Smith v. Sanne
| Benjimin Edward Smith |
| Jason Meyer, Marion County Sheriffs Office and Medical Staff at Jail, Sgt Cherno, Dep Hart, Dep Justin Sanne, Dep Dakota Lilly, Dep Lindsay Austin, Christopher Burbey, Tad Larsen, Cindy Gage, Jane Doe 1, Jane Doe 2, Jane Doe 3, John Doe 1, John Doe 2 and Jane Doe 4 |
| 6:2021cv00997 |
| July 6, 2021 |
| US District Court for the District of Oregon |
| Karin J Immergut |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
Docket Report
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This docket was last retrieved on November 16, 2022. A more recent docket listing may be available from PACER.
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Filing 7
First Amended Complaint. Filed by Benjimin Edward Smith against All Defendants. (dsg)
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Partial Filing Fee in amount of $139.45 collected; Receipt No. 94523 issued. (ljp)
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Partial Filing Fee in amount of $180.00 collected; Receipt No. 94507 issued. (ljp)
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Filing 6
ORDER OF DISMISSAL: The Court DISMISSES Smith's Complaint (ECF No. #2 ) as to defendants Hart, Austin, Meyer, Cherno, Lilly, Burbey, Larsen, and Gage for failure to state a claim. Smith may file an amended complaint, within thirty days of the date of this Order, curing the deficiencies noted above. Smith is advised that if he fails to file an amended complaint, this action will proceed against Sanne on the conditions of confinement claim only. This Court DENIES Smith's Motion for Appointment of Counsel (ECF No. #3 ) because he has demonstrated a sufficient ability to articulate his claims in light of the complexity of the case and, at this stage of the proceeding, has failed to demonstrate a likelihood of success on the merits. See Palmer v. Valdez, 560 F.3d 965, 970 (9th Cir. 2009). Smith may renew his request for counsel at a later stage of the proceeding. Signed on 7/26/2021 by Judge Karin J. Immergut. (Deposited in outgoing mail to pro se party on 7/27/2021.) (joha)
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Filing 5
ORDER TO PROCEED IN FORMA PAUPERIS: The Court GRANTS Smith's Application to Proceed In Forma Pauperis (ECF No. #1 ). The Oregon Department of Corrections (ODOC) shall collect from Smith's trust account an initial partial filing fee in the amount of $180.00 and forward the funds to the Clerk of Court. ODOC shall collect the balance of the filing fee and forward the funds to the Clerk of Court, in accordance with the formula set forth above, until a total of $350.00 has been collected and forwarded to the Court. The payments shall be clearly identified by the name and number assigned to this action. The Clerk of Court is directed to send a copy of this Order to the Oregon Department of Corrections, Central Trust Unit, P.O. Box 14400, Salem, OR 97309. Signed on 7/26/2021 by Judge Karin J. Immergut. (Deposited in outgoing mail to pro se party on 7/27/2021. Emailed to ODOC on 7/27/2021) (joha)
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Filing 4
Notice of Case Assignment: This case is assigned to Judge Karin J. Immergut. (Deposited in outgoing mail to pro se party on 7/7/2021.) (dsg)
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Filing 3
Motion for Appointment of Counsel. Filed by Benjimin Edward Smith. (dsg)
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Filing 2
Complaint. Jury Trial Requested: Yes. In forma pauperis pending. Filed by Benjimin Edward Smith against Lindsay Austin, Christopher Burbey, Cherno, Jane Doe 1, John Doe 1, Jane Doe 2, John Doe 2, Jane Doe 3, Jane Doe 4, Cindy Gage, Hart, Tad Larsen, Dakota Lilly, Marion County Sheriffs Office and Medical Staff at Jail, Jason Meyer, Justin Sanne (Attachments: #1 Civil Cover Sheet). (dsg)
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Filing 1
Application for Leave to Proceed IFP. Filed by Benjimin Edward Smith. (dsg)
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