Poulson v. Wheeler et al
| Kermit Ty Poulson |
| Amelia Templeton, Ted Wheeler, Maxine Bernstein and Jessica Anderson |
| 3:2020cv01852 |
| October 26, 2020 |
| US District Court for the District of Oregon |
| John V Acosta |
| Civil Rights: Other |
| 28 U.S.C. ยง 1983 |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 14, 2020. A more recent docket listing may be available from PACER.
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Filing 8
JUDGMENT - Based on the Court's Order, IT IS ADJUDGED that this case is DISMISSED. Plaintiff's claim under the Federal Hate Crimes Act, 18 U.S.C. 249 is dismissed with prejudice. Plaintiff's claims under 42 U.S.C. 1983 are dismissed without prejudice, but Plaintiff may refile those claims only if Plaintiff successfully overturns his criminal conviction. Signed on 12/14/2020 by Judge Michael H. Simon. (Mailed to Pro Se party on 12/14/2020.) (mja)
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Filing 7
ORDER - No party having made objections, this Court follows the recommendation of the Advisory Committee and reviews Judge Acosta's Findings and Recommendation for clear error on the face of the record. No such error is apparent. Accordingly, the Court ADOPTS Judge Acosta's Findings and Recommendation, ECF #5 . The Court dismisses Poulson's Federal Hate Crimes claim with prejudice. The Court dismisses Poulson's 1983 claims without leave to amend. The Court's dismissal of Poulson's 1983 claim is without prejudice to his right to refile those claims should he successfully invalidate his criminal conviction in the future. Signed on 12/14/2020 by Judge Michael H. Simon. (Mailed to Pro Se party on 12/14/2020.) (mja)
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Filing 6
Order referring Findings & Recommendation: Complaint #2 , #5 to Judge Michael H. Simon. Ordered by Magistrate Judge John V. Acosta.(Mailed to Pro Se party on 11/13/2020.) (pjg)
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| Filing 5 Findings & Recommendation: Based on the foregoing, the court recommends that Poulson's Complaint (ECF No. #2 ) be DISMISSED for failing to state a claim. His hate speech claim pursuant to 18 U.S.C. 249 should be dismissed with prejudice and without leave to amend. Poulson's remaining federal claims should be dismissed without leave to amend because he cannot able to cure the deficiencies in the Complaint through amendment, because his criminal conviction has not been invalidated. The dismissal of Poulson's First Amendment, Fourth Amendment, and ADA violation claims is without prejudice to his right to refile his Complaint should he successfully invalidate his criminal conviction and sentence in the future. Because Poulsons federal claims should be dismissed without leave to amend, the court should decline to exercise supplemental jurisdiction over Plaintiff's state law claims. All other pending motions should be denied as MOOT. Scheduling Order: These Findings and Recommendation will be referred to a district judge. Objections to them, if any, are due fourteen (14) days from today's date. Failure to file objections within the specified time may waive the right to appeal the District Judge's order to the court of appeals. Martinez v. Ylst, 951 F.2d 1153, 1156 (9th Cir. 1991). DATED this 13th day of November, 2020 by United States Magistrate Judge John V. Acosta.(Mailed to Pro Se party on 11/13/2020.) (pjg) |
| Filing 4 Mail Returned - Undeliverable: Case Assignment Notice #3 sent to Kermit Ty Poulson returned as undeliverable. (joha) |
| Filing 3 Notice of Case Assignment: This case is assigned to Magistrate Judge John V. Acosta. (Mailed to Pro Se party on 10/28/2020.) (joha) |
| Filing 2 Complaint. Jury Trial Requested: Yes. Filed by Kermit Ty Poulson against All Defendants. (joha) |
| Filing 1 Application for Leave to Proceed IFP. Filed by Kermit Ty Poulson. (joha) |
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