Cooke v. Yates
| David L. Cooke |
| Sheriff Deputy Yates |
| 6:2022cv01302 |
| August 30, 2022 |
| US District Court for the District of Oregon |
| Eugene (6) Office |
| Mustafa T Kasubhai |
| Prisoner Petitions: Mandamus and Other |
| 42 U.S.C. § 1981 Civil Rights |
| Plaintiff |
Docket Report
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This docket was last retrieved on May 17, 2023. A more recent docket listing may be available from PACER.
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Filing 49
Order for Administrative Correction of the Record pursuant to Fed. R. Civ. P. 60(a)regarding Amended Complaint #48 . A Clerical error has been discovered in the case record: Incorrect filer selected during docketing. The following corrections were made to the record: docket text was modified to reflect the proper filer and filed against parties. The Notice of Electronic Filing (NEF) was regenerated to all parties. (bd)
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| Filing 50 Supplemental documents and updated docket sheet received from the District of Massachusetts containing documents numbered 43 - 44. Transferor Court Case Number: 1:22-cv-10472-ADB. (bd) |
| Filing 48 Amended Complaint (titled "2nd Amended Redrawn Revised Civil Complaint"). Filed by David L. Cooke against Sheriff Deputy Yates. (bd) |
| Filing 47 Amended Complaint (titled "Amended Redrawn Revised Civil Complaint"). Filed by David L. Cooke against Sheriff Deputy Yates. (bd) |
| Filing 46 Amended Complaint (titled "Redrawn Amended Revised Civil Complaint"). Filed by David L. Cooke against Sheriff Deputy Yates. (bd) |
| Filing 45 Supplemental document and updated docket sheet received from the District of Massachusetts containing document number 42. Transferor Court Case Number: 1:22-cv-10472-ADB. (bd) |
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Filing 44
Case Management Order signed on 9/19/2022 by Magistrate Judge Mustafa T. Kasubhai. (Notice of Electronic Filing e-mailed to pro se party on 9/19/2022.) (jk)
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Filing 43
ORDER by Magistrate Judge Mustafa T. Kasubhai: The Court construes Plaintiff's Motion to Receive Filings by Mail and Receive Electronic Filings at Updated Email Address #33 as an application for CM/ECF registration as a self-represented party. Plaintiff's motion is GRANTED in part and DENIED in part insofar as Plaintiff shall receive all documents in electronic format only via PACER. Plaintiff's Motion to Update Email Address #24 is denied as MOOT. Plaintiff is advised that, pursuant to Local Rule 5-1(b), all documents must be filed with the Clerk's Office in paper form. Documents must be mailed or hand-delivered to U.S. District Court, District of Oregon, 2100 Wayne L. Morse U.S. Courthouse, 405 East Eighth Avenue, Eugene, OR 97401. (Notice of Electronic Filing e-mailed to pro se party on 9/19/2022.) (jk)
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| Filing 42 Updated docket sheet received from the District of Massachusetts containing document numbered 41. Transferor Court Case Number: 1:22-cv-10472-ADB. (bd) |
| Filing 41 Supplemental documents and updated docket sheet received from the District of Massachusetts containing documents numbered 38 and 39. Transferor Court Case Number: 1:22-cv-10472-ADB. (eo) |
| Filing 40 Notice of Case Assignment: This case is assigned to Magistrate Judge Mustafa T. Kasubhai. (Deposited in outgoing mail to pro se party on 8/30/22.) (eo) |
| Filing 39 Case transferred in from District of Massachusetts; Case Number 1:22-cv-10472. Electronic file received. |
| Filing 38 Case transferred to to District of Oregon;. Original file certified copy of transfer order and docket sheet sent electronically to Clerk in that district. (McManus, Caetlin) [Transferred from Massachusetts on 8/30/2022.] |
| Filing 37 Judge Allison D. Burroughs: ORDER entered. ...Accordingly, the Court adopts the reasoning in Magistrate Judge Cabells July 19, 2022 Order, [ECF No. #22 ], in its entirety, and orders that:1. This action is TRANSFERRED to the United States District Court for the District of Oregon.2. The motion to verify attachments, [ECF No. #11 ], is DENIED as moot.3. The motion for an extension of time for service of process, [ECF No. #21 ], until October 18, 2022 is GRANTED.4. All other pending motions, [ECF Nos. #2 , #12 , #18 , #24 , #33 ], are to be transferred with the case.SO ORDERED.(McManus, Caetlin) [Transferred from Massachusetts on 8/30/2022.] |
| Filing 36 Mail Returned as Undeliverable. Mail sent to David L. Cooke. (McManus, Caetlin) [Transferred from Massachusetts on 8/30/2022.] |
| Filing 35 Memorandum, objections, Interrogatories, and Motions (RESPONSE TO COURT ORDER) by David L. Cooke re #28 Order. (McManus, Caetlin) [Transferred from Massachusetts on 8/30/2022.] |
| Filing 34 Mail Returned as Undeliverable. Mail sent to David L. Cooke (McManus, Caetlin) [Transferred from Massachusetts on 8/30/2022.] |
| Filing 33 MOTION to Receive Filings by Mail and Receive Electronic Filings at Updated Email Address by David L. Cooke. (McManus, Caetlin) [Transferred from Massachusetts on 8/30/2022.] |
| Filing 32 Mail Returned as Undeliverable. Mail sent to David L. Cooke. (McManus, Caetlin) [Transferred from Massachusetts on 8/30/2022.] |
| Filing 31 Judge Allison D. Burroughs: ELECTRONIC ORDER entered. On August 5, 2022, Magistrate Judge Cabell ordered the instant case to be redrawn and recommended that the district court transfer this matter to the District of Oregon, [ECF No. #28 ], consistent with his July 19, 2022 transfer order, [ECF No. #22 ]. This Court will treat this as a report and recommendation. Plaintiff is therefore hereby advised that under the provisions of Federal Rule of Civil Procedure 72(b), if he wants to object to the recommendation, he must file specific written objections thereto with the Clerk of this Court within 14 days of his receipt of the August 5th order, [ECF No. #28 ]. The written objections must specifically identify the portion of the proposed findings, recommendations, or report to which objection is made and the basis for such objections. He is further advised that the United States Court of Appeals for this Circuit has repeatedly indicated that failure to comply with Rule 72(b) will preclude further appellate review of the District Court's order based on this report and recommendation. See United States v. Emiliano Valencia-Copete, 792 F.2d 4 at *6 (1st Cir. 1986).If the Court does not receive any further objections from Plaintiff, it will treat the papers already submitted by Plaintiff, ECF Nos. #26 and #27 , as objections to the recommendation and rule on them.(McManus, Caetlin) [Transferred from Massachusetts on 8/30/2022.] |
| Filing 30 Copy re 29 Notice of Case Assignment, #28 Order mailed to David L. Cooke on 8/5/22. (Russo, Noreen) [Transferred from Massachusetts on 8/30/2022.] |
| Filing 29 ELECTRONIC NOTICE of Case Reassignment. Judge Allison D. Burroughs assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge Donald L. Cabell. (Danieli, Chris) [Transferred from Massachusetts on 8/30/2022.] |
| Filing 28 Magistrate Judge Donald L. Cabell: ORDER entered. ORDER TO HAVE CASE REDRAWN TO DISTRICT JUDGE. (Russo, Noreen) [Transferred from Massachusetts on 8/30/2022.] |
| Filing 27 Memorandum of Objection to #22 Order on Motion for Miscellaneous Relief. (Russo, Noreen). [Transferred from Massachusetts on 8/30/2022.] |
| Filing 26 Memorandum of Objection to #22 Order by David L. Cooke. (Russo, Noreen) [Transferred from Massachusetts on 8/30/2022.] |
| Filing 25 EXHIBIT by David Cooke. (Russo, Noreen) [Transferred from Massachusetts on 8/30/2022.] |
| Filing 24 MOTION to Update Email Address by David L. Cooke.(Russo, Noreen) [Transferred from Massachusetts on 8/30/2022.] |
| Filing 23 Copy re #22 Order mailed to David L. Cooke on 7/22/22. (Russo, Noreen) [Transferred from Massachusetts on 8/30/2022.] |
| Filing 22 Magistrate Judge Donald L. Cabell: ORDER ON MISCELLANEOUS MOTIONS AND ORDER TO TRANSFER CASE TO THE DISTRICT OF OREGON FOR IMPROPER VENUE: finding as moot #11 Motion to Verify Attachments; granting in part and deferring in part #18 Motion to Strike and for Leave to Proceed in Forma Pauperis to the extent of striking #13 Motion for Leave to Proceed in Forma Pauperis, #14 Motion to Clarify Party and Case Titles, #16 Motion for Immediate Retraining Order, and #17 Motion to Proceed for Cause; granting #21 Motion for Extension of Tome for Service of Process. (Lovett, Jarrett) [Transferred from Massachusetts on 8/30/2022.] |
| Filing 21 MOTION for Extension of Time for Service of Process by David L. Cooke.(Russo, Noreen) [Transferred from Massachusetts on 8/30/2022.] |
| Filing 20 EXHIBIT filed by David L. Cooke. (Russo, Noreen) [Transferred from Massachusetts on 8/30/2022.] |
| Filing 19 EXHIBIT by David L. Cooke. (Russo, Noreen) [Transferred from Massachusetts on 8/30/2022.] |
| Filing 18 MOTION to Strike and for Leave to Proceed in forma pauperis by David L. Cooke.(Russo, Noreen) [Transferred from Massachusetts on 8/30/2022.] |
| Filing 17 MOTION TO PROCEED FOR CAUSE by David L. Cooke. (Russo, Noreen) (Russo, Noreen). [Transferred from Massachusetts on 8/30/2022.] |
| Filing 16 MOTION for Immediate Restraining Order by David L. Cooke.(Russo, Noreen) [Transferred from Massachusetts on 8/30/2022.] |
| Filing 15 Power of Attorney Affirmation by David L. Cooke (Russo, Noreen) [Transferred from Massachusetts on 8/30/2022.] |
| Filing 14 MOTION to Clarify Party and Case titles by David L. Cooke.(Russo, Noreen) [Transferred from Massachusetts on 8/30/2022.] |
| Filing 13 MOTION for Leave to Proceed in forma pauperis by David L. Cooke.(Russo, Noreen) [Transferred from Massachusetts on 8/30/2022.] |
| Filing 12 MOTION to Make Docket Corrections and Proceed for Cause by David L. Cooke.(Russo, Noreen) [Transferred from Massachusetts on 8/30/2022.] |
| Filing 11 MOTION Verify Attachments by David L. Cooke.(Russo, Noreen) [Transferred from Massachusetts on 8/30/2022.] |
| Filing 10 AMENDED REVISED COMPLAINT against Sheriff Deputy Yates, filed by David L. Cooke. (Attachments: #1 Exhibit Change of Defendant's address)(Russo, Noreen) [Transferred from Massachusetts on 8/30/2022.] |
| Filing 9 Magistrate Judge Donald L. Cabell: ELECTRONIC ORDER entered terminating #8 MOTION Update Address taking as a notice of address change. (Russo, Noreen) [Transferred from Massachusetts on 8/30/2022.] |
| Filing 8 MOTION Update Address by David L. Cooke.(Russo, Noreen) [Transferred from Massachusetts on 8/30/2022.] |
| Filing 7 NOTICE OF CHANGE OF ADDRESS by David L. Cooke (Russo, Noreen) [Transferred from Massachusetts on 8/30/2022.] |
| Filing 6 AMENDED COMPLAINT filed by David L. Cooke. (Attachments: #1 Exhibit, #2 Exhibit, #3 Civil Cover Sheet)(Russo, Noreen) [Transferred from Massachusetts on 8/30/2022.] |
| Filing 5 Summons Issued as to Sheriff Deputy Yates. Counsel receiving this notice electronically should download this summons, complete one for each defendant and serve it in accordance with Fed.R.Civ.P. 4 and LR 4.1. Summons will be mailed to plaintiff(s) not receiving notice electronically for completion of service. (Kelly, Danielle) [Transferred from Massachusetts on 8/30/2022.] |
| Filing 4 NOTICE of Case Assignment. Magistrate Judge Donald L. Cabell assigned to case. Plaintiff's counsel, or defendant's counsel if this case was initiated by the filing of a Notice of Removal, are directed to the Notice and Procedures regarding Consent to Proceed before the Magistrate Judge which can be downloaded #here. These documents will be mailed to counsel not receiving notice electronically. Pursuant to General Order 09-3, until the Court receives for filing either a consent to the Magistrate Judge's jurisdiction or the reassignment of the case to a District Judge, the initial assignment of a civil case to the Magistrate Judge is a referral to the Magistrate Judge under 28 USC 636(b) for all pretrial non-dispositive matters and Report and Recommendations, but not for the Rule 16(b) scheduling conference. (Danieli, Chris) [Transferred from Massachusetts on 8/30/2022.] |
| Filing 3 Filing fee/payment: $ 402.00, receipt number 1BST088917 for #1 Complaint (Barbosa, Nilsa) [Transferred from Massachusetts on 8/30/2022.] |
| Filing 2 MOTION the Court to Facilitate & Expedite Service of Process to Defendant Yates by David L. Cooke. (Kelly, Danielle) [Transferred from Massachusetts on 8/30/2022.] |
| Filing 1 COMPLAINT against Sheriff Deputy Yates, filed by David L. Cooke. (Attachments: #1 Exhibit Revised Civil Complaint, #2 Exhibit Civil Complaint 6:17-cv-943-AA, #3 Civil Cover Sheet and Category Form)(Kelly, Danielle) [Transferred from Massachusetts on 8/30/2022.] |
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