Shyrer et al v. Banks et al
| Michael Merritt Shyrer and Kaylee Love Shyrer |
| Oregon Department of Human Services Child Welfare, Ashlynn Banks and Lacey Alvernaz |
| 6:2022cv01485 |
| October 3, 2022 |
| US District Court for the District of Oregon |
| Mustafa T Kasubhai |
| Personal Injury: Other |
| 42 U.S.C. ยง 1986 Neglect of Duty |
| None |
Docket Report
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This docket was last retrieved on February 27, 2023. A more recent docket listing may be available from PACER.
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Filing 9
Individual Party Consent to Jurisdiction by U.S. Magistrate Judge.
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Filing 8
NOTICE BY THE CLERK: A dispositive motion has been filed in this case. Currently there is not full consent to proceed before a U.S. Magistrate Judge in this case. If the non-consenting party or parties would like to consent to proceed before a U.S. Magistrate Judge, the consent form may be found on the court's website at #ord.uscourts.gov/civil-forms and may be filed electronically by using the Consent event under Other Filings/Consent in the Civil menu or delivered to the Clerk's Office by mail or in person. The form is also attached to this docket entry. For more information regarding the role of magistrate judges and consenting to magistrate judge jurisdiction, see #ord.uscourts.gov/consent. The parties are free to withhold consent without adverse substantive consequences. Consent to Jurisdiction by a Magistrate Judge, if any, is to be filed on or before Defendants' reply deadline to their motion to dismiss. (Deposited in outgoing mail to pro se party on 11/15/2022.) (jk)
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Filing 7
Motion to Dismiss Advice Notice regarding Motion to Dismiss for Failure to State a Claim #6 signed on 11/15/2022 by Magistrate Judge Mustafa T. Kasubhai. Response is due by 12/15/2022. (Deposited in outgoing mail to pro se party on 11/15/2022.) (jk)
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Filing 6
Motion to Dismiss for Failure to State a Claim . Filed by Oregon Department of Human Services Child Welfare, Lacey Alvernaz, Ashlynn Banks. (Gray, Kyleigh)
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Filing 5
ORDER by Magistrate Judge Mustafa T. Kasubhai DENYING Motion for Appointment of Counsel #4 . Generally, there is no constitutional right to counsel in a civil case and a court may not "authorize the appointment of counsel to involuntary service." See United States v. 30.64 Acres of Land, 795 F.2d 796, 801 (9th Cir. 1986). A district court, however, may request an attorney to represent any person unable to afford counsel in limited circumstances. 28 U.S.C. 1915(e)(1). The decision to appoint counsel is "within the sound discretion of the trial court and is granted only in exceptional circumstances." Agyeman v. Corrections Corp. of Am., 390 F.3d 1101, 1103 (9th Cir. 2004) (quotation marks and citation omitted). A finding of exceptional circumstances depends on two factors: the plaintiff's likelihood of success on the merits, and the plaintiff's ability to articulate his or her claims in light of the complexity of the legal issues involved. Id. Neither factor is dispositive and both must be viewed together before ruling on a request for counsel. Palmer v. Valdez, 560 F.3d 965, 970 (9th Cir. 2009) (citation omitted). Here, neither prong of the exceptional circumstances test is met. (Deposited in outgoing mail to pro se party on 10/25/2022.) (jk)
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Filing 4
Motion for Appointment of Pro Bono Counsel. Filed by Michael Merritt Shyrer. (jw)
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Filing 3
Case Management Order signed on 10/5/2022 by Magistrate Judge Mustafa T. Kasubhai. (Deposited in outgoing mail to pro se party on 10/5/2022.) (jk)
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Filing 2
Notice of Case Assignment to Magistrate Judge Mustafa T. Kasubhai and Discovery and Pretrial Scheduling Order. NOTICE: Counsel shall print and serve the summonses and all documents issued by the Clerk at the time of filing upon all named parties in accordance with Local Rule 3-5. Discovery is to be completed by 2/1/2023. Joint Alternate Dispute Resolution Report is due by 3/3/2023. Pretrial Order is due by 3/3/2023. Ordered by Magistrate Judge Mustafa T. Kasubhai. (Deposited in outgoing mail to pro se party on 10/4/2022.) (jw)
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Filing 1
Complaint. Filing fee in the amount of $402 collected. Receipt No. ORX600014457. Jury Trial Requested: No. Filed by Michael Merritt Shyrer against Oregon Department of Human Services Child Welfare, Ashlynn Banks, Lacey Alvernaz. (Attachments: #1 Civil Cover Sheet). (jw)
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