Adeyinka v. Empire Towing and Transports
Emmanuel Aleyleka and Emmanuel Adeyinka |
Empire Towing and Transports, Clackamas County Sheriff Office, Burlington, Matt Roach, Brett Ethington and Letitia Walkers |
3:2023cv00317 |
March 6, 2023 |
US District Court for the District of Oregon |
Youlee Yim You |
Civil Rights: Other |
42 U.S.C. § 1981 Civil Rights |
Plaintiff |
Docket Report
This docket was last retrieved on May 4, 2023. A more recent docket listing may be available from PACER.
Document Text |
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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 19 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 18 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 17 Supplement. Filed by Emmanuel Adeyinka. Associated Cases: 3:23-cv-00316-YY, 3:23-cv-00317-YY (kgc) |
Filing 16 Amended Complaint 3. Filed by Emmanuel Adeyinka against All Defendants. (kgc) |
Filing 15 Exhibit. Filed by Emmanuel Adeyinka. Associated Cases: 3:23-cv-00316-YY, 3:23-cv-00317-YY (kgc) |
Filing 14 Amended Complaint. Filed by Emmanuel Adeyinka against All Defendants. (kgc) |
Filing 13 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) |
Filing 12 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) |
Filing 11 ORDER: Because this case will be consolidated with 3:23-cv-00316-YY, and plaintiff has filed amended complaints in both cases, the order #4 and amended order #5 are withdrawn and a new order will be issued in the consolidated cases. Ordered by Magistrate Judge Youlee Yim You. (Deposited in outgoing mail to pro se party on 3/13/2023.) (pvh) |
Filing 10 ORDER: Plaintiff's motion for appointment of counsel #7 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) |
Filing 9 Individual Party Consent to Jurisdiction by U.S. Magistrate Judge. (kgc) |
Filing 8 Amended Complaint. Filed by Emmanuel Adeyinka against Clackamas County Sheriff Office, Burlington, Matt Roach, Brett Ethington, Letitia Walkers. (ecp) |
Filing 7 Motion for Appointment of Counsel. Filed by Emmanuel Adeyinka. (kgc) |
Filing 6 NOTICE TO SELF-REPRESENTED LITIGANTS. Ordered by Magistrate Judge Youlee Yim You. (Deposited in outgoing mail to pro se party on 3/7/23.) (gm) |
Filing 5 AMENDED ORDER: Plaintiff's Application/Motion for Leave to Proceed in Forma Pauperis #1 is Granted. Plaintiff shall file an amended complaint by 4/7/2023 or this case will be dismissed. Signed on 3/7/23 by Magistrate Judge Youlee Yim You. (Deposited in outgoing mail to pro se party on 3/7/23.) (gm) Modified pursuant to Order 11 on 3/13/2023 (pvh). |
Filing 4 ORDER: Plaintiff's Application/Motion for Leave to Proceed in Forma Pauperis #1 is Granted. Plaintiff shall file an amended complaint by 4/3/2023 or this case will be dismissed. Signed on 3/7/23 by Magistrate Judge Youlee Yim You. (Deposited in outgoing mail to pro se party on 3/7/23.) (gm) Modified pursuant to Order 11 on 3/13/2023 (pvh). |
Filing 3 Notice of Case Assignment: This case is assigned to Magistrate Judge Youlee Yim You. (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 Emmanuel Aleyleka. (kgc) |
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