Thompson v. Inman
| Randy Thompson |
| Walker P. Inman, III |
| 6:2022cv01665 |
| October 27, 2022 |
| US District Court for the District of Oregon |
| Mustafa T Kasubhai |
| Other Personal Property Damage |
| 28 U.S.C. ยง 1332 Diversity-Conversion |
| Plaintiff |
Docket Report
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| Filing 18 Return of Service Executed as to Walker P. Inman, III served on 11/30/2022, answer due on 12/21/2022. (jw) |
| Filing 17 Summons Issued as to Walker P. Inman, III. (Deposited in outgoing mail to pro se party on 11/29/2022 along with a blank U.S. Marshals Service Form USM285.) (jw) |
| Filing 16 Notice (Titled: "Notice to the Court Walker P. Inman III Counsel of Record to be Served Summons and Complaint.") Filed by Randy Thompson. (jw) |
| Filing 15 Clerk's Notice of Mailing to Randy Thompson regarding Summons Issued #14 . (jk) |
| Filing 14 Summons Issued as to Walker P. Inman, III. (jk) |
Filing 13
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 3/17/2023. Joint Alternate Dispute Resolution Report is due by 4/17/2023. Pretrial Order is due by 4/17/2023. Ordered by Magistrate Judge Mustafa T. Kasubhai. (Deposited in outgoing mail to pro se party on 11/17/2022.) (jk)
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Filing 12
ORDER by Magistrate Judge Mustafa T. Kasubhai: The Court construes Plaintiff's motion for disqualification #6 as a motion for recusal. A judge must disqualify themselves from hearing a case if the assigned judge's impartiality might reasonably be questioned on the basis of any extrajudicial source of bias. See 28 U.S.C. 455(a); see also, e.g., Hasbrouck v. Texaco, Inc., 842 F.2d 1034, 1045 (9th Cir. 1988). The assigned judge must also recuse himself or herself under any of the following circumstances: (1) Where he has a personal bias or prejudice concerning a party, or personal knowledge of disputed evidentiary facts concerning the proceeding; (2) Where in private practice he served as lawyer in the matter in controversy, or a lawyer with whom he previously practiced law served during such association as a lawyer concerning the matter, or the judge or such lawyer has been a material witness concerning it; (3) Where he has served in governmental employment and in such capacity participated as counsel, adviser or material witness concerning the proceeding or expressed an opinion concerning the merits of the particular case in controversy; (4) He knows that he, individually or as a fiduciary, or his spouse or minor child residing in his household, has a financial interest in the subject matter in controversy or in a party to the proceeding, or any other interest that could be substantially affected by the outcome of the proceeding; (5) He or his spouse, or a person within the third degree of relationship to either of them, or the spouse of such a person: (i) Is a party to the proceeding, or an officer, director, or trustee of a party; (ii) Is acting as a lawyer in the proceeding; (iii) Is known by the judge to have an interest that could be substantially affected by the outcome of the proceeding; (iv) Is to the judge's knowledge likely to be a material witness in the proceeding. 28 U.S.C. 455(b). The recusal decision is made by the judge whose impartiality is at issue. See Bernard v. Coyne, 31 F.3d 842, 843 (9th Cir.1994). Because none of the foregoing circumstances are present here, Plaintiff's motion for recusal #6 is DENIED. Plaintiff's motion for an expedited ruling #10 is denied as MOOT. (Deposited in outgoing mail to pro se party on 11/17/2022.) (jk)
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Filing 11
ORDER signed on 11/17/2022 by Magistrate Judge Mustafa T. Kasubhai GRANTING Motion for Leave to Proceed in Forma Pauperis #2 . (Deposited in outgoing mail to pro se party on 11/17/2022.) (jk)
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| Filing 10 Motion for Expedited Ruling on In Forma Pauperis #2 . Expedited Hearing requested. Filed by Randy Thompson. (jw) |
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Filing 9
ORDER by Magistrate Judge Mustafa T. Kasubhai WITHDRAWING the Court's previous Order (ECF No. 8 ) referring Plaintiff's Motion (Titled: "Motion for Disqualification of Magistrate Judge with Affidavit of Randy Thompson") (ECF No. #6 ) to Judge McShane. (Deposited in outgoing mail to pro se party on 11/14/2022.) (jk)
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Filing 8
ORDER by Magistrate Judge Mustafa T. Kasubhai: Motion (Titled: "Motion for Disqualification of Magistrate Judge with Affidavit of Randy Thompson.") #6 is referred to Judge McShane. (Deposited in outgoing mail to pro se party on 11/14/2022.) (jk)
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| Filing 7 Affidavit of Randy Thompson in Support of Motion. Filed by Randy Thompson. (Related document(s): Motion for Disqualification of Magistrate Judge #6 .) (jw) |
| Filing 6 Motion (Titled: "Motion for Disqualification of Magistrate Judge with Affidavit of Randy Thompson.") Filed by Randy Thompson. (jw) |
| Filing 5 Individual Party Consent to Jurisdiction by U.S. Magistrate Judge. (jw) |
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Filing 4
Case Management Order signed on 11/1/2022 by Magistrate Judge Mustafa T. Kasubhai. (Deposited in outgoing mail to pro se party on 11/1/2022.) (jk)
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| Filing 3 Notice of Case Assignment: This case is assigned to Magistrate Judge Mustafa T. Kasubhai. (Deposited in outgoing mail to pro se party on 10/31/2022.) (bd) |
| Filing 2 Application for Leave to Proceed IFP. Filed by Randy Thompson. (bd) |
| Filing 1 Complaint. Jury Trial Requested: Yes. Filed by Randy Thompson against Walker P. Inman, III. (Attachments: #1 Attachment, #2 Exhibit, #3 Civil Cover Sheet, #4 Proposed Summons.) (bd) |
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| Plaintiff: Randy Thompson | |
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| Defendant: Walker P. Inman, III | |
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