Carter v. Highberger et al
Plaintiff: Jonathan Carter
Defendant: J. Highberger, K. Gates and Sgt. Alves
Case Number: 6:2023cv01664
Filed: November 13, 2023
Court: U.S. District Court for the District of Oregon
Presiding Judge: Mark D Clarke
Nature of Suit: Prisoner: Civil Rights
Cause of Action: 42 U.S.C. § 1983 Prisoner Civil Rights
Jury Demanded By: None
Docket Report

This docket was last retrieved on March 12, 2025. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 11, 2024 Filing 31 Declaration of Jonathon Carter. Filed by Jonathan Carter. (dsg)
January 9, 2024 Filing 30 Waiver of Service of Summons Returned Executed Filed by Alves, K. Gates, J. Highberger. (Burris, Kelly)
January 8, 2024 Filing 29 Motion for Joinder. Filed by Jonathan Carter. (dino)
January 4, 2024 Opinion or Order Filing 28 ORDER: ORDER: The Court GRANTS Plaintiffs Motion for Leave to File an Amended Complaint #16 . Plaintiff must file an amended complaint that includes the proposed changes outlined in his motion by 2/5/2024. The Court STRIKES Plaintiffs Motions for Summary Judgment #17 #19 #21 because they are premature at this early juncture. Plaintiff is advised that the Court will set deadlines for discovery, dispositive motions, and other pretrial matters after Defendants answer the amended complaint. Ordered by Magistrate Judge Mark D. Clarke. (Deposited in outgoing mail to pro se party on 01/04/2024.) (rsm)
January 4, 2024 Opinion or Order Filing 27 ORDER: ORDER: On 1/3/2024, Defendants notified the Court via email that representation by the Oregon DOJ has been authorized for all named defendants and that an appearance in this case is imminent. The Court thus GRANTS IN PART Defendants Motion for Extension of time to File Waiver of Service #14 and ORDERS Defendants to file the waiver by close of business on 1/5/2024. Defendants then must respond to Plaintiffs Motion for Temporary Restraining Order/Preliminary Injunction #5 by 1/19/2024. The Court reiterates its intention to expedite this case and warns Defendants that no further extensions of time shall be granted absent extraordinary circumstances. Ordered by Magistrate Judge Mark D. Clarke. (Deposited in outgoing mail to pro se party on 01/04/2024.) (rsm)
January 3, 2024 Opinion or Order Filing 26 Scheduling Order. The telephonic hearing set for 01/04/2024 at 10:00 AM has been canceled. A further order setting schedules will follow. Ordered by Magistrate Judge Mark D. Clarke. (rsm)
January 3, 2024 Filing 25 Response to Motion for Extension of Time to File Waiver of Service #14 . Filed by Jonathan Carter. (eo)
December 28, 2023 Opinion or Order Filing 24 Scheduling Order. A telephonic Status Conference is set for 1/4/2024 at 10:00AM before Magistrate Judge Mark D. Clarke. The Court will call the parties and conference them in together. Ordered by Magistrate Judge Mark D. Clarke.(Deposited in outgoing mail to pro se party on 12/28/2023.) (rsm)
December 27, 2023 Opinion or Order Filing 23 ORDER: Denying Petitioner's Motion for Discovery #12 because it is premature and improperly directed to the Court. Ordered by Magistrate Judge Mark D. Clarke. (Deposited in outgoing mail to pro se party on 12/27/2023.) (ki)
December 22, 2023 Filing 22 Declaration of Jonathon Carter. Filed by Jonathan Carter. (Related document(s): Motion for Partial Summary Judgment #21 .) (dsg)
December 22, 2023 Filing 21 Motion for Partial Summary Judgment. Filed by Jonathan Carter. (dsg)
December 22, 2023 Filing 20 Declaration of Jonathon Carter. Filed by Jonathan Carter. (Related document(s): Motion for Summary Judgment #19 .) (dsg)
December 22, 2023 Filing 19 Second Motion for Summary Judgment. Filed by Jonathan Carter. (dsg)
December 22, 2023 Filing 18 Declaration of Jonathon Carter. Filed by Jonathan Carter. (Related document(s): Motion for Summary Judgment #17 .) (dsg)
December 22, 2023 Filing 17 First Motion for Summary Judgment. Filed by Jonathan Carter. (dsg)
December 22, 2023 Filing 16 Motion for Leave to File Amended Complaint. Filed by Jonathan Carter. (dsg)
December 18, 2023 Filing 15 Declaration of Nathan Riemersma in Support of Motion to Extend Time to File Waiver. Filed by All Defendants. (Related document(s): Motion for Extension of Time #14 .) (Riemersma, Nathan)
December 18, 2023 Filing 14 Motion for Extension of Time to File Waiver of Service. Filed by All Defendants. (Riemersma, Nathan)
December 11, 2023 Opinion or Order Filing 13 ORDER: Upon waiver of service, Defendants must file a response to Plaintiff's Motion for Temporary Restraining Order and Preliminary Injunction #5 . Defendants' Response is due by 12/22/2023 absent any unforeseen circumstances. Ordered by Magistrate Judge Mark D. Clarke.(Deposited in outgoing mail to pro se party on 12/11/2023.) (ki)
December 8, 2023 Filing 12 Motion to Compel Discovery. Filed by Jonathan Carter. (dino)
December 7, 2023 Opinion or Order Filing 11 Order regarding Notice of Lawsuit, #9 . The Clerk set an incorrect response deadline for the return of the signed waiver for the AG's Office. The correct deadline for the signed waiver to be returned is 12/18/2023. Ordered by Magistrate Judge Mark D. Clarke.(Deposited in outgoing mail to pro se party on 12/7/2023 & Emailed to Nathan K. Riemersma) (jkm)
December 7, 2023 Opinion or Order Filing 10 Order for Administrative Correction of the Record pursuant to Fed. R. Civ. P. 60(a) regarding #9 Notice of Lawsuit,. A Clerical error has been discovered in the case record: An incorrect deadline was found. The following corrections were made to the record: The deadline has been corrected and the docket text updated. The Notice of Electronic Filing (NEF) will be regenerated to all parties. Waiver of Service is due by 12/18/2023. (Deposited in outgoing mail to pro se party on 12/7/2023.) (jkm)
December 4, 2023 Filing 9 Notice of Lawsuit and Request for Waiver of Service of Summons. Waiver of Service is due by 12/18/2023. Signed on 12/4/2023 by Magistrate Judge Mark D. Clarke. (Deposited in outgoing mail to pro se party on 12/4/2023. Copy of Comp and NTC/WVR emailed to Nathan Riemersma) (jkm) Modified on 12/7/2023 (jkm). To correct deadline. NEF Regenerated & emailed to Nathan Riemersma.
December 4, 2023 Opinion or Order Filing 8 ORDER: Granting Motion for Leave to Proceed in Forma Pauperis #2 and to Collect Inmate Filing Fee. IT IS ORDERED that the Oregon Department of Corrections, Central Trust Unit, shall collect payments from the trust account of Plaintiff and shall forward those payments to the Clerk of the Court. A copy of this order has been emailed to the Central Trust Unit. Signed on 12/4/2023 by Magistrate Judge Mark D. Clarke. (Deposited in outgoing mail to pro se party on 12/4/2023.) (jkm)
November 27, 2023 Filing 7 Affidavit of Jonathan Carter. Filed by Jonathan Carter. (eo)
November 27, 2023 Filing 6 Supplement - Amendment to Complaint. Filed by Jonathan Carter. (Related document(s): Complaint #1 .) (eo)
November 27, 2023 Filing 5 Motion for Temporary Restraining Order and Preliminary Injunction. Filed by Jonathan Carter. (eo)
November 13, 2023 Filing 4 Notice of Case Assignment: This case is assigned to Magistrate Judge Mark D. Clarke. (Deposited in outgoing mail to pro se party on 11/13/23.) (eo)
November 13, 2023 Filing 3 Motion for Appointment of Counsel. Filed by Jonathan Carter. (eo)
November 13, 2023 Filing 2 Application for Leave to Proceed IFP. Filed by Jonathan Carter. (eo)
November 13, 2023 Filing 1 Complaint. (IFP Submitted) Jury Trial Requested: No. Filed by Jonathan Carter against All Defendants (Attachments: #1 Civil Cover Sheet). (eo)

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Plaintiff: Jonathan Carter
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Defendant: J. Highberger
Represented By: Kelly Burris
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Defendant: K. Gates
Represented By: Kelly Burris
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Defendant: Sgt. Alves
Represented By: Kelly Burris
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