O'Callaghan v. City of Portland et al
| Michael O'Callaghan |
| Outlaw, Pacific Patrol Services, City of Portland, Rapid Response Bio Clean and Ted Wheeler |
| 3:2018cv01641 |
| September 7, 2018 |
| US District Court for the District of Oregon |
| Youlee Yim You |
| Civil Rights: Other |
| 28 U.S.C. § 1331 |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 16, 2020. A more recent docket listing may be available from PACER.
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Filing 87
JUDGMENT - Based on the Court's ORDER (ECF #86 ), IT IS ADJUDGED that this case is DISMISSED WITH PREJUDICE. Signed on 3/16/2020 by Judge Michael H. Simon. (Mailed to Pro Se party on 3/16/2020.) (mja)
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Filing 86
ORDER - The Court ADOPTS Judge You's Findings and Recommendation. This case will be DISMISSED WITH PREJUDICE. Signed on 3/16/2020 by Judge Michael H. Simon. (Mailed to Pro Se party on 3/16/2020.) (mja)
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| Filing 85 Response to Objections to Findings & Recommendation. Related document(s): #80 Findings & Recommendation,, #82 Objections to Findings & Recommendation,. Filed by City of Portland, Outlaw, Ted Wheeler. (Jeter, Michael) |
| Filing 84 Response to Objections to Findings & Recommendation. Related document(s): #80 Findings & Recommendation,, #82 Objections to Findings & Recommendation,. Filed by Pacific Patrol Services. (Keating, Guy) |
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Filing 83
Order for Administrative Correction of the Record pursuant to Fed. R. Civ. P. 60(a) regarding #82 Objections to Findings & Recommendation,. A Clerical error has been discovered in the case record: The incorrect PDF was attached. The following corrections were made to the record: A corrected PDF has been uploaded and has replaced the incorrect attachment.The Notice of Electronic Filing will be regenerated to all parties. (sss)
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| Filing 82 Objections to Findings & Recommendation #80 : Motion to Dismiss #76 , Motion to Dismiss for Failure to State a Claim Plaintiff's Amended Complaint #75 , Motion to Dismiss for Failure to State a Claim pursuant to Fed. R. Civ. P 12(b)(6) #73 . (Titled by filer as: "Answer to Motion to Dismiss." ) Filed by Michael O'Callaghan. (sss) (Main Document 82 replaced on 10/11/2019) (sss). |
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Filing 81
ORDER: referring Findings & Recommendations #80 and Defendants' Motions to Dismiss (ECF # #73 , #75 , #76 ), to Judge Michael H. Simon for his review and determination. Ordered on 9/24/2019 by Magistrate Judge Youlee Yim You. (Mailed to Pro Se party on 9/24/2019.) (pvh)
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| Filing 80 Findings & Recommendations: Defendants' motions to dismiss (ECF # #73 , #75 , #76 ) should be granted and this case should be dismissed with prejudice. These Findings and Recommendations will be referred to a district judge. Objections, if any, are due Tuesday, October 08, 2019. If no objections are filed, then the Findings and Recommendations will go under advisement on that date. If objections are filed, then a response is due within 14 days after being served with a copy of the objections. When the response is due or filed, whichever date is earlier, the Findings and Recommendations will go under advisement. Signed on 9/24/2019 by Magistrate Judge Youlee Yim You. (Mailed to Pro Se party on 9/24/2019.) (pvh) |
| Filing 79 Reply to Motion to Dismiss for Failure to State a Claim Plaintiff's Amended Complaint #75 . Filed by City of Portland, Outlaw, Ted Wheeler. (Jeter, Michael) |
| Filing 78 Answer to City's to Motion to Dismiss for Failure to State a Claim Plaintiff's Amended Complaint #75 . Filed by Michael O'Callaghan. (ecp) |
| Filing 77 Response to Motion to Dismiss for Failure to State a Claim pursuant to Fed. R. Civ. P 12(b)(6) #73 . Filed by Michael O'Callaghan. (jn) |
| Filing 76 Defendant Rapid Response Bio Cleaning LLC's MOTION TO DISMISS PLAINTIFF'S AMENDED COMPLAINT; JOINDER WITH CITY DEFENDANTS' MOTION. Filed by Rapid Response Bio Clean. (Ukishima, Matthew) Modified text of entry on 5/24/2019 (pvh). |
| Filing 75 Motion to Dismiss for Failure to State a Claim Plaintiff's Amended Complaint. Filed by Outlaw, Ted Wheeler, City of Portland. (Jeter, Michael) |
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Filing 74
ORDER: City Defendants' Unopposed Motion for Extension of Time #71 to File a Response to Plaintiff's Amended Complaint #70 is GRANTED. Answer or other responsive pleading is due by 5/22/2019. Ordered by Magistrate Judge Youlee Yim You. (Mailed to Pro Se party on 5/20/2019.) (pvh)
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| Filing 73 Motion to Dismiss for Failure to State a Claim pursuant to Fed. R. Civ. P 12(b)(6). Oral Argument requested. Filed by Pacific Patrol Services. (Keating, Guy) |
| Filing 72 Declaration of Michael J. Jeter . Filed by City of Portland, Outlaw, Ted Wheeler. (Related document(s): Motion for Extension of Time #71 .) (Jeter, Michael) |
| Filing 71 Unopposed Motion for Extension of Time to File a Response to Plaintiff's Amended Complaint. Filed by City of Portland, Outlaw, Ted Wheeler. (Jeter, Michael) |
| Filing 70 Amended Complaint. Filed by Michael O'Callaghan against All Defendants. (ecp) |
| Filing 69 Response to Motion to Dismiss #66 . Filed by Michael O'Callaghan. (sb) |
| Filing 68 MINUTES of Proceedings: Telephonic Hearing held on 4/11/2019. As discussed on the record, plaintiff's motion to amend #64 was filed in the wrong case and he was previously given leave to amend his complaint; therefore, the motion is moot. Plaintiff shall file an amended complaint in this case by Thursday, May 2, 2019. Defendant Pacific Patrol Services's motion to dismiss #66 is denied as moot. Plaintiff was referred to the Federal Law Clinic for possible assistance in filing his amended complaint. Plaintiff Michael O'Callaghan (appearing pro se). Michael Jeter present as counsel for Defendants City of Portland, Outlaw, and Ted Wheeler. Guy E. Keating present as counsel for Defendant Pacific Patrol Services. Jeremy R. Reeves present as counsel for Defendant Rapid Response Bio Clean. Court Reporter: Bonita Shumway. Magistrate Judge Youlee Yim You presiding. (Related document(s): (Mailed to Pro Se party on 4/12/2019.) (pvh) |
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Filing 67
Scheduling Order: SETTING a Telephonic Hearing for Thursday, 4/11/2019 at 3:00PM (by telephone) before Magistrate Judge Youlee Yim You regarding Plaintiff's Motion to Amend #64 . Ordered by Magistrate Judge Youlee Yim You. (Mailed to Pro Se party on 4/10/2019.) (pvh)
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| Filing 66 Motion to Dismiss for Failure to State a Claim (email service to pro se pltf). Filed by Pacific Patrol Services. (Keating, Guy) |
| Filing 65 Response "City Defendants' Response to Answer for a More Definitive Statement". Filed by City of Portland, Outlaw, Ted Wheeler. (Related document(s): Answer #63 .) (Jeter, Michael) |
| Filing 64 Motion to Amend. Filed by Michael O'Callaghan. (ecp) |
| Filing 63 Answer for a More Difinitive Statement. Filed by Michael O'Callaghan. (ecp) |
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Filing 61
ORDER - The Court ADOPTS the Findings and Recommendation (ECF #50 ) and the City of Portland's Motion to Dismiss under 28 U.S.C. 1915(e) (ECF #19 ) is DENIED. Signed on 2/20/2019 by Judge Michael H. Simon. (mja)
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| Filing 62 Response to City Opposition to IFP. Filed by Michael O'Callaghan. (ecp) |
| Filing 60 OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Telephonic Oral Argument held on January 24, 2019, before Judge Youlee Yim You, Court Reporter Jill L. Jessup, telephone number (503)326-8191 or email at jill_jessup@ord.uscourts.gov. Transcript may be viewed at Court's public terminal or purchased from the Court Reporter before the deadline for Release of Transcript Restriction. Afterwards it may be obtained through the Court Reporter at (503)326-8191 or email at jill_jessup@ord.uscourts.gov or PACER-See Policy at ord.uscourts.gov. Notice of Intent to Redact Transcript is due by 2/19/2019. Redaction Request due 3/4/2019. Redacted Transcript Deadline set for 3/14/2019. Release of Transcript Restriction set for 5/13/2019. (jjcr) |
| Filing 59 Clerk's Notice of Mailing to Michael O'Callaghan regarding Order on motion for extension of time 58 along with information from U.S.D.C. - Oregon website regarding requests for pro bono counsel. (pvh) |
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Filing 58
ORDER: Granting Motion for Extension of Time #53 . Plaintiff shall file his amended complaint by 2/22/2019. Ordered by Magistrate Judge Youlee Yim You. (pvh)
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| Filing 57 Supplemental Declaration of Michael J. Jeter . Filed by City of Portland, Outlaw, Ted Wheeler. (Related document(s): Objections to Findings & Recommendation #56 .) (Attachments: #1 Exhibit 10) (Jeter, Michael) |
| Filing 56 Objections to Findings & Recommendation: Motion to Dismiss Under 28 U.S.C. 1915(E) #19 should be Denied #50 . Filed by City of Portland, Outlaw, Ted Wheeler. (Jeter, Michael) |
| Filing 55 Clerk's Notice of Mailing to Michael O'Callaghan regarding Order 54 . (pvh) |
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Filing 54
ORDER: referring Plaintiff's Motion for Extension of Time #53 to Judge Michael H. Simon for his review and determination. Ordered by Magistrate Judge Youlee Yim You. (pvh)
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| Filing 53 Motion for Extension of Time. Filed by Michael O'Callaghan. (ecp) |
| Filing 52 Clerk's Notice of Mailing to Michael O'Callaghan regarding Findings & Recommendations #50 and Order referring Findings & Recommendations 51 . (pvh) |
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Filing 51
ORDER: referring Findings & Recommendations #50 and Motion to Dismiss #19 to Judge Michael H. Simon for his review and determination. Signed on 1/24/2019 by Magistrate Judge Youlee Yim You. (pvh)
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| Filing 50 Findings & Recommendations: City Defendants' Motion to Dismiss under 28 U.S.C. 1915(e) (ECF #19 ) should be denied. These Findings and Recommendations will be referred to a district judge. Objections, if any, are due Wednesday, February 13, 2019. If no objections are filed, then the Findings and Recommendations will go under advisement on that date. If objections are filed, then a response is due within 14 days after being served with a copy of the objections. When the response is due or filed, whichever date is earlier, the Findings and Recommendations will go under advisement. Signed on 1/24/2019 by Magistrate Judge Youlee Yim You. (pvh) |
| Filing 49 MINUTES of Proceedings: Telephonic Oral Argument Hearing held on 1/24/2019 regarding motion to dismiss #19 and motion for more definite statement #8 . For reasons stated on the record, Defendant City of Portland's Motion for a More Definite Statement #8 , joined by the other defendants [9, 26], is GRANTED. Plaintiff shall file an amended complaint by 2/7/2019. Motion to Dismiss #19 is taken under advisement as of 1/24/2019. Plaintiff Michael O'Callaghan (appearing pro se). Michael Jeter present as counsel for Defendants City of Portland, Outlaw, and Ted Wheeler. Guy E. Keating present as counsel for Defendant Pacific Patrol Services. Jeremy R. Reeves present as counsel for Defendant Rapid Response Bio Clean. (Court Reporter Jill Jessup.) Magistrate Judge Youlee Yim You presiding. (Copy mailed to plaintiff).(pvh) |
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Filing 48
ORDER - Plaintiff's Motion for Reconsideration (ECF #42 ) is DENIED. Signed on 1/16/2019 by Judge Michael H. Simon. Copy mailed to Plaintiff 1/17/2019. (mja)
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| Filing 47 Clerk's Notice of Mailing Scheduling Order 46 and AT & T Call-In Information dated 1/15/2019 to Michael O'Callaghan to: P.O. Box 14093 Portland, OR 97293. (pvh) |
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Filing 46
Scheduling Order: SETTING Telephonic Oral Argument for Thursday, 1/24/2019 at 09:00AM (by telephone) before Magistrate Judge Youlee Yim You regarding Motion to Dismiss #19 and Motion for a More Definite Statement #26 . Ordered by Magistrate Judge Youlee Yim You. (pvh)
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| Filing 45 Answer for a More Definite Statement. Filed by Michael O'Callaghan. (ecp) |
| Filing 44 Response titled as "City Defendants' Response in Opposition to Plaintiff's Motion for Reconsideration" to Motion for Reconsideration of Order on Motion - Miscellaneous,,, #41 #42 . Filed by City of Portland, Outlaw, Ted Wheeler. (Jeter, Michael) |
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Filing 43
ORDER: referring Motion for Reconsideration #42 to Judge Michael H. Simon for his review and consideration. Ordered by Magistrate Judge Youlee Yim You. (Copy mailed to plaintiff). (pvh)
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| Filing 42 Motion for Reconsideration of Order on Motion - Injunctive Relief #41 . Filed by Michael O'Callaghan. (ecp) |
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Filing 41
ORDER - Plaintiff's motion for expedited consideration, ECF #14 , is GRANTED. Plaintiff's motion for injunctive relief, ECF #13 , is DENIED. Signed on 12/5/2018 by Judge Michael H. Simon. Copy mailed to Plaintiff on 12/5/2018. (mja) .
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| Filing 40 Supplemental Declaration of Peter Colistro . Filed by City of Portland, Outlaw, Ted Wheeler. (Related document(s): Response to Motion #39 .) (Attachments: #1 Exhibit 11) (Jeter, Michael) |
| Filing 39 Supplemental Response to Motion #13 . Filed by City of Portland, Outlaw, Ted Wheeler. (Jeter, Michael) |
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Filing 38
ORDER - City Defendants' Motion for Leave to File Supplemental Response to Plaintiff's Motion for Injuctive Relief (ECF #35 ) is GRANTED. Ordered by Judge Michael H. Simon. (mja)
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| Filing 37 Clerk's Notice of Mailing to Michael O'Callaghan regarding Order 36 . (pvh) |
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Filing 36
ORDER referring Motion for Leave to File Supplemental Response to Plaintiff's Motion for Injunctive Relief #35 to Judge Michael H. Simon for his review and determination. Ordered by Magistrate Judge Youlee Yim You. (pvh)
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| Filing 35 Motion for Leave to File Supplemental Response to Plaintiff's Motion for Injuctive Relief. Filed by City of Portland, Outlaw, Ted Wheeler. (Attachments: #1 Exhibit 1) (Jeter, Michael) |
| Filing 31 Clerk's Notice of Mailing to Michael O'Callaghan regarding Order 30 . (pvh) |
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Filing 30
ORDER: Granting Motion for Extension of Time to Answer #27 . Answer or other responsive pleading shall be due 21 days from either denial of defendant's motion for more definitive statement #8 #9 , or should the court grant defendants' motion #8 #9 , 21 days from plaintiff's filing of a more definitive statement. Ordered by Magistrate Judge Youlee Yim You. (pvh)
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| Filing 34 Return of Service Executed as to Pacific Patrol Services served on 10/9/2018, answer due on 10/30/2018; Rapid Response Bio Clean served on 10/9/2018, answer due on 10/30/2018; Ted Wheeler served on 10/9/2018, answer due on 10/30/2018. (Attachments: #1 Pacific Patrol Services, #2 Rapid Response Bio Clean) (joha) |
| Filing 33 Return of Service Unexecuted as to City of Portland, Outlaw. (Attachments: #1 COP Police Chief Outlaw) (joha) |
| Filing 32 Reply to Motion #13 titled "Plaintiff's Response to Defendants Answer For Injunctive Relief". Filed by Michael O'Callaghan. (joha) |
| Filing 29 Reply to Motion for a More Definite Statement #8 . Filed by City of Portland, Outlaw, Ted Wheeler. (Jeter, Michael) |
| Filing 28 Declaration of Jeremy R. Reeves . Filed by Rapid Response Bio Clean. (Related document(s): Motion for Extension of Time to Answer a Complaint/Petition #27 .) (Ukishima, Matthew) |
| Filing 27 Motion for Extension of Time to Answer . Filed by Rapid Response Bio Clean. (Ukishima, Matthew) |
| Filing 26 Motion for a More Definite Statement ; Joinder with City Defendant's Motion. Filed by Rapid Response Bio Clean. (Ukishima, Matthew) |
| Filing 25 Declaration of Michael Jeter in Support of City Defendants' Response to Plaintiff's Motion for Injunctive Relief. Filed by City of Portland, Outlaw, Ted Wheeler. (Related document(s): Motion - Miscellaneous #13 .) (Attachments: #1 Exhibit 8-10) (Jeter, Michael) |
| Filing 24 Declaration of Lucas Hillier in Support of Defendants' Response to Plaintiff's Motion for Injunctive Relief. Filed by City of Portland, Outlaw, Ted Wheeler. (Related document(s): Motion - Miscellaneous #13 .) (Attachments: #1 Exhibit 4-7) (Jeter, Michael) |
| Filing 23 Declaration of Peter Colistro in Support of City Defendants' Response to Plaintiff's Motion for Injunctive Relief. Filed by City of Portland, Outlaw, Ted Wheeler. (Related document(s): Motion - Miscellaneous #13 .) (Attachments: #1 Exhibit 1-3) (Jeter, Michael) |
| Filing 22 Response to Plaintiff's Motion for Injunctive Relief to Motion #13 . Filed by City of Portland, Outlaw, Ted Wheeler. (Jeter, Michael) |
| Filing 21 Declaration of Stefania Holstun . Filed by City of Portland, Outlaw, Ted Wheeler. (Related document(s): Motion to Dismiss #19 .) (Attachments: #1 Exhibit 8-9) (Jeter, Michael) |
| Filing 20 Declaration of Michael J. Jeter . Filed by City of Portland, Outlaw, Ted Wheeler. (Related document(s): Motion to Dismiss #19 .) (Attachments: #1 Exhibit 1-7) (Jeter, Michael) |
| Filing 19 Motion to Dismiss Under 28 U.S.C. 1915(E). Filed by Outlaw, Ted Wheeler, City of Portland. (Jeter, Michael) |
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Filing 18
Order - Defendants' response to Plaintiff's motion for preliminary injunction (ECF #13 ) is due November 8, 2018. Plaintiff's optional reply is due November 15, 2018. The Court will promptly decide whether oral argument is likely to be helpful after the briefing has been completed. Ordered by Judge Michael H. Simon. Copy of order mailed to Plaintiff on 10/31/2018. (mja)
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| Filing 17 Clerk's Notice of Mailing to Michael O'Callaghan regarding Order 15 and Order 16 . (pvh) |
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Filing 16
ORDER: referring Plaintiff's Motion for Injunctive Relief #13 as well as Plaintiff's Motion for Expedited Consideration #14 to Judge Michael H. Simon for his review and determination. Ordered by Magistrate Judge Youlee Yim You. (pvh)
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Filing 15
ORDER: Granting Motion for Extension of Time to Answer #10 . Answer or other responsive pleading shall be due 21 days from either denial of defendant's motion for more definitive statement #8 #9 , or should the court grant defendants' motion #8 #9 , 21 days from plaintiff's filing of a more definitive statement. Ordered by Magistrate Judge Youlee Yim You. (pvh)
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| Filing 14 Motion for Expedited Consideration. Filed by Michael O'Callaghan. (ecp) |
| Filing 13 Motion for Injunctive Relief. Filed by Michael O'Callaghan. (ecp) |
| Filing 12 Response to Motion for a More Definite Statement #8 . Filed by Michael O'Callaghan. (ecp) |
| Filing 11 Declaration of Michael J. Jeter . Filed by City of Portland, Outlaw, Ted Wheeler. (Related document(s): Motion for Extension of Time to Answer a Complaint/Petition #10 .) (Jeter, Michael) |
| Filing 10 Motion for Extension of Time to Answer . Filed by Outlaw, Ted Wheeler, City of Portland. (Jeter, Michael) |
| Filing 9 Motion for a More Definite Statement ; Joinder with City Defendant's Motion. Filed by Pacific Patrol Services. (Keating, Guy) |
| Filing 8 Motion for a More Definite Statement . Filed by City of Portland, Ted Wheeler. (Jeter, Michael) |
| Filing 7 Summons Issued as to City of Portland, Outlaw, Pacific Patrol Services, Rapid Response Bio Clean, Ted Wheeler. (Summons, USM 285 form(s), and copies of the Complaint and Order to Proceed in forma pauperis forwarded to the U.S. Marshals Service for service.) (ljc) |
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Filing 6
Notice to Self-Represented Litigants. Ordered by Magistrate Judge Youlee Yim You. (copy mailed to plaintiff). (pvh)
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Filing 5
ORDER: Granting Motion for Leave to Proceed in Forma Pauperis #2 . Ordered by Magistrate Judge Youlee Yim You. (copy mailed to plaintiff) (pvh)
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| Filing 4 Clerk's Notice of Mailing to Michael O'Callaghan regarding Case Assignment Notice #3 . (ecp) |
| Filing 3 Notice of Case Assignment: This case is assigned to Magistrate Judge Youlee Yim You. (ecp) |
| Filing 2 Application for Leave to Proceed IFP. Filed by Michael O'Callaghan. (ecp) |
| Filing 1 Complaint. Jury Trial Requested: No. Filed by Michael O'Callaghan against City of Portland, Outlaw, Pacific Patrol Services, Rapid Response Bio Clean, Ted Wheeler. (ecp) |
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