
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Filing 2
Complaint (Titled "Prisoner Civil Rights Complaint"). Jury Trial Requested: Yes. In Forma Pauperis Pending. Filed by Nicholas Whaley against All Defendants. (Attachments: #1 Civil Cover Sheet). (bd)
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Filing 1
Application for Leave to Proceed IFP. Filed by Nicholas Whaley. (Attachments: #1 Attachment Trust Account Statement.) (bd)
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