Sievers v. State of Oregon et al
| Kari Sievers |
| State of Oregon, Oregon Health Plan, Oregon Health Authority, Oregon Health Authority Ombudsman, Lane County Department Develpmental Disabilities Services, Regan Watjus, Duke, James Ewell, Devon, Keith Heath and Roxann O'Brien |
| 6:2023cv01098 |
| July 27, 2023 |
| US District Court for the District of Oregon |
| Eugene (6) Office |
| Mustafa T Kasubhai |
| Civil Rights: Americans with Disabilities Act - Other |
| 42 U.S.C. § 12101 Americans with Disabilities Act |
| None |
Docket Report
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This docket was last retrieved on September 12, 2023. A more recent docket listing may be available from PACER.
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Filing 20
Notice (Titled: "Amended Defendants List.") Filed by Kari Sievers. (jw)
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Filing 19
Notice (Titled: "Amended List of Disabilities & Medical Conditions.") Filed by Kari Sievers. (jw)
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Filing 18
Motion for Stay (Titled: "Motion to Stay Pending Decision in Appeal of Plaintiff's Motion to File Pseudonymously.") Filed by Kari Sievers. (jw)
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Filing 17
ORDER: The Court is in receipt of Plaintiff's Motion for Extension of Time #16 . The motion is GRANTED and Plaintiff shall have thirty (30) days from the date of this Order in which to file her notice of appeal. Plaintiff is advised that, pursuant to Federal Rule of Appellate Procedure 4(a)(5)(C), the Court will be unable to grant any further extension of the time for filing a notice of appeal of the denial of Plaintiff's motion for TRO. Ordered by Judge Ann L. Aiken. (Deposited in outgoing mail to pro se party on 8/30/2023.) (ck)
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Filing 16
Motion for Extension of Time (Titled: "Request for Extension to Deadline for Filing ADA Appeals.") Filed by Kari Sievers. (jw)
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Filing 15
ORDER by Magistrate Judge Mustafa T. Kasubhai: Plaintiff's Motion for Appointment of Pro Bono Counsel #14 is DENIED. 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). The Court finds exceptional circumstances do not exist sufficient to justify appointment of counsel at this time. See Agyeman, 390 F.3d at 1103. Given the early stage of this lawsuit, the Court is unable to ascertain Plaintiff's likelihood of success on the merits. Plaintiff may refile a motion for appointment of pro bono counsel should the current circumstances change. (Deposited in outgoing mail to pro se party on 8/21/2023.) (jk)
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Filing 14
Motion for Appointment of Pro Bono Counsel. Filed by Kari Sievers. (bd)
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Filing 13
Notice of Change of Address. Filed by Kari Sievers. (bd)
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Filing 12
ORDER by Magistrate Judge Mustafa T. Kasubhai: The Court is in receipt of Plaintiff's "Request for Disability Accommodation in Federal Buildings inclu[ding] District Courts" (ECF No. #4 ), which requests the right to use an audiovisual recording device within federal buildings to provide support for memory issues and cognitive dysfunctions. This Court lacks authority to grant Plaintiff's request with respect to all federal buildings and District courthouses. For this reason, Plaintiff's request is DENIED IN PART. However, Plaintiff's request is GRANTED IN PART for the limited purpose of recording Court proceedings on the record in the above-captioned case. This Order does not grant Plaintiff permission to use recording devices within the Eugene District Court or any other federal property at any other time or for any other purpose or case proceeding. (Deposited in outgoing mail to pro se party on 8/7/2023.) (jk)
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Filing 11
ORDER by Magistrate Judge Mustafa T. Kasubhai: Plaintiff's Motion (Titled: "Motion to File Pseudonymously.") #5 is DENIED. To the extent that this case will involve filings containing Plaintiff's medical information and other personal information, the parties are encouraged to confer on an appropriate protective order. (Deposited in outgoing mail to pro se party on 8/3/2023.) (jk)
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Filing 10
ORDER signed on 8/3/2023 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 8/3/2023.) (jk)
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Filing 9
OPINION AND ORDER: Plaintiff's Motion for Preliminary Injunction #3 is DENIED. Signed on 7/31/2023 by Judge Ann L. Aiken. (Deposited in outgoing mail to pro se party on 7/31/2023.) (ck)
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Filing 8
ORDER by Magistrate Judge Mustafa T. Kasubhai: Motion for Emergency Injunction and Request for Disability Accommodations #3 is referred to Judge Ann L. Aiken. (Deposited in outgoing mail to pro se party on 7/31/2023.) (jk)
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Filing 7
Case Management Order signed on 7/28/2023 by Magistrate Judge Mustafa T. Kasubhai. (Deposited in outgoing mail to pro se party on 7/31/2023.) (jk)
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Filing 6
Notice of Case Assignment: This case is assigned to Magistrate Judge Mustafa T. Kasubhai. (Deposited in outgoing mail to pro se party on 7/27/2023.) (jw)
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Filing 5
Motion (Titled: "Motion to File Pseudonymously.") Filed by Jane Doe. (jw)
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Filing 4
Motion (Titled: "Request for Disability Accommodation in Federal Buildings inclu District Courts.") Filed by Jane Doe. (jw)
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Filing 3
Motion for Emergency Injunction and Request for Disability Accommodations. Filed by Jane Doe. (jw)
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Filing 2
Application for Leave to Proceed IFP. Filed by Jane Doe. (jw)
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Filing 1
Complaint. Jury Trial Requested: No. Filed by Jane Doe against All Defendants. (Attachments: #1 Exhibit 1, #2 Exhibit 2). (jw)
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