Tilahun v. Gower et al
| Tilahun and Shua Tilahun |
| Gower, Michael F. Gower, Jana Russell, Todd Byerly, Amy Schlapper, Carrie Coffee, Dr. Reed Paulson, Dr. Steven R. Shelton, Christina M. Jensen, Barbara Miller, Ann Griffith and Celia Throop |
| 6:2016cv00070 |
| January 15, 2016 |
| US District Court for the District of Oregon |
| Eugene (6) Office |
| John V Acosta |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| Both |
Docket Report
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| Partial Filing Fee in amount of $350.00 collected; Receipt No. 96788 issued. (ljp) |
| Filing 177 JUDGMENT: Based on the record, IT IS ORDERED AND ADJUDGED that this action is dismissed with prejudice. Pending motions, if any, are denied as moot. DATED: July 28, 2021 by United States District Judge Marco A. Hernandez.(Deposited in outgoing mail to pro se party on 7/29/2021.) (pjg) |
Filing 176
ORDER: The Court ADOPTS Magistrate Judge Acosta's Findings and Recommendation #169 . Therefore, Plaintiff's Motion for Summary Judgment #101 1 is DENIED and Defendant's Motion for Summary Judgment #142 is GRANTED. IT IS SO ORDERED. DATED: July 28, 2021 by United States District Judge Marco A. Hernandez. (Deposited in outgoing mail to pro se party on 7/29/2021.) (pjg) Modified on 7/29/2021 (pjg).
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| Filing 175 Motion for Settlement. Filed by Shua Tilahun. (joha) |
| Filing 174 Response to Defendant's Reply to Plaintiffs Objections to Findings & Recommendation. Filed by Shua Tilahun. (joha) |
| Filing 173 Motion to Quash Plaintiff's Summary Judgment. Filed by Shua Tilahun. (joha) |
| Filing 172 Response to Objections to Findings & Recommendation. Related document(s): #171 Objections to Findings & Recommendation. Filed by Todd Byerly, Carrie Coffee, Michael F. Gower, Ann Griffith, Christina M. Jensen, Barbara Miller, Reed Paulson, Jana Russell, Amy Schlapper, Steven R. Shelton, Celia Throop. (Spooner, Jessica) |
| Filing 171 Objections to Findings & Recommendation #169 . Titled, "Motion to Dismiss Findings and Recommendations." Filed by Shua Tilahun. (dsg) |
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Filing 170
Order referring Findings & Recommendation #169 to Judge Hernandez. Ordered by Magistrate Judge John V. Acosta. (Deposited in outgoing mail to pro se party on 5/3/2021.) (dsg)
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| Filing 169 Findings & Recommendation: Plaintiff's Motion for Summary Judgment #101 should be DENIED, defendant's Motion for Summary Judgment #142 should be GRANTED, and judgment of dismissal with prejudice should be entered. Objections to the Findings and Recommendation are due by 5/17/2021. Signed on 5/3/2021 by Magistrate Judge John V. Acosta. (Deposited in outgoing mail to pro se party on 5/3/2021.) (dsg) |
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Filing 168
ORDER: For reasons stated, the court DENIES plaintiff's motions for preliminary injunction (ECF Nos. #31 , #59 , #81 , and #93 ). IT IS SO ORDERED. DATED April 1, 2021, by Chief United States District Judge Marco A. Hernndez. (Deposited in outgoing mail to pro se party on 4/1/2021.) (pjg)
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| Filing 167 Motion to Object to a Magistrate Judge. Filed by Shua Tilahun. (dsg) |
| Filing 166 Individual Party Consent to Jurisdiction by U.S. Magistrate Judge. |
| Filing 165 Motion to Rescind Fees. Filed by Shua Tilahun. (Attachments: #1 Account Summary) (sb) |
| Filing 164 Declaration of Shua Tilahun. Filed by Shua Tilahun. (Related document(s): Motion to Disqualify Judge #163 .) (dsg) |
| Filing 163 Motion to Disqualify Judge. Filed by Shua Tilahun. (dsg) |
| Filing 162 Motion for Order. Titled, "Ex Parte Motion Concerning." Filed by Shua Tilahun. (dsg) |
| Filing 161 Clerk's Notice of Mailing to Shua Tilahun regarding Order on Motion - Miscellaneous, Order on Motion to Compel 160 , Order on motion for extension of time 159 , Order on motion for extension of time to file Response/Reply 158 . (dsg) |
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Filing 160
ORDER: The court construes Plaintiff's Motion for Assignment of an Investigator #57 ,as a motion for a court-appointed expert witness under Fed. R. Evid. 706(a). So construed, the Court DENIES the motion on the basis that Rule 706 does not contemplate court appointment and compensation of an expert witness as an advocate for a party. Faletogo v. Moya, Case No. 12cv631 GPC (WMC), 2013 WL 524037 at *2 (S.D. Cal. Feb. 12, 2013). The court DENIES Plaintiff's Motion to Compel #88 . The court find Plaintiff's request for any and all internal emails written by, or addressed to, any of the named Defendants which mention the Plaintiff dated anytime between January 2011 and the present to be overly broad and unduly burdensome. The court finds Plaintiff's request for "each and every Form CD 1382 Code of Ethics forms signed by each and every Defendant as a requirement of their employment by the Oregon Department of Corrections" is not proportional to the needs of the case, seeks documents not relevant to the claims in this case, and seeks documents unlikely to lead to the discovery of admissible evidence. The Court hereby accepts Plaintiff's "Reply to Defendants' Reply to Plaintiff's Response to Defendants' Motion for Summary Judgment" #156 and Defendants' "Response to Plaintiff's Reply" #157 . The court takes the parties' cross motions for summary judgment #75 , #101 , and #142 , as well as Plaintiff's requests for injunctive relief #31 , #59 , #81 , and #93 UNDER ADVISEMENT as of 3/12/2018. The court advises the parties that no further briefing on any pending motion will be accepted by the court. Ordered by Magistrate Judge John V. Acosta. (ps1)
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Filing 159
ORDER: Granting Defendants' Motion for Extension of Time #139 , nunc pro tunc, to 1/12/2018, to file dispositive motions. Ordered by Magistrate Judge John V. Acosta. (ps1)
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Filing 158
ORDER: Granting Defendants' Motion for Extension of Time, nunc pro tunc, to 2/20/2018, to file Response to Plaintiff's motion for summary judgment. Ordered by Magistrate Judge John V. Acosta. (ps1)
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| Filing 157 Response to Plaintiff's Reply #156 to Motion for Summary Judgment #142 . Filed by All Defendants. (Spooner, Jessica) |
| Filing 156 Reply to Defendants' Reply to Plaintiff's Response to Defendants' Motion for Summary Judgment. Filed by Shua Tilahun. (Related document(s): Reply #155 .) (joha) |
| Filing 155 Reply to Plaintiff's Response to Motion for Summary Judgment #142 . Filed by All Defendants. (Spooner, Jessica) |
| Filing 154 Declaration of Jessica Spooner in Support of Motion for Extension of Time to Reply to Plaintiff's Response to Defendants' Motion for Summary Judgment. Filed by All Defendants. (Related document(s): Motion for Extension of Time to File Response/Reply to a Motion #153 .) (Spooner, Jessica) |
| Filing 153 Motion for Extension of Time to File a Response/Reply to Motion for Summary Judgment #142 . Filed by All Defendants. (Spooner, Jessica) |
| Filing 152 Response to Motion for Summary Judgment #142 . Filed by Shua Tilahun. (dsg) |
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Filing 151
Summary Judgment Advice Notice and Scheduling Order regarding Motion for Summary Judgment #142 . Response is due by 2/15/2018. Ordered by Magistrate Judge John V. Acosta. (Mailed copy to plaintiff) (dsg)
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| Filing 150 Response to Plaintiff's Motions for Summary Judgment [#101-108, 110-117, 120-127, 130-135] to Motion for Partial Summary Judgment #114 , Motion for Partial Summary Judgment #101 . Filed by All Defendants. (Spooner, Jessica) |
| Filing 149 Declaration of Carrie Coffey in Support of Motion for Summary Judgment. Filed by All Defendants. (Related document(s): Motion for Summary Judgment #142 .) (Spooner, Jessica) |
| Filing 148 Declaration of Adam Kidwell in Support of Motion for Summary Judgment. Filed by All Defendants. (Related document(s): Motion for Summary Judgment #142 .) (Spooner, Jessica) |
| Filing 147 Declaration of Reed Paulson M.D. in Support of Motion for Summary Judgment. Filed by All Defendants. (Related document(s): Motion for Summary Judgment #142 .) (Spooner, Jessica) |
| Filing 146 Declaration of Gabriell Gitnes in Support of Motion for Summary Judgment. Filed by All Defendants. (Related document(s): Motion for Summary Judgment #142 .) (Spooner, Jessica) |
| Filing 145 Declaration of Donald Dravis M.D. in Support of Motion for Summary Judgment. Filed by All Defendants. (Related document(s): Motion for Summary Judgment #142 .) (Spooner, Jessica) |
| Filing 144 Declaration of Captain Dennis Long in Support of Motion for Summary Judgment. Filed by All Defendants. (Related document(s): Motion for Summary Judgment #142 .) (Spooner, Jessica) |
| Filing 143 Declaration of Jessica Spooner in Support of Motion for Summary Judgment. Filed by All Defendants. (Related document(s): Motion for Summary Judgment #142 .) (Spooner, Jessica) |
| Filing 142 Motion for Summary Judgment . Filed by All Defendants. (Spooner, Jessica) |
| Filing 141 Notice of Attorney Withdrawal: of Todd Albert Filed by All Defendants. (Spooner, Jessica) |
| Filing 140 Declaration of Todd Albert in Support of Defendants' Motion to File Dispositive Motions. Filed by All Defendants. (Related document(s): Motion for Extension of Time #139 .) (Albert, Todd) |
| Filing 139 Motion for Extension of Time to File Dispositive Motions. Filed by All Defendants. (Albert, Todd) |
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Filing 138
ORDER: The Court notes Plaintiff has filed multiple motions for "partial summary judgment," apparently upon the mistaken belief that he needs to file a separate motion for each operative fact. In the interests of judicial economy, the Court considers Plaintiff's initial Motion for Partial Summary Judgment #101 as the operative motion, and construes Plaintiff's remaining motions #102 , #103 , #104 , #105 , #106 , #107 , #108 , #110 , #111 , #112 , #113 , #114 , #115 , #116 , #117 , #120 , #121 , #122 , #123 , #124 , #125 , #126 , #127 , #130 , #131 , #132 , #133 , #134 , and #135 as memoranda in support of the initial motion. So construed, the Court GRANTS Defendants' motion for extension of time #136 to file a response to Plaintiff's motion(s). Defendants shall have until 1/12/2018, to file their response. Plaintiff shall have until 2/9/2018, to file his reply, and Plaintiff's motion(s) for partial summary judgment #101 , as supported by the documents referenced above, shall be taken UNDER ADVISEMENT that date. IT IS FURTHER ORDERED that Plaintiff's motion for extension of time #128 to file additional motions for partial summary judgment and to complete discovery is DENIED, and the operative discovery and dispositive motion deadline remains 11/2/2017. The denial of Plaintiff's motion is without prejudice to Plaintiff's right to renew his request upon resolution of the outstanding motions. Ordered by Magistrate Judge John V. Acosta. (ps1) Modified on 1/19/2018 to correct the year on the reply deadline from 2017 to 2018. (peg).
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| Filing 137 Declaration of Todd Albert IN SUPPORT OF DEFENDANTS' MOTION FOR EXTENSION OF TIME TO RESPOND TO PLAINTIFF'S PARTIAL MOTIONS FOR SUMMARY JUDGMENT (DOCS NO. 101-108). Filed by All Defendants. (Related document(s): Motion for Extension of Time to File Response/Reply to a Motion,, #136 .) (Albert, Todd) |
| Filing 136 Motion for Extension of Time to File a Response/Reply to Motion for Partial Summary Judgment #103 , Motion for Partial Summary Judgment #101 , Motion for Partial Summary Judgment #102 , Motion for Partial Summary Judgment #107 , Motion for Partial Summary Judgment #104 , Motion for Partial Summary Judgment #106 , Motion for Partial Summary Judgment #108 , Motion for Partial Summary Judgment #105 . Filed by Todd Byerly, Carrie Coffee, Michael F. Gower, Ann Griffith, Christina M. Jensen, Barbara Miller, Reed Paulson, Jana Russell, Amy Schlapper, Steven R. Shelton, Celia Throop. (Albert, Todd) |
| Filing 135 Motion for Partial Summary Judgment - Misconduct Reports. Filed by Shua Tilahun. (eo) |
| Filing 134 Motion for Partial Summary Judgment - Neurontin Discontinued Cheeking. Filed by Shua Tilahun. (eo) |
| Filing 133 Motion for Partial Summary Judgment - Double Celling. Filed by Shua Tilahun. (eo) |
| Filing 132 Motion for Partial Summary Judgment - Involuntary Placement in BHU. Filed by Shua Tilahun. (eo) |
| Filing 131 Motion for Partial Summary Judgment - Plaintiff's Meds in 2014. Filed by Shua Tilahun. (eo) |
| Filing 130 Motion for Partial Summary Judgment - Neurontin Medical not Mental. Filed by Shua Tilahun. (eo) |
| Filing 129 Reply to Fourth Motion for Preliminary Injunction (#93 ). Filed by Shua Tilahun. (eo) |
| Filing 128 Motion for Extension of Time to file Partial Summary Judgment, Request for Production of Documents, et al.. Extension requested to January 31, 2018. Filed by Shua Tilahun. (eo) |
| Filing 119 Clerk's Notice of Mailing of Order for Administrative Correction of the Record mailed to Shua Tilahun. (jw) |
| Filing 127 Motion for Partial Summary Judgment Subject: Multiple Diagnoses Since Childhood. Filed by Shua Tilahun. (Attachments: #1 Exhibit) (jw) |
| Filing 126 Motion for Partial Summary Judgment Subject: Defendant Paulson Dismissive. Filed by Shua Tilahun. (Attachments: #1 Exhibit) (jw) |
| Filing 125 Motion for Partial Summary Judgment Subject: Single Cell Assignment. Filed by Shua Tilahun. (Attachments: #1 Exhibit) (jw) |
| Filing 124 Motion for Partial Summary Judgment Subject: Accusation by Defendant Griffith. Filed by Shua Tilahun. (Attachments: #1 Exhibit) (jw) |
| Filing 123 Motion for Partial Summary Judgment Subject: Pretext Denial of Psych Meds. Filed by Shua Tilahun. (Attachments: #1 Exhibit) (jw) |
| Filing 122 Motion for Partial Summary Judgment Subject: Medication Side Effects. Filed by Shua Tilahun. (Attachments: #1 Exhibit) (jw) |
| Filing 121 Motion for Partial Summary Judgment Subject: Dr. Elmore's Mental Health Assessments. Filed by Shua Tilahun. (Attachments: #1 Exhibit) (jw) |
| Filing 120 Motion for Partial Summary Judgment Subject: Defendant Russell Aware of Mental Illness. Filed by Shua Tilahun. (Attachments: #1 Exhibit) (jw) |
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Filing 118
Order for Administrative Correction of the Record pursuant to Fed. R. Civ. P. 60(a) regarding Motion for Partial Summary Judgment #114 filed by Shua Tilahun. A Clerical error has been discovered in the case record. The Clerk is directed to make the following administrative corrections to the record and regenerate the Notice of Electronic Filing to all parties: Incorrect attachments were originally attached. Clerk has corrected. (jw)
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| Filing 117 Motion for Partial Summary Judgment Subject: Authority for Level 3 Care. Filed by Shua Tilahun. (Attachments: #1 Exhibit) (jw) |
| Filing 116 Motion for Partial Summary Judgment Subject: Defendants Change Mental Health Code. Filed by Shua Tilahun. (Attachments: #1 Exhibit) (jw) |
| Filing 115 Motion for Partial Summary Judgment Subject: Punishment Standard Practice. Filed by Shua Tilahun. (Attachments: #1 Exhibit) (jw) |
| Filing 114 Motion for Partial Summary Judgment Subject: Medication Changed Before Rediagnosis. Filed by Shua Tilahun. (Attachments: #1 Exhibit) (jw) (Main Document 114 replaced on 10/19/2017) (cw). (Attachment 1 replaced on 10/19/2017) (cw). Modified on 1/19/2018 (peg). |
| Filing 113 Motion for Partial Summary Judgment Subject: Defendant Miller Stops Medication. Filed by Shua Tilahun. (Attachments: #1 Exhibit) (jw) |
| Filing 112 Motion for Partial Summary Judgment Subject: Plaintiff Without Medication. Filed by Shua Tilahun. (Attachments: #1 Exhibit) (jw) |
| Filing 111 Motion for Partial Summary Judgment Subject: Plaintiff Rediagnosed. Filed by Shua Tilahun. (Attachments: #1 Exhibit) (jw) |
| Filing 110 Motion for Partial Summary Judgment Subject: Plaintiff Forced to Self-Medicate. Filed by Shua Tilahun. (Attachments: #1 Exhibit) (jw) |
| Filing 100 Response to Plaintiff's Fourth Motion for Preliminary Injunction. Filed by All Defendants. (Related document(s): Motion for Preliminary Injunction #93 .) (Albert, Todd) |
| Filing 109 Certificate of Service by Shua Tilahun of Motion for Partial Summary Judgment #103 , Motion for Partial Summary Judgment #101 , Motion for Partial Summary Judgment #102 , Motion for Partial Summary Judgment #107 , Motion for Partial Summary Judgment #104 , Motion for Partial Summary Judgment #106 , Motion for Partial Summary Judgment #108 , Motion for Partial Summary Judgment #105 . Filed by Shua Tilahun. (jk) |
| Filing 108 Motion for Partial Summary Judgment Subject: Defendant Coffee's Failure to Respond. Filed by Shua Tilahun. (Attachments: #1 Exhibit) (jk) |
| Filing 107 Motion for Partial Summary Judgment Subject: Failure to Follow Up on Facial Injuries. Filed by Shua Tilahun. (Attachments: #1 Exhibit) (jk) |
| Filing 106 Motion for Partial Summary Judgment Subject: Plaintiff's Deviated Septum. Filed by Shua Tilahun. (Attachments: #1 Exhibit) (jk) |
| Filing 105 Motion for Partial Summary Judgment Subject: Plaintiff's Face Broken. Filed by Shua Tilahun. (Attachments: #1 Exhibit) (jk) |
| Filing 104 Motion for Partial Summary Judgment Subject: Facial Injuries Misdiagnosed. Filed by Shua Tilahun. (Attachments: #1 Exhibit) (jk) |
| Filing 103 Motion for Partial Summary Judgment Subject: Plaintiff's Herniated Disk. Filed by Shua Tilahun. (Attachments: #1 Exhibit) (jk) |
| Filing 102 Motion for Partial Summary Judgment Subject: Neurontin Not Narcotic. Filed by Shua Tilahun. (Attachments: #1 Exhibit) (jk) |
| Filing 101 Motion for Partial Summary Judgment Subject: Plaintiff Prescribed Neurontin. Filed by Shua Tilahun. (Attachments: #1 Exhibit) (jk) |
| Filing 99 Declaration of Todd Albert in support of Defendants' Response to Plaintiff's Motion to Compel. Filed by All Defendants. (Related document(s): Response to Motion #98 .) (Albert, Todd) |
| Filing 98 Response to Motion to Compel #88 . Filed by Todd Byerly, Carrie Coffee, Michael F. Gower, Ann Griffith, Christina M. Jensen, Barbara Miller, Reed Paulson, Jana Russell, Amy Schlapper, Steven R. Shelton, Celia Throop. (Albert, Todd) |
| Filing 97 Clerk's Notice of Mailing to Shua Tilahun regarding Order on motion for extension of time to file Response/Reply, 96 . (dsg) |
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Filing 96
ORDER: Granting Defendants' Motion for Extension of Time to File Response to Plaintiff's Motion for Preliminary Injunction #93 to the extent that Defendants' Response is due by 10/12/2017. Plaintiff's Reply is due by 10/26/2017, and Plaintiff's Fourth Motion for Preliminary Injunction is taken under advisement as of that date. Ordered by Judge Marco A. Hernandez. (ps1)
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| Filing 95 Declaration of Todd Albert in support of Defendant's Motion for Extension of Time to Respond to Plaintiff's Fourth Motion for Preliminary Injunction. Filed by All Defendants. (Related document(s): Motion for Extension of Time to File Response/Reply to a Motion, #94 .) (Albert, Todd) |
| Filing 94 Motion for Extension of Time to File a Response/Reply to Motion for Preliminary Injunction #93 . Filed by Todd Byerly, Carrie Coffee, Michael F. Gower, Ann Griffith, Christina M. Jensen, Barbara Miller, Reed Paulson, Jana Russell, Amy Schlapper, Steven R. Shelton, Celia Throop. (Albert, Todd) |
| Filing 93 Fourth Motion for Preliminary Injunction. Filed by Shua Tilahun. (jw) |
| Filing 92 Clerk's Notice of Mailing to Shua Tilahun regarding Order on Motion to Compel, Order on motion for extension of time to file Response/Reply 91 . (dsg) |
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Filing 91
ORDER: Granting Defendants' Motion for Extension of Time #89 . Defendants' Response to Plaintiff's Motion to Compel is due by 10/6/2017. Plaintiff's Motion to Compel #88 is taken under advisement as of 10/6/2017. Ordered by Magistrate Judge John V. Acosta. (ps2)
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| Filing 90 Declaration of Todd Albert in Support of Defendant's Motion for Extension of Time to Respond to Plaintiff's Motion to Compel. Filed by All Defendants. (Related document(s): Motion for Extension of Time to File Response/Reply to a Motion #89 .) (Albert, Todd) |
| Filing 89 Motion for Extension of Time to File a Response/Reply to Motion to Compel #88 . Filed by All Defendants. (Albert, Todd) |
| Filing 88 Motion to Compel. Filed by Shua Tilahun. (Attachments: #1 Attachments) (dsg) |
| Filing 87 Declaration of Corporal Ken Stepp . Filed by All Defendants. (Related document(s): Response to Motion #86 .) (Albert, Todd) |
| Filing 86 Response to Plaintiff's Third to Motion for Preliminary Injunction #81 . Filed by All Defendants. (Albert, Todd) |
| Filing 85 Clerk's Notice of Mailing to Shua Tilahun regarding Order on motion for extension of discovery & PTO deadlines 84 . (dsg) |
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Filing 84
ORDER: Granting Plaintiff's unopposed Motion for Extension of Discovery & PTO Deadlines #82 . Discovery shall be completed and all pretrial, discovery, and dispositive motions are due by 11/2/2017. Ordered by Magistrate Judge John V. Acosta. (ps1)
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| Filing 83 Response (titled "Defendants' Response to Plaintiff's Motion for Extension of Time") to Motion for Extension of Discovery & PTO Deadlines #82 . Filed by Todd Byerly, Carrie Coffee, Michael F. Gower, Ann Griffith, Christina M. Jensen, Barbara Miller, Reed Paulson, Jana Russell, Amy Schlapper, Steven R. Shelton, Celia Throop. (Spooner, Jessica) |
| Filing 82 Motion for Extension of Discovery & PTO Deadlines. Filed by Shua Tilahun. (dsg) |
| Filing 81 Third Motion for Preliminary Injunction. Filed by Shua Tilahun. (dsg) |
| Filing 80 Reply to Motion for Preliminary Injunction #59 . Filed by Shua Tilahun. (kms) |
| Filing 79 Reply to Motion for Partial Summary Judgment #75 . Filed by Shua Tilahun. (kms) |
| Filing 78 Declaration of Gabriell Gitnes . Filed by All Defendants. (Related document(s): Response to Motion #76 .) (Spooner, Jessica) |
| Filing 77 Declaration of Captain Dennis Long . Filed by All Defendants. (Related document(s): Response to Motion #76 .) (Spooner, Jessica) |
| Filing 76 Response to Motion for Partial Summary Judgment #75 . Filed by All Defendants. (Spooner, Jessica) |
| Filing 75 Motion for Partial Summary Judgment. Filed by Shua Tilahun. (Attachments: #1 Attachment) (kms) |
| Filing 74 Corrected Certificate of Service by Shua Tilahun of Motion for Extension of Time #70 Filed by Shua Tilahun. (kms) |
| Filing 73 Clerk's Notice of Mailing to Shua Tilahun regarding Order on motion for extension of time 72 . (kms) |
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Filing 72
ORDER: Granting Plaintiff's unopposed Motion for Extension of Time #70 . Discovery shall be completed and all pretrial, discovery, and dispositive motions are due by 8/4/2017. Ordered by Magistrate Judge John V. Acosta. (ps1)
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| Filing 71 Response to Motion for Extension of Time #70 . Filed by Todd Byerly, Carrie Coffee, Michael F. Gower, Ann Griffith, Christina M. Jensen, Barbara Miller, Reed Paulson, Jana Russell, Amy Schlapper, Steven R. Shelton, Celia Throop. (Spooner, Jessica) |
| Filing 70 Motion for Extension of Time. Filed by Shua Tilahun. (kms) |
| Filing 69 Clerk's Notice of Mailing to Shua Tilahun of Order 65 . (gw) |
| Filing 68 Declaration of Tonya Gushard . Filed by All Defendants. (Related document(s): Response to Motion #66 .) (Spooner, Jessica) |
| Filing 67 Declaration of Brian Stephen . Filed by All Defendants. (Related document(s): Response to Motion #66 .) (Spooner, Jessica) |
| Filing 66 Response to Motion for Preliminary Injunction #59 . Filed by All Defendants. (Spooner, Jessica) |
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Filing 65
ORDER: Granting Defendants' Motion for Extension of Time to File Response to Plaintiff's Motion for Preliminary Injunction #59 . Defendants' Response is due by 2/28/2017. Plaintiff's Reply is due by 3/28/2017. Plaintiff's Motion is taken under advisement as of 3/28/2017. Ordered by Magistrate Judge John V. Acosta. (ps1)
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| Filing 64 Declaration of Jessica Spooner . Filed by Todd Byerly, Carrie Coffee, Michael F. Gower, Ann Griffith, Christina M. Jensen, Barbara Miller, Reed Paulson, Jana Russell, Amy Schlapper, Steven R. Shelton, Celia Throop. (Related document(s): Motion for Extension of Time to File Response/Reply to a Motion, #63 .) (Spooner, Jessica) |
| Filing 63 Motion for Extension of Time to File a Response/Reply to Motion for Preliminary Injunction #59 . Filed by Todd Byerly, Carrie Coffee, Michael F. Gower, Ann Griffith, Christina M. Jensen, Barbara Miller, Reed Paulson, Jana Russell, Amy Schlapper, Steven R. Shelton, Celia Throop. (Spooner, Jessica) |
| Filing 62 Response to Motion for Extension of Time #58 . Filed by Todd Byerly, Carrie Coffee, Michael F. Gower, Ann Griffith, Christina M. Jensen, Barbara Miller, Reed Paulson, Jana Russell, Amy Schlapper, Steven R. Shelton, Celia Throop. (Spooner, Jessica) |
| Filing 61 Notice of Association of Attorney Jessica B. Spooner,Jessica B. Spooner for Carrie Coffee,Jessica B. Spooner for Ann Griffith,Jessica B. Spooner for Jana Russell,Jessica B. Spooner for Reed Paulson,Jessica B. Spooner for Christina M. Jensen,Jessica B. Spooner for Celia Throop,Jessica B. Spooner for Michael F. Gower,Jessica B. Spooner for Steven R. Shelton,Jessica B. Spooner for Todd Byerly,Jessica B. Spooner for Barbara Miller,Jessica B. Spooner for Amy Schlapper. Filed by Carrie Coffee, Ann Griffith, Jana Russell, Reed Paulson, Christina M. Jensen, Celia Throop, Michael F. Gower, Steven R. Shelton, Todd Byerly, Barbara Miller, Amy Schlapper (Spooner, Jessica) |
| Filing 60 Notice do not consent. Filed by Shua Tilahun (kms) |
| Filing 59 Motion for Preliminary Injunction. Filed by Shua Tilahun. (Attachments: #1 Attachment) (kms) |
| Filing 58 Motion for Extension of Time. Filed by Shua Tilahun. (kms) |
| Filing 57 Motion for Assignment of Investigator. Filed by Shua Tilahun. (Attachments: #1 Attachment) (kms) |
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Filing 56
Scheduling Order for Civil Rights Actions Filed by Incarcerated Plaintiffs. All pretrial, discovery, and dispositive motions are due by 2/9/2017. Signed on 12/6/2016 by Magistrate Judge John V. Acosta. (copy mailed to plaintiff) (kms)
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| Filing 55 Declaration of Amy Pinkley Wernz . Filed by All Defendants. (Related document(s): Response to Motion #54 .) (Albert, Todd) |
| Filing 54 Response to Motion for Permanent Injunction #31 . Filed by All Defendants. (Albert, Todd) |
| Filing 53 Answer to #47 Amended Complaint, with Jury Demand . Filed by Carrie Coffee, Ann Griffith, Jana Russell, Reed Paulson, Christina M. Jensen, Celia Throop, Michael F. Gower, Steven R. Shelton, Todd Byerly, Barbara Miller, Amy Schlapper. (Albert, Todd) |
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Filing 52
ORDER: IT IS ORDERED that Plaintiff must show cause in writing within 30 days of the date of this Order why his request to the Clerk of the Court for four signed but otherwise blank subpoenas should not be denied. Signed on September 12, 2016 by Magistrate Judge John V. Acosta. (eo) Copy mailed to plaintiff.
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Filing 51
ORDER: Defendants shall have until September 30, 2016, to file a response to Plaintiff's Motion for Injunctive Relief #31 . Plaintiff shall have until October 14, 2016, to file his reply, and Plaintiff's motion shall be taken UNDER ADVISEMENT on that date; 2. Plaintiff's Motion to Appoint Expert Witness #36 is DENIED; 3. Plaintiff's Motion to Withdraw #46 his Petition for an Order that a Public Record Be Made Available for Inspection #41 is GRANTED; 4. Plaintiff's Second Motion for Appointment of Counsel #45 is DENIED; and 5. Defendants' Motion for Extension of Time #48 is GRANTED. Defendants shall have until September 30, 2016, to file an Answer or other appearance herein. Signed on 8/19/2016 by Magistrate Judge John V. Acosta. (copy mailed to plaintiff) (kms)
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| Filing 49 Declaration of Todd Albert . Filed by All Defendants. (Related document(s): Motion for Extension of Time to Answer a Complaint/Petition, #48 .) (Albert, Todd) |
| Filing 48 Motion for Extension of Time to Answer Amended Complaint, #47 . Filed by Carrie Coffee, Ann Griffith, Jana Russell, Reed Paulson, Christina M. Jensen, Celia Throop, Michael F. Gower, Steven R. Shelton, Todd Byerly, Barbara Miller, Amy Schlapper. (Albert, Todd) |
| Filing 47 Amended Complaint. Filed by Shua Tilahun against Todd Byerly, Carrie Coffee, Michael F. Gower, Ann Griffith, Christina M. Jensen, Barbara Miller, Reed Paulson, Jana Russell, Amy Schlapper, Steven R. Shelton, Celia Throop (Attachments: #1 Exhibits). (kms) |
| Filing 50 Request for Subpoenas. Filed by Shua Tilahun. (kms) |
| Filing 46 Motion to Withdraw Motion for Order #41 . Filed by Shua Tilahun. (dsg) |
| Filing 45 Second Motion for Appointment of Counsel. Filed by Shua Tilahun. (Attachments: #1 Affidavit) (dsg) |
| Filing 44 Clerk's Notice of Mailing to Shua Tilahun regarding Order on motion for summary judgment, Order on motion For Leave to File Amended Complaint/Petition, Order on motion for extension of time 43 . (dsg) |
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Filing 43
ORDER: The Court GRANTS Plaintiff's Motion for Leave to File Amended Complaint #37 and Plaintiff's Motion for Extension of Time #39 . Plaintiff's Amended Complaint is due 9/7/2016. Plaintiff is advised that the Amended Complaint will operate as a complete substitute for the present Complaint, not as a supplement. Plaintiff's Motion for Summary Judgment #27 is denied without prejudice to his right to re-file the motion upon the filing of an Amended Complaint. The current due date for completion of discovery and filing of dispositive pretrial motions is STRICKEN, to be re-set upon Defendants' filing of an Answer or other responsive pleading to Plaintiff's Amended Complaint. Plaintiff shall have until 6/30/2016, to submit a notice of withdrawal of his Petition for an Order that a Public Record be made available for Inspection #41 . Ordered by Magistrate Judge John V. Acosta. (ps1)
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| Filing 42 Status Report by Todd Byerly, Carrie Coffee, Michael F. Gower, Ann Griffith, Christina M. Jensen, Barbara Miller, Reed Paulson, Jana Russell, Amy Schlapper, Steven R. Shelton, Celia Throop. Filed by Todd Byerly, Carrie Coffee, Michael F. Gower, Ann Griffith, Christina M. Jensen, Barbara Miller, Reed Paulson, Jana Russell, Amy Schlapper, Steven R. Shelton, Celia Throop. (Albert, Todd) |
| Filing 41 Motion for Order to Inspect a Public Record. Filed by Shua Tilahun. (dsg) |
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Filing 40
ORDER by Judge Acosta - Defense counsel may contact plaintiff directly, as no additional attempts will be made to appoint pro bono counsel for plaintiff. (copy of this order mailed to plaintiff this date). (peg)
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| Filing 39 Motion for Extension of Time. Filed by Shua Tilahun. (dsg) |
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Filing 38
Order Terminating Diane C. Cady as Pro Bono Counsel. Signed on 5/11/16 by Magistrate Judge John V. Acosta. (Mailed copy to plaintiff) (dsg)
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| Filing 37 Motion for Leave to File Amended Complaint. Filed by Shua Tilahun. (dsg) |
| Filing 36 Motion to Appoint Expert Witness. Filed by Shua Tilahun. (dsg) |
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Filing 35
Scheduling Order for Civil Rights Actions Filed by Incarcerated Plaintiffs. All pretrial, discovery, and dispositive motions are due by 6/23/2016. Signed on 4/19/16 by Magistrate Judge John V. Acosta. (Mailed copy to plaintiff) (dsg)
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| Filing 34 Answer to #2 Complaint, with Jury Demand. (titled "Answer and Affirmative Defenses"). Filed by Carrie Coffee, Ann Griffith, Jana Russell, Reed Paulson, Christina M. Jensen, Celia Throop, Michael F. Gower, Steven R. Shelton, Todd Byerly, Barbara Miller, Amy Schlapper. (Albert, Todd) |
| Filing 33 Pro Bono Appointment Response. Termination of the appointment is requested because of my case load.. Filed by Shua Tilahun. (Related document(s): Order Appointing Pro Bono Counsel, #30 .) (Cady, Diane) |
| Filing 32 Affidavit of Shua Tilahun in Support of Motion. Filed by Shua Tilahun. (Related document(s): Motion for Permanent Injunction #31 .) (dsg) |
| Filing 31 Motion for Immediate Injunctive Relief. Filed by Shua Tilahun. (Attachments: #1 Proposed Order) (dsg) |
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Filing 30
Order Appointing Diane C. Cady for Shua Tilahun as Pro Bono Counsel (All Purpose Appointment). Counsel is to file the attached response form if representation is accepted, if a conflict of interest exists, or if termination of the appointment is requested for a reason other than a conflict of interest by 4/18/2016. Signed on 3/30/16 by Magistrate Judge John V. Acosta. (Mailed copy to plaintiff) (dsg)
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Filing 29
Order Terminating Bradley C. Lechman-Su as Pro Bono Counsel. Signed on 3/30/16 by Magistrate Judge John V. Acosta. (Mailed copy to plaintiff) (dsg)
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| Filing 28 Affidavit of Shua Tilahun in Support of Motion. Filed by Shua Tilahun. (Related document(s): Motion for Summary Judgment #27 .) (Attachments: #1 Attachments) (dsg) |
| Filing 27 Motion for Summary Judgment. Filed by Shua Tilahun. (dsg) |
| Filing 26 Waiver of Service of Summons Returned Executed by All Defendants. Filed by Carrie Coffee, Ann Griffith, Jana Russell, Reed Paulson, Christina M. Jensen, Celia Throop, Michael F. Gower, Steven R. Shelton, Todd Byerly, Barbara Miller, Amy Schlapper. (Albert, Todd) |
| Filing 25 Pro Bono Appointment Response. Termination of the appointment is requested because of appointment on another federal pro bono case. Filed by Shua Tilahun. (Related document(s): Order Appointing Pro Bono Counsel, #23 .) (Lechman-Su, Bradley) |
| Filing 24 Clerk's Notice of Mailing to Shua Tilahun regarding Order on motion for preliminary injunction, 21 . (dsg) |
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Filing 23
Order Appointing Bradley C. Lechman-Su for Shua Tilahun as Pro Bono Counsel (All Purpose Appointment). Counsel is to file the attached response form if representation is accepted, if a conflict of interest exists, or if termination of the appointment is requested for a reason other than a conflict of interest by 4/4/2016. Signed on 3/16/16 by Magistrate Judge John V. Acosta. (Mailed copy to plaintiff) (dsg)
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Filing 22
Order Terminating Juan C. Chavez as Pro Bono Counsel. Signed on 3/16/16 by Magistrate Judge John V. Acosta. (Mailed copy to plaintiff) (dsg)
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Filing 21
ORDER: The Court DENIES Plaintiff's Motion for a Preliminary Injunction #19 as Plaintiff has not demonstrated a likelihood of success on the merits or the possibility of irreparable injury. The denial is without prejudice to the right to renew the motion, as the Court notes the matter has been referred to a member of the pro bono panel for review. Ordered by Judge Marco A. Hernandez. (ps1)
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| Filing 20 Pro Bono Appointment Response. Termination of the appointment is requested because I currently have a pro-bono case that is entering the dispositive motion and trial phase, and cannot devote enough time to adequately represent Mr. Tillahun.. Filed by All Plaintiffs. (Related document(s): Order Appointing Pro Bono Counsel, #15 .) (Chavez, Juan) |
| Filing 19 Motion for Preliminary Injunction. Titled, "Motion for Immediate Injunctive Relief." Filed by Shua Tilahun. (Attachments: #1 Proposed Order) (dsg) |
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Filing 18
ORDER: Granting Motion for Extension of Time #16 . Waiver of Service is due by 3/30/2016. Ordered by Magistrate Judge John V. Acosta. (ps1)
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| Filing 17 Declaration of Todd Albert . Filed by Michael F. Gower. (Related document(s): Motion for Extension of Time #16 .) (Albert, Todd) |
| Filing 16 Motion for Extension of Time . Filed by Michael F. Gower. (Albert, Todd) |
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Filing 15
Order Appointing Juan C. Chavez for Shua Tilahun as Pro Bono Counsel (All Purpose Appointment). Counsel is to file the attached response form if representation is accepted, if a conflict of interest exists, or if termination of the appointment is requested for a reason other than a conflict of interest by 3/17/2016. Signed on 2/29/16 by Magistrate Judge John V. Acosta. (Mailed copy to plaintiff) (dsg)
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Filing 14
Order Terminating William Greg Lockwood as Pro Bono Counsel. Signed on 2/29/16 by Magistrate Judge John V. Acosta. (Mailed copy to plaintiff) (dsg)
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| Filing 13 Pro Bono Appointment Response. Termination of the appointment is requested because I am currently involved in another pro bono case, which I may have to try and do not currently have the time to take on another complex pro bono case.. Filed by Shua Tilahun. (Related document(s): Order Appointing Pro Bono Counsel, #12 .) (Lockwood, William) |
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Filing 12
Order Appointing William Greg Lockwood for Shua Tilahun as Pro Bono Counsel (All Purpose Appointment). Counsel is to file the attached response form if representation is accepted, if a conflict of interest exists, or if termination of the appointment is requested for a reason other than a conflict of interest by 2/25/2016. Signed on 2/8/16 by Magistrate Judge John V. Acosta. (Mailed copy to plaintiff) (dsg)
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Filing 11
Order Terminating David J. Linthorst as Pro Bono Counsel. Signed on 2/8/16 by Magistrate Judge John V. Acosta. (Mailed copy to plaintiff) (dsg)
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| Filing 10 Pro Bono Appointment Response. Termination of the appointment is requested because I am not taking new cases right now. Filed by Shua Tilahun. (Related document(s): Order Appointing Pro Bono Counsel, #9 .) (Linthorst, David) |
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Filing 9
Order Appointing David J. Linthorst for Shua Tilahun as Pro Bono Counsel (All Purpose Appointment). Counsel is to file the attached response form if representation is accepted, if a conflict of interest exists, or if termination of the appointment is requested for a reason other than a conflict of interest by 2/19/2016. Signed on 2/1/16 by Magistrate Judge John V. Acosta. (Mailed copy to plaintiff) (dsg)
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Filing 8
Order Terminating Claire E. Poulin as Pro Bono Counsel. Signed on 2/1/16 by Magistrate Judge John V. Acosta. (Mailed copy to plaintiff) (dsg) Modified on 2/1/2016 (dsg).
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Filing 7
Order Appointing Claire E. Poulin for Shua Tilahun as Pro Bono Counsel (All Purpose Appointment). Counsel is to file the attached response form if representation is accepted, if a conflict of interest exists, or if termination of the appointment is requested for a reason other than a conflict of interest by 2/16/2016. Signed on 1/29/16 by Magistrate Judge John V. Acosta. (Mailed copy to plaintiff) (dsg)
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| Filing 6 Notice of Lawsuit and Request for Waiver of Service of Summons. Waiver of Service is due by 2/29/2016. (Mailed copy to plaintiff) (Emailed complaint and notice to Shannon Vincent) (dsg) |
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Filing 5
ORDER TO PROCEED IN FORMA PAUPERIS AND TO COLLECT INMATE FILING FEE: Plaintiff's application to proceed in forma pauperis #1 is GRANTED. IT IS ORDERED that the Oregon Department of Corrections, Central Trust Unit shall collect payments from Plaintiff's prison trust account and shall forward those payments to the Clerk of the Court. Signed on 1/25/16 by Magistrate Judge John V. Acosta. (Mailed copy to plaintiff and ODOC) (dsg)
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| Filing 4 Notice of Case Assignment: This case is assigned to Magistrate Judge John V. Acosta. (Mailed copy to plaintiff) (dsg) |
| Filing 3 Motion for Appointment of Counsel. Filed by Shua Tilahun. (Attachments: #1 Proposed Order) (dsg) |
| Filing 2 Complaint. Jury Trial Requested: Yes. In forma pauperis pending Filed by Shua Tilahun against Todd Byerly, Carrie Coffee, Michael F. Gower, Ann Griffith, Christina M. Jensen, Barbara Miller, Reed Paulson, Jana Russell, Amy Schlapper, Steven R. Shelton, Celia Throop (Attachments: #1 Exhibits 1-9). (dsg) |
| Filing 1 Application for Leave to Proceed IFP. Filed by Shua Tilahun. (Attachments: #1 Trust Fund Account Statement) (dsg) |
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