Barber v. Vance et al
| Benjamin Barber |
| Marie Atwood, State of Oregon and Meagan Alyssa Vance |
| Donald J. Koehler, II and Rebecca Cambreleng |
| 3:2016cv02105 |
| November 1, 2016 |
| US District Court for the District of Oregon |
| Portland (3) Office |
| John V. Acosta |
| Civil Rights: Other |
| 42 U.S.C. ยง 1983 Civil Rights Act |
| None |
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Available Case Documents
The following documents for this case are available for you to view or download:
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Filing
426
ORDER - The Court has reviewed de novo the Findings and Recommendation to which Plaintiff has objected, as well as Plaintiff's objections and Vance's response. The Court agrees with Judge Acosta's reasoning and ADOPTS the Findi ngs and Recommendation. Defendant Vance's Motion for Attorney's Fees (ECF 374 ) is GRANTED IN PART, in the amount of $3,412.50, as sanctions under 28 U.S.C. § 1927 for Plaintiff's objectionable and sanctionable conduct. Signed on 8/2/2019 by Judge Michael H. Simon. (mja)
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Filing
371
ORDER - The Court has reviewed de novo the Findings and Recommendation to which Plaintiff has objected, as well as Plaintiff's objections, the State Defendants' response, Vance's response, and the underlying briefing bef ore Magistrate Judge Acosta. The Court agrees with Judge Acosta's reasoning and ADOPTS the Findings and Recommendation, as supplemented herein. The State Defendants' motion to dismiss (ECF 294 ) is GRANTED. Claims barred by the Younger, and Heck doctrines are dismissed without prejudice to challenge the constitutionality of Oregon Revised Statutes § 163.472 or challenge the constitutionality or validity of Plaintiff's criminal conviction in state court. Plainti ff may not file a new case in this Court seeking money damages for his allegedly invalid criminal prosecution unless he obtains habeas corpus relief or has had his conviction reversed, expunged, or declared invalid. Plaintiff may not file a new case in this Court challenging the constitutionality of Oregon Revised Statutes § 163.472 until he has exhausted his state administrative remedies. The Clerk of the Court is directed not to accept any new complaint from Plaintiff raising such claims unless the complaint contains allegations that these prerequisites have been met. The remaining claims against the State Defendants are dismissed with prejudice. Vance's motion to dismiss (ECF 293 ) is GRANTED with prejudice with regard to Plai ntiff's claims under federal law but without prejudice with regard to Plaintiff's state-law claims to allow pursuit of such claims in state court. Vance's motion for sanctions under 28 U.S.C. § 1927 is GRANTED. Vance is awarded re asonable attorney's fees incurred after the Court awarded attorney's fees under Oregon Revised Statutes § 31.150. Vance's request for a pre-filing order is DENIED. Plaintiff may not file an amended complaint in this case. The Court will enter a judgment closing this case. All other pending motions are denied as moot. Signed 1/18/2019 by Judge Michael H. Simon. (mja)
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Filing
289
ORDER: Adopting Findings and Recommendation 263 . Signed on 3/30/18 by Judge Michael H. Simon. (jy)
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Filing
158
OPINION and ORDER - The Court ADOPTS IN PART Judge Acosta's Findings and Recommendation, ECF 131 . Plaintiff's motion for a declaratory judgment on his first claim for relief (ECF 40 ) is DENIED. The State Defendants motion to dis miss (ECF 56 ) is GRANTED IN PART. It is granted with respect to Plaintiff's first claim for relief, which is dismissed without prejudice. The Court reserves ruling on the remainder of the State Defendant' motion to dismiss. Defendant Vance's special motion to strike under Oregon Revised Statutes § 31.150 (ECF 85 ) is GRANTED. Plaintiff's claims against Defendant Vance are dismissed without prejudice. Signed on 9/26/2017 by Judge Michael H. Simon. (mja)
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Filing
118
ORDER - Plaintiff's Emergency Motion for a Temporary Restraining Order (ECF 116 ) is DENIED. Signed on 7/25/2017 by Judge Michael H. Simon. (mja)
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Filing
23
ORDER - Plaintiff's Renewed Motion for a Temporary Restraining Order (ECF 20 ) is DENIED. Signed on 12/5/2016 by Judge Michael H. Simon. (mja)
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Filing
9
ORDER - Plaintiff's Motion for a Temporary Restraining Order (ECF 5 ) is DENIED. Signed 11/9/2016 by Judge Michael H. Simon. (mja)
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