Bottinelli et al v. Salazar et al
| Michael Eugene Davis, Ricardo Cesar Ramirez, Yeni Nieblas-Escarrega, Pamela Marie McGowan, Darren Bottinelli, Mark Nutter, Juan Jesus Borrego, Marshall Allen Stucky, Timothy Lashawn Allen and Alex Durand Williams-Davis |
| William Brown and Josias Salazar |
| 3:2019cv00256 |
| February 20, 2019 |
| US District Court for the District of Oregon |
| Michael W Mosman |
| Prisoner Petitions: Mandamus and Other |
| 28 U.S.C. § 2241 |
| None |
Docket Report
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Filing 21
Order from USCA for the 9th Circuit, USCA # 19-35201 re Notice of Appeal #20 . The unopposed motion to expedite this appeal (Docket Entry No. 6) is granted in part. The opening brief has been filed. The answering brief is due April 25, 2019. The optional reply brief is due within 10 days after service of the answering brief. The Clerk shall place this case on the July 2019 oral argument calendar in Portland. See 9th Cir. Gen. Ord. 3.3(f). (jtj)
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| USCA Case Number and Notice confirming Docketing Record on Appeal re Notice of Appeal, #20 . Case Appealed to Ninth Circuit Court of Appeals Case Number 19-35201 assigned. (sss) |
| Filing 20 Notice of Appeal to the 9th Circuit from Opinion and Order #18 , Judgment, #19 (fee waiver status selected (IFP)) . Filed by Timothy Lashawn Allen, Juan Jesus Borrego, Darren Bottinelli, Michael Eugene Davis, Pamela Marie McGowan, Mark Nutter, Ricardo Cesar Ramirez, Alex Durand Williams-Davis. (Sady, Stephen) |
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Filing 19
JUDGMENT: Based on my Opinion and Order denying Petitioners' February 20, 2019, Petition for a Writ of Habeas Corpus, this action is dismissed with prejudice. The Clerk of the Court is directed to close this case. Signed on 3/13/19 by Judge Michael W. Mosman. (dls)
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Filing 18
OPINION AND ORDER: I DENY Petitioners' Petition for a Writ of Habeas Corpus under 28 U.S.C. 2241 and DISMISS this action with prejudice. Signed on 3/13/19 by Judge Michael W. Mosman. (dls)
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Filing 17
ORDER: The Court GRANTS Petitioners Yeni Nieblas-Escarrega and Marshall Allen Stucky's Unopposed Motion #16 to voluntarily dismiss their participation in this habeas action. This dismissal is without prejudice. Ordered by Judge Michael W. Mosman. (dls)
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| Filing 16 Unopposed Motion to Dismiss . Filed by Yeni Nieblas-Escarrega, Marshall Allen Stucky. (Sady, Stephen) |
| Filing 15 OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Temporary Restraining Order Hearing held on 2/26/2019 before Chief Judge Michael W. Mosman, Court Reporter Bonita J. Shumway, telephone number 503-326-8188 or bonita_shumway@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 or PACER-See Policy at ord.uscourts.gov. Notice of Intent to Redact Transcript is due by 3/15/2019. Redaction Request due 3/29/2019. Redacted Transcript Deadline set for 4/8/2019. Release of Transcript Restriction set for 6/6/2019. (Shumway, Bonita) |
| Filing 14 Joint Status Report and Request for Ruling. Filed by Timothy Lashawn Allen, Juan Jesus Borrego, Darren Bottinelli, Michael Eugene Davis, Pamela Marie McGowan, Yeni Nieblas-Escarrega, Mark Nutter, Ricardo Cesar Ramirez, Marshall Allen Stucky, Alex Durand Williams-Davis. (Sady, Stephen) |
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Filing 13
Scheduling Order by Judge Michael W. Mosman. Status Report is due by 3/8/2019. Ordered by Judge Michael W. Mosman. (dls)
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Filing 12
ORDER: GRANTING Motion to Withdraw Motions for Class Certification and for Interim Relief #11 and WITHDRAWING Motion for Order Motion And Memorandum In Support Of Class Certification For Petition For Writ Of Habeas Corpus And For Declaratory And Injunctive Relief #4 . Order STRIKING the Hearing set on 3/22/2019 from 9:00 AM to 12:00 PM in Portland Courtroom 16 before Judge Michael W. Mosman. Ordered by Judge Michael W. Mosman. (dls)
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| Filing 11 Motion to Withdraw Motions for Class Certification and for Interim Relief. Filed by Timothy Lashawn Allen, Juan Jesus Borrego, Darren Bottinelli, Michael Eugene Davis, Pamela Marie McGowan, Yeni Nieblas-Escarrega, Mark Nutter, Ricardo Cesar Ramirez, Marshall Allen Stucky, Alex Durand Williams-Davis. (Sady, Stephen) |
| Filing 10 Notice of Appearance of Jared Hager appearing on behalf of William Brown, Josias Salazar Filed by on behalf of William Brown, Josias Salazar. (Hager, Jared) |
| Filing 9 MINUTES of Proceedings: Temporary Restraining Order Hearing held. Order DENYING Petitioners' Emergency Motion for Temporary Restraining Order #5 for the reasons stated on the record. Hearing set on 3/22/2019 from 9:00 AM to 12:00 PM in Portland Courtroom 16 before Judge Michael W. Mosman, for Preliminary Injunction and arguments on the merits of the Petition for Writ of Habeas Corpus #1 and Petitioner's Motion for Class Certification #4 . The parties shall submit simultaneous briefings addressing these motions no later than 12:00PM on 3/15/2019. Stephen R. Sady present as counsel for petitioner(s). Jared Hager present as counsel for respondent(s).(Court Reporter Bonita Shumway.)Judge Michael W. Mosman presiding. (dls) Modified on 2/27/2019 (dls). |
| Filing 8 Response in Opposition to Emergency Motion for Temporary Restraining Order and Memorandum in Support of Application (Expedited Consideration Requested) #5 . Filed by All Defendants. (Hager, Jared) |
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Filing 7
Scheduling Order by Judge Michael W. Mosman regarding Emergency Motion for Temporary Restraining Order and Memorandum in Support of Application (Expedited Consideration Requested) #5 . Defendants Response is due Monday, 2/25/2019 at 5:00PM. Oral Argument is set for 2/26/2019 at 02:00PM-3:00PM in Portland Courtroom 16 before Judge Michael W. Mosman. Ordered by Judge Michael W. Mosman. (kms)
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| Filing 6 Memorandum in Support of Relief on the Merits. Filed by Timothy Lashawn Allen, Juan Jesus Borrego, Darren Bottinelli, Michael Eugene Davis, Pamela Marie McGowan, Yeni Nieblas-Escarrega, Mark Nutter, Ricardo Cesar Ramirez, Marshall Allen Stucky, Alex Durand Williams-Davis. (Related document(s): Motion for Order, #4 .) (Sady, Stephen) |
| Filing 5 Emergency Motion for Temporary Restraining Order and Memorandum in Support of Application (Expedited Consideration Requested). Filed by Timothy Lashawn Allen, Juan Jesus Borrego, Darren Bottinelli, Michael Eugene Davis, Pamela Marie McGowan, Yeni Nieblas-Escarrega, Mark Nutter, Ricardo Cesar Ramirez, Marshall Allen Stucky, Alex Durand Williams-Davis. (Sady, Stephen) |
| Filing 4 WITHDRAWN - Motion for Order Motion And Memorandum In Support Of Class Certification For Petition For Writ Of Habeas Corpus And For Declaratory And Injunctive Relief (Expedited Consideration Requested) Petition for Writ of Habeas Corpus 2254,, #1 . Filed by Timothy Lashawn Allen, Juan Jesus Borrego, Darren Bottinelli, Michael Eugene Davis, Pamela Marie McGowan, Yeni Nieblas-Escarrega, Mark Nutter, Ricardo Cesar Ramirez, Marshall Allen Stucky, Alex Durand Williams-Davis. (Sady, Stephen) Modified on 3/6/2019 (dls). |
| Filing 3 Notice of Case Reassignment: This case has been reassigned from Magistrate Judge Youlee Yim You to Judge Michael W. Mosman. (eo) |
| Filing 2 Notice of Case Assignment: This case is assigned to Magistrate Judge Youlee Yim You. (eo) |
| Filing 1 Petition for Writ of Habeas Corpus (2241 - Federal). Filing Fee in amount of $5.00 collected. Receipt No. 82355 issued. Expedited Consideration and Class Certification Requested. Filed by Michael Eugene Davis, Pamela Marie McGowan, Ricardo Cesar Ramirez, Juan Jesus Borrego, Mark Nutter, Yeni Nieblas-Escarrega, Darren Bottinelli, Alex Durand Williams-Davis, Marshall Allen Stucky, Timothy Lashawn Allen against William Brown, Josias Salazar. (eo) Modified docket text on 2/20/2019 to correctly identify case as a 2241, not a 2254 habeas action. (eo) |
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