Diaz v. Cunha et al
| Enrique Zacarias Diaz |
| J. Cunha, V. Alcarado, D. Migregor, J. Cimmlyoti, J. Bateman, T. Ness, A. Gonzalez, Oregon Department of Corrections, D. McGregor and J. Cimmiyoti |
| 2:2022cv01125 |
| August 2, 2022 |
| US District Court for the District of Oregon |
| Youlee Yim You |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| None |
Docket Report
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This docket was last retrieved on September 20, 2022. A more recent docket listing may be available from PACER.
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Filing 15
JUDGMENT: IT IS ORDERED AND ADJUDGED that this Action is dismissed, with prejudice. The Court certifies that an appeal would not be taken in good faith. Signed on 9/20/2022 by Judge Michael W. Mosman.**1 PAGE(S), PRINT ALL**(Enrique Diaz, Prisoner ID: 18838819) (dsg)
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Filing 14
ORDER TO DISMISS: IT IS ORDERED that Plaintiffs Amended Complaint is DISMISSED. The Court FINDS MOOT Plaintiff's Motion for Extension of Time #11 to file Amended Complaint, as Plaintiff subsequently filed his Amended Complaint. Signed on 9/20/2022 by Judge Michael W. Mosman. **2 PAGE(S), PRINT ALL**(Enrique Diaz, Prisoner ID: 18838819) (dsg)
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Filing 13
ORDER: Plaintiff's application to proceed in forma pauperis #1 is GRANTED. IT IS ORDERED that the Oregon Department of Corrections, Central Trust Unit or his designee shall collect from Plaintiff's trust account an initial partial filing fee in the amount of $31.00 and shall forward the amount to the Clerk of the Court. IT IS FURTHER ORDERED that thereafter, the Oregon Department of Corrections, Central Trust Unit shall collect from Plaintiff's prison trust account the $319.00 balance of the filing fee and shall forward payments to the Clerk of the Court. A copy of this order has been emailed to the Central Trust Unit. Signed on 9/19/2022 by Magistrate Judge Youlee Yim You. **2 PAGE(S), PRINT ALL**(Enrique Diaz, Prisoner ID: 18838819) (dsg)
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| Filing 12 Amended Complaint. Filed by Enrique Zacarias Diaz against V. Alcarado, J. Bateman, J. Cimmiyoti, J. Cunha, A. Gonzalez, D. McGregor, Oregon Department of Corrections.**PRINT NEF ONLY**(Enrique Diaz, Prisoner ID: 18838819) (dsg) |
| Filing 11 Motion for Leave to File Amended Complaint/Petition. Filed by Enrique Zacarias Diaz.**PRINT NEF ONLY**(Enrique Diaz, Prisoner ID: 18838819) (sb) |
| Filing 10 Demand for Jury Trial by Enrique Zacarias Diaz. Filed by Enrique Zacarias Diaz. **PRINT NEF ONLY**(Enrique Diaz, Prisoner ID: 18838819) (dsg) |
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Filing 9
ORDER: IT IS ORDERED that Plaintiff must file an Amended Complaint by September 29, 2022, curing the deficiencies noted above. Plaintiff is advised that if he fails to file an Amended Complaint within the time provided, this action will be dismissed for failure to state a claim upon which relief may be granted. Because Plaintiff has not established extraordinary circumstances at this time warranting the appointment of pro bono counsel, the Court DENIES Plaintiff's Motion for Appointment of Counsel (ECF No. #4 ). Because Plaintiff has been ordered to file an Amended Complaint, the Court FINDS MOOT his Motion to Amend/Correct Complaint (ECF No. #7 ) to correct the spelling of Defendants' names; Plaintiff may include the correct spelling in his Amended Complaint and the Court's docket will be amended to reflect the correct spelling. Because Plaintiff requested a jury trial in his original Complaint, the Court FINDS MOOT Plaintiff's separate Motion for Jury Trial (ECF No. #8 ). Signed on 8/29/20222 by Magistrate Judge Youlee Yim You. **4 PAGE(S), PRINT ALL** (Enrique Diaz, Prisoner ID: 18838819) (pvh)
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| Filing 8 Motion for Jury Trial. Filed by Enrique Zacarias Diaz.**PRINT NEF ONLY**(Enrique Diaz, Prisoner ID: 18838819) (sb) |
| Filing 7 Motion to Amend/Correct Complaint #2 . Filed by Enrique Zacarias Diaz.**PRINT NEF ONLY**(Enrique Diaz, Prisoner ID: 18838819) (sb) |
| Filing 6 Exhibits 1 & 2. Filed by Enrique Zacarias Diaz. **PRINT NEF ONLY**(Enrique Diaz, Prisoner ID: 18838819) (sb) |
| Filing 5 Notice of Case Assignment: This case is assigned to Magistrate Judge Youlee Yim You. **3 PAGE(S), PRINT ALL**(Enrique Diaz, Prisoner ID: 18838819) (dsg) |
| Filing 4 Motion for Appointment of Counsel. Filed by Enrique Zacarias Diaz.**PRINT NEF ONLY**(Enrique Diaz, Prisoner ID: 18838819) (dsg) |
| Filing 3 Declaration of Enrique Diaz. Filed by Enrique Zacarias Diaz. (Related document(s): Complaint, #2 .)**PRINT NEF ONLY**(Enrique Diaz, Prisoner ID: 18838819) (dsg) |
| Filing 2 Complaint. (IFP Submitted) Jury Trial Requested: No. Filed by Enrique Zacarias Diaz against V. Alcarado, J. Bateman, J. Cimmlyoti, J. Cunha, A. Gonzalez, D. Migregor, T. Ness, Oregon Department of Corrections. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons).**PRINT NEF ONLY**(Enrique Diaz, Prisoner ID: 18838819) (dsg) |
| Filing 1 Application for Leave to Proceed IFP. Filed by Enrique Zacarias Diaz.**PRINT NEF ONLY**(Enrique Diaz, Prisoner ID: 18838819) (dsg) |
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