Adeyinka v. Empire Towing and Transport
| Emmanuel Aleyleka and Emmanuel Adeyinka |
| Empire Towing and Transport, Clackamas County Sheriff Office, Burlington, Matt Roach, Brett Ethington and Letitia Walkers |
| 3:2023cv00316 |
| March 6, 2023 |
| US District Court for the District of Oregon |
| Stacie F Beckerman |
| Youlee Yim You |
| Civil Rights: Other |
| 42 U.S.C. § 1981 Civil Rights |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 13, 2023. A more recent docket listing may be available from PACER.
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| USCA Case Number and Notice confirming Docketing Record on Appeal re Notice of Appeal(20 in 3:23-cv-00316-YY, 19 in 3:23-cv-00317-YY). Case Appealed to Ninth Circuit Court of Appeals Case Number 23-35311 assigned. Associated Cases: 3:23-cv-00316-YY, 3:23-cv-00317-YY (ecp) |
| Filing 20 Notice of Appeal. Related Documents: Judgment #19 (18 in 3:23-cv-00317-YY). (IFP Granted). Filed by Emmanuel Adeyinka. Associated Cases: 3:23-cv-00316-YY, 3:23-cv-00317-YY (dino) |
| Filing 19 JUDGMENT: Pursuant to the settlement agreement signed by plaintiff on April 19, 2023, and which states that it "shall constitute full and final settlement of the above referenced lawsuits," a "general judgment of dismissal, with prejudice, is entered as to all parties and claims," i.e., a "full dismissal of both actions." Signed on 4/24/2023 by Magistrate Judge Youlee Yim You. Associated Cases: 3:23-cv-00316-YY, 3:23-cv-00317-YY. (Deposited in outgoing mail to pro se party on 4/26/2023.) (pvh) |
| Filing 18 Supplement (Titled: Proof of Ownership) . Filed by Emmanuel Adeyinka. (kgc) |
| Filing 17 Supplement. Filed by Emmanuel Adeyinka. (kgc) |
| Filing 16 Supplement. Filed by Emmanuel Adeyinka. Associated Cases: 3:23-cv-00316-YY, 3:23-cv-00317-YY (kgc) |
Filing 15
NOTICE TO SELF-REPRESENTED LITIGANTS. Ordered by Magistrate Judge Youlee Yim You. (Deposited in outgoing mail to pro se party on 3/15/2023.) (pvh)
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| Filing 14 Amended Complaint 3. Filed by Emmanuel Adeyinka against All Defendants. (kgc) |
| Filing 13 Exhibit. Filed by Emmanuel Adeyinka. Associated Cases: 3:23-cv-00316-YY, 3:23-cv-00317-YY (kgc) |
| Filing 12 Amended Complaint. Filed by Emmanuel Adeyinka against All Defendants. (kgc) |
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Filing 11
ORDER: Plaintiff shall file a second amended complaint by April 14, 2023, curing the defects set forth in this order or this case may be dismissed. Because the cases have been consolidated, it is only necessary to file the second amended complaint in case no. 3:23-cv-00316-YY. Also, because the cases have been consolidated, the second amended complaint must include all claims, and all defendants against whom plaintiff seeks to pursue those claims, in both cases. IT IS SO ORDERED. Signed on 3/13/2023 by Magistrate Judge Youlee Yim You. Associated Cases: 3:23-cv-00316-YY, 3:23-cv-00317-YY (Deposited in outgoing mail to pro se party on 3/13/2023.) (pvh)
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Filing 10
ORDER: Because case nos. 3:23-cv-00316-YY and 3:23-cv-00317-YY involve a common question of law and fact, they are consolidated pursuant to Federal Rule of Civil Procedure 42(a). Case No. 3:23-cv-00316-YY is the lead case and all orders and decisions pertaining to both cases will be entered in that case. The parties shall adhere to Local Rule 42-4, "Identifying Lead Case Information on Consolidated Papers," when submitting future pleadings in these matters. Ordered by Magistrate Judge Youlee Yim You. (Deposited in outgoing mail to pro se party on 3/13/2023.) (pvh)
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Filing 9
ORDER: Plaintiff's motion for appointment of counsel #4 is denied. There is no constitutional right to counsel in a civil case. United States v. 30.64 Acres of Land, 795 F.2d 796, 801 (9th Cir. 1986). Pursuant to 28 U.S.C. 1915(e), this court has discretion to request volunteer counsel for indigent plaintiffs in exceptional circumstances. Agyeman v. Corrections Corporation of America, 390 F.3d 1101, 1103 (9th Cir. 2004) (citing Franklin v. Murphy, 745 F.2d 1221, 1236 (9th Cir. 1984)). To determine whether exceptional circumstances exist, the court evaluates "the likelihood of the plaintiff's success on the merits and an evaluation of the plaintiff's ability to articulate his claims 'in light of the complexity of the legal issues involved.'" Agyeman, 390 F.3d at 1103 (quoting Wilborn v. Escalderon, 789 F.2d 1328, 1331 (9th Cir. 1986)). Plaintiff has failed to demonstrate a likelihood of success on the merits here. Ordered by Magistrate Judge Youlee Yim You. (Deposited in outgoing mail to pro se party on 3/13/2023.) (pvh)
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Filing 7
ORDER: Granting Motion for Leave to Proceed in Forma Pauperis #1 . Ordered by Magistrate Judge Youlee Yim You. (Deposited in outgoing mail to pro se party on 3/13/2023.) (pvh)
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| Filing 6 Notice of Case Reassignment: This case has been reassigned from Magistrate Judge Stacie F. Beckerman to Magistrate Judge Youlee Yim You. (Deposited in outgoing mail to pro se party on 3/13/23.) (eo) |
| Filing 8 Individual Party Consent to Jurisdiction by U.S. Magistrate Judge. (kgc) |
| Filing 5 Amended Complaint. Filed by Emmanuel Adeyinka against Empire Towing and Transport, Clackamas County Sheriff Office, Burlington, Matt Roach, Brett Ethington, Letitia Walkers. (ecp) |
| Filing 4 Motion for Appointment of Counsel. Filed by Emmanuel Adeyinka. (kgc) |
| Filing 3 Notice of Case Assignment: This case is assigned to Magistrate Judge Stacie F. Beckerman. (Deposited in outgoing mail to pro se party on 3/6/2023.) (kgc) |
| Filing 2 Complaint. Jury Trial Requested: Yes. Filed by Emmanuel Aleyleka against All Defendants (Attachments: #1 Civil Cover Sheet). (kgc) |
| Filing 1 Application for Leave to Proceed IFP. Filed by Empire Towing and Transport. (kgc) |
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