Clark v. United States
Plaintiff: Ian Clark
Defendant: United States
Case Number: 3:2022cv00931
Filed: June 29, 2022
Court: US District Court for the District of Oregon
Presiding Judge: Stacie F Beckerman
Nature of Suit: Personal Inj. Med. Malpractice
Cause of Action: 28 U.S.C. ยง 1442 Petition for Removal
Jury Demanded By: None
Docket Report

This docket was last retrieved on August 10, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 10, 2022 Opinion or Order Filing 15 ORDER. On August 8, 2022, while the defendant's motion to dismiss for lack of subject matter jurisdiction (ECF No. #3 ) was pending but before the defendant served an answer or motion for summary judgment, the plaintiff filed a motion to dismiss asking "the Court to dismiss the foregoing case at his request." (ECF No. #13 at 2.) The Court construes the plaintiff's motion to dismiss as a notice of voluntary dismissal under Federal Rule of Civil Procedure ("Rule") 41(a)(1), which automatically terminates this case. See Fed. R. Civ. P. 41(a)(1) (explaining that "the plaintiff may dismiss an action without a court order by filing... notice of dismissal before the opposing party serves either an answer or a motion for summary judgment," and that "[u]nless the notice... states otherwise, the dismissal is without prejudice"); see also Am. Soccer Co., Inc. v. Score First Enters., a Div. of Kevlar Indus., 187 F.3d 1108, 1110 (9th Cir. 1999) (explaining that Rule 41(a)(1) "confers on the plaintiff an absolute right to voluntarily dismiss his action prior to service by the defendant of an answer or a motion for summary judgment," and "the filing of a notice of voluntary dismissal with the court automatically terminates the action as to the defendants who are the subjects of the notice" and "no court order is required") (simplified). Ordered on 8/10/2022 by Magistrate Judge Stacie F. Beckerman. (Deposited in outgoing mail to Plaintiff on 8/11/2022.) (gw)
August 10, 2022 Opinion or Order Filing 14 ORDER: Mr. Clark provides no legal basis to recuse Judge Beckerman in this lawsuit. Accordingly, the Court DENIES Plaintiff's motion to recuse Judge Beckerman. ECF #7 . IT IS SO ORDERED. Signed on 8/10/2022 by Judge Michael H. Simon. (Deposited in outgoing mail to pro se party on 8/10/2022.) (gw)
August 8, 2022 Filing 13 Plaintiff's Motion to Dismiss. Filed by Ian Clark. (ecp)
August 4, 2022 Opinion or Order Filing 12 Order for Administrative Correction of the Record pursuant to Fed. R. Civ. P. 60(a) regarding #9 Notice. A Clerical error has been discovered in the case record: A page was missing from the scanned PDF document. 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.(Deposited in outgoing mail to pro se party on 8/4/2022.) (cw)
August 4, 2022 Opinion or Order Filing 11 ORDER: Granting Plaintiff's motion to rescind his electronic filing privileges (ECF No. #10 ). Plaintiff's request to return to conventional filing is granted. Ordered by Magistrate Judge Stacie F. Beckerman. (Deposited in outgoing mail to Plaintiff on 8/4/2022.) (gw)
August 2, 2022 Filing 9 Notice. Clarification of Plaintiff's (Counter) Motion to Dismiss Filed by Ian Clark. (ecp) (Main Document 9 replaced on 8/4/2022) (cw).
August 1, 2022 Filing 10 Motion to Voluntarily Rescind Electronic Filing Privileges.. Filed by Ian Clark. (ecp)
July 26, 2022 Filing 8 Reply to Motion to Dismiss for Lack of Jurisdiction #3 . Filed by United States. (Jeter, Michael)
July 13, 2022 Filing 7 Motion to Recuse. Filed by Ian Clark. (ecp)
July 11, 2022 Filing 6 Response in Opposition to Motion to Dismiss for Lack of Jurisdiction #3 . Plaintiff's Motion to Dismiss Without Prejudice. Filed by Ian Clark. (ecp)
July 5, 2022 Opinion or Order Filing 5 ORDER: Granting Application of Ian Clark for CM/ECF Registration as a Self-Represented Party (ECF No. #4 ). Signed on 7/5/2022 by Magistrate Judge Stacie F. Beckerman. (Deposited in outgoing mail to Plaintiff on 7/5/2022.) (gw)
July 5, 2022 Filing 4 Application for CM/ECF Registration as a Self-Represented Party. Filed by Ian Clark. (ecp)
June 29, 2022 Filing 3 Motion to Dismiss for Lack of Jurisdiction . Filed by United States. (Jeter, Michael)
June 29, 2022 Opinion or Order Filing 2 Notice of Case Assignment to Magistrate Judge Stacie F. Beckerman and Discovery and Pretrial Scheduling Order. Discovery is to be completed by 10/27/2022. Joint Alternate Dispute Resolution Report is due by 11/28/2022. Pretrial Order is due by 11/28/2022. Ordered by Magistrate Judge Stacie F. Beckerman. (Deposited in outgoing mail to pro se party on 6/29/2022.) (ecp)
June 29, 2022 Filing 1 Notice of Removal of Case Number 22CV10784 from Clackamas County Circuit Court. (fee exempt status selected (AUSA)). Filed by United States (Attachments: #1 Exhibit Declaration of Mary Christofferson, #2 Exhibit Certification of Civil Chief, #3 Exhibit Notice of Substitution, #4 Exhibit State Court Pleadings, #5 Civil Cover Sheet). (Jeter, Michael)

Access additional case information on PACER

Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.

Access this case on the Oregon District Court's Electronic Court Filings (ECF) System

Search for this case: Clark v. United States
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Web [ Unicourt | Legal Web | Google | Bing | Yahoo | Ask ]
Plaintiff: Ian Clark
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: United States
Represented By: Michael James Jeter
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?