Simms v. Hathaway et al
| Daniel Jerimiah Simms |
| Michael Hathaway, Christopher Fitzpatrick, Donna Byrnes and Frank Rivera |
| 2:2025cv00102 |
| April 1, 2025 |
| U.S. District Court for the Eastern District of Washington |
| Spokane Office |
| Thomas O Rice |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 pr Prisoner Civil Rights |
| Both |
Docket Report
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This docket was last retrieved on October 20, 2025. A more recent docket listing may be available from PACER.
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Filing 45
NOTICE OF WITHDRAWAL OF COUNSEL by Cassie B vanRoojen on behalf of Defendants Donna Byrnes, Christopher Fitzpatrick, Michael Hathaway, Frank Rivera (vanRoojen, Cassie)
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Filing 44
ORDER granting #43 Motion for Stipulated Protective Order. Signed by Judge Thomas O. Rice.
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Filing 43
Stipulated MOTION for Protective Order by Donna Byrnes, Christopher Fitzpatrick, Michael Hathaway, Frank Rivera. Motion Hearing set for 7/14/2025 Without Oral Argument before Judge Thomas O. Rice. (Attachments: #1 Text of Proposed Order)(Manis, Katrina)
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Filing 42
STATUS REPORT , Joint by Donna Byrnes, Christopher Fitzpatrick, Michael Hathaway, Frank Rivera. (Manis, Katrina)
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Filing 41
ORDER DIRECTING THE PARTIES TO MEET AND CONFER AND FILE A JOINT STATUS REPORT. Status Report due no later than 7/7/2025. Signed by Judge Thomas O. Rice. (BF, Paralegal)
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Filing 40
Case transferred in from District of Washington Western; Case Number 3:23-cv-05068. Docket sheet received.
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Filing 39
Order Transferring Case to the United States District Court for the Eastern District of Washington by electronic case transfer. Signed by Judge Marsha J. Pechman. (MJV) [Transferred from Washington Western on 4/1/2025.]
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NOTICE of Docket Text Modification re #38 MOTION to Change Venue: Updated title and event type from "Motion to Change Venue" to "RESPONSE, by Plaintiff Daniel Jerimiah Simms, to #36 MOTION to Transfer Case Under 28 U.S.C. 1404(a)." ***Motion terminated: #38 MOTION to Change Venue. (KRA) [Transferred from Washington Western on 4/1/2025.]
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Filing 38
RESPONSE, by Plaintiff Daniel Jerimiah Simms, to #36 MOTION to Transfer Case Under 28 U.S.C. 1404(a) MOTION to Change Venue Noting Date 3/27/2025, (Feldman, Brandon) Modified title and event type from Motion to Response on 3/18/2025 (KRA). [Transferred from Washington Western on 4/1/2025.]
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Filing 37
DECLARATION of Cassie B. vanRoojen filed by Defendants Michael Hathaway, Christopher Fitzpatrick, Donna Byrnes, Frank Rivera re #36 MOTION to Transfer Case Under 28 U.S.C. 1404(a) (vanRoojen, Cassie) [Transferred from Washington Western on 4/1/2025.]
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Filing 36
MOTION to Transfer Case Under 28 U.S.C. 1404(a), filed by Defendants Michael Hathaway, Christopher Fitzpatrick, Donna Byrnes, Frank Rivera. (Attachments: #1 Proposed Order) Noting Date 3/27/2025, (vanRoojen, Cassie) [Transferred from Washington Western on 4/1/2025.]
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Filing 35
NOTICE of Appearance by attorney Brandon M Feldman on behalf of Plaintiff Daniel Jerimiah Simms. (Feldman, Brandon) [Transferred from Washington Western on 4/1/2025.]
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Filing 34
NOTICE of Association of Attorney by Katrina Ballantyne Manis on behalf of Defendants Michael Hathaway, Christopher Fitzpatrick, Donna Byrnes, Frank Rivera. (Manis, Katrina) [Transferred from Washington Western on 4/1/2025.]
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Filing 33
ORDER REGARDING INITIAL DISCLOSURES AND JOINT STATUS REPORT Joint Status Report due by 3/25/2025, FRCP 26(f) Conference Deadline is 3/11/2025, Initial Disclosure Deadline is 3/18/2025. Signed by Judge Marsha J. Pechman. (GC) [Transferred from Washington Western on 4/1/2025.]
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Filing 32
ORDER APPOINTING COUNSEL. The Court hereby appoints Brandon Feldman of Feldman & Lee, 604 W. Meeker St., Suite 206, Kent, WA 98032 | (253) 859-2488 | [email protected] to represent Plaintiff as counsel pursuant to the "Plan and Rules of the United States District Court for the Western District of Washington at Seattle for the Representation of Pro Se Litigants." Mr. Feldman is appointed for all further proceedings. (See Order (Dkt. No. #31 ).) Signed by Judge Marsha J. Pechman. **2 PAGE(S), PRINT ALL**(Daniel Simms, Prisoner ID: 795743)(KRA) [Transferred from Washington Western on 4/1/2025.]
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Filing 31
ORDER granting Plaintiff's #27 Motion for Relief from Judgment and Appointment of Counsel. The Court agrees with Simms that the judgment should be set aside now that he has successfully completed his attack to the underlying infraction. And the Court finds that counsel should be appointed to help Simms litigate this matter. The Court GRANTS the Motion and DIRECTS the District's Pro Bono Coordinator to locate counsel to represent Simms. Case reopened. Signed by Judge Marsha J. Pechman. **6 PAGE(S), PRINT ALL** (Daniel Simms, Prisoner ID: 795743) (KRA) (cc: Pro Bono Coordinator via NEF) [Transferred from Washington Western on 4/1/2025.]
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Filing 30
SECOND SUPPLEMENT re #27 MOTION for Relief from Judgment and for Appointment of Counsel, #28 Declaration, #29 Supplement by Plaintiff Daniel Jerimiah Simms. (Attachments: #1 Letter) **26 PAGE(S), PRINT NEF ONLY** (Daniel Simms, Prisoner ID: 795743) (KRA) [Transferred from Washington Western on 4/1/2025.]
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Filing 29
SUPPLEMENT re #27 MOTION for Relief from Judgment and for Appointment of Counsel, #28 Declaration, by Plaintiff Daniel Jerimiah Simms. **25 PAGE(S), PRINT NEF ONLY**(Daniel Simms, Prisoner ID: 795743)(CJS) [Transferred from Washington Western on 4/1/2025.]
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Filing 28
DECLARATION filed by Plaintiff Daniel Jerimiah Simms re #27 MOTION for Relief from Judgment and for Appointment of Counsel. (Attachments: #1 Exhibits) **11 PAGE(S), PRINT NEF ONLY** (Daniel Simms, Prisoner ID: 795743) (KRA) (Updated facility address for Plaintiff per filings and confirmation via WA DOC lookup. Re-generated NEF) Modified re address update on 9/9/2024 (KRA). [Transferred from Washington Western on 4/1/2025.]
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Filing 27
MOTION for Relief from Judgment and for Appointment of Counsel, filed by Plaintiff Daniel Jerimiah Simms. (Attachments: #1 Proposed Order) Noted by Clerk for 9/27/2024. **14 PAGE(S), PRINT NEF ONLY**(Daniel Simms, Prisoner ID: 795743)(KRA) (Updated facility address for Plaintiff per filings and confirmation via WA DOC lookup. Re-generated NEF) Modified re address update on 9/9/2024 (KRA). [Transferred from Washington Western on 4/1/2025.]
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Filing 26
JUDGMENT BY COURT: The Report and Recommendation is approved and adopted. Plaintiff's motion to dismiss is granted, and Plaintiff's complaint and this action are dismissed without prejudice. **1 PAGE(S), PRINT ALL** (Daniel Simms, Prisoner ID: 795743) (SS) [Transferred from Washington Western on 4/1/2025.]
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Filing 25
ORDER adopting #24 Report and Recommendation. Plaintiff's motion to dismiss (Dkt. #21 ) is GRANTED, and Plaintiff's complaint (Dkt. #5 ) and this action are DISMISSED without prejudice. Signed by Judge Marsha J. Pechman. **2 PAGE(S), PRINT ALL** (Daniel Simms, Prisoner ID: 795743) (SS) [Transferred from Washington Western on 4/1/2025.]
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Filing 24
REPORT AND RECOMMENDATION to grant Plaintiff's #21 MOTION to Dismiss. Objections to this Report and Recommendation, if any, should be filed with the Clerk and served upon all parties to this suit within twenty-one (21) days of the date on which this Report and Recommendation is signed. Noting Date 8/18/2023. Signed by Hon. S. Kate Vaughan. (Attachments: #1 Proposed Order, #2 Proposed Judgment) **6 PAGE(S), PRINT ALL** (Daniel Simms, Prisoner ID: 795743)(LH) [Transferred from Washington Western on 4/1/2025.]
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Filing 23
RESPONSE, by Defendants Donna Byrnes, Christopher Fitzpatrick, Michael Hathaway, Frank Rivera, to #21 MOTION to Dismiss. **PRINT ALL**(Daniel Simms, Prisoner ID: 795743)(vanRoojen, Cassie) [Transferred from Washington Western on 4/1/2025.]
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Filing 22
Mail addressed to Daniel Simms returned as Undeliverable re #21 MOTION to Dismiss. Per staff at WSP-Walla Walla, plaintiff transferred to MCC-Twin Rivers. Docket updated; notice regenerated for #21 **2 PAGE(S), PRINT NEF ONLY**(Daniel Simms, Prisoner ID: 795743)(PS) [Transferred from Washington Western on 4/1/2025.]
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Filing 21
MOTION to Dismiss without Prejudice, filed by Plaintiff Daniel Jerimiah Simms. Noted by clerk for 7/14/2023. **3 PAGE(S), PRINT NEF ONLY** (Daniel Simms, Prisoner ID: 795743) (SB) [Transferred from Washington Western on 4/1/2025.]
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Filing 20
ORDER ADOPTING #16 REPORT AND RECOMMENDATION. Plaintiff's motion for preliminary injunctive relief (Dkt. #9 ) is DENIED. Signed by Judge Marsha J. Pechman. **1 PAGE(S), PRINT ALL** (Daniel Simms, Prisoner ID: 795743) (LH) [Transferred from Washington Western on 4/1/2025.]
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Filing 19
NOTICE of Change of Address as to Plaintiff Daniel Jerimiah Simms. **1 PAGE(S), PRINT NEF ONLY** (Daniel Simms, Prisoner ID: 795743) (SB) (SB). [Transferred from Washington Western on 4/1/2025.]
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Filing 18
PRETRIAL SCHEDULING ORDER. Discovery completed by 7/18/2023, Dispositive motions due by 8/18/2023. The parties are advised that a due date for filing a Joint Pretrial Statement may be established at a later date pending the outcome of any dispositive motions. Signed by Hon. S. Kate Vaughan. **4 PAGE(S), PRINT ALL** (Daniel Simms, Prisoner ID: 795743) (SB) [Transferred from Washington Western on 4/1/2025.]
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Filing 17
ANSWER to #5 Complaint, with JURY DEMAND by Donna Byrnes, Christopher Fitzpatrick, Michael Hathaway, Frank Rivera.**PRINT ALL**(Daniel Simms, Prisoner ID: 795743)(vanRoojen, Cassie) [Transferred from Washington Western on 4/1/2025.]
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Filing 16
REPORT AND RECOMMENDATION for denial of Plaintiff's #9 MOTION for Preliminary Injunction. Objections should be filed with the Clerk and served upon all parties to this suit within twenty-one (21) days of the date on which this Report and Recommendation is signed. Noting Date 4/28/2023. Signed by Hon. S. Kate Vaughan. (Attachments: #1 Proposed Order) **8 PAGE(S), PRINT ALL**(Daniel Simms, Prisoner ID: 795743)(LH) [Transferred from Washington Western on 4/1/2025.]
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Filing 15
WAIVER OF SERVICE of Summons upon defendant Frank Rivera mailed on 2/6/2023 **PRINT ALL**(Daniel Simms, Prisoner ID: 795743)(vanRoojen, Cassie) [Transferred from Washington Western on 4/1/2025.]
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Filing 14
WAIVER OF SERVICE of Summons upon defendant Michael Hathaway mailed on 2/6/2023 **PRINT ALL**(Daniel Simms, Prisoner ID: 795743)(vanRoojen, Cassie) [Transferred from Washington Western on 4/1/2025.]
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Filing 13
WAIVER OF SERVICE of Summons upon defendant Christopher Fitzpatrick mailed on 2/6/2023 **PRINT ALL**(Daniel Simms, Prisoner ID: 795743)(vanRoojen, Cassie) [Transferred from Washington Western on 4/1/2025.]
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Filing 12
WAIVER OF SERVICE of Summons upon defendant Donna Byrnes mailed on 2/6/2023 **PRINT ALL**(Daniel Simms, Prisoner ID: 795743)(vanRoojen, Cassie) [Transferred from Washington Western on 4/1/2025.]
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Filing 11
NOTICE of Appearance by attorney Cassie B. vanRoojen on behalf of Defendants Donna Byrnes, Christopher Fitzpatrick, Michael Hathaway, Frank Rivera. **PRINT ALL**(Daniel Simms, Prisoner ID: 795743)(vanRoojen, Cassie) [Transferred from Washington Western on 4/1/2025.]
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Filing 10
DECLARATION of Daniel Jerimiah Simms re Plaintiff's #9 MOTION for a Restraining Order and/or Preliminary Injunctive Relief. **19 PAGE(S), PRINT NEF ONLY** (Daniel Simms, Prisoner ID: 795743) (SB) [Transferred from Washington Western on 4/1/2025.]
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Filing 9
MOTION for a Restraining Order and/or Preliminary Injunctive Relief, filed by Plaintiff Daniel Jerimiah Simms. Noting Date 3/31/2023. **9 PAGE(S), PRINT NEF ONLY** (Daniel Simms, Prisoner ID: 795743) (SB) [Transferred from Washington Western on 4/1/2025.]
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Filing 8
MINUTE ORDER. On 2/10/2023, the Court received a letter from Plaintiff that appeared to contain a request for preliminary injunctive relief to prevent his transfer to Airway Heights Corrections Center. See Dkt. #7 . If Plaintiff intends to seek preliminary injunctive relief, he must file and note a motion with the Court, in compliance with Local Civil Rule 7, explaining why he is entitled to relief under the standards described herein, and have the motion served on Defendants. Authorized by Hon. S. Kate Vaughan. **2 PAGE(S), PRINT ALL** (Daniel Simms, Prisoner ID: 795743) (SB) [Transferred from Washington Western on 4/1/2025.]
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Filing 7
LETTER filed by Daniel Jerimiah Simms. **4 PAGE(S), PRINT NEF ONLY** (Daniel Simms, Prisoner ID: 795743) (SB) [Transferred from Washington Western on 4/1/2025.]
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Filing 6
ORDER DIRECTING SERVICE OF CIVIL RIGHTS COMPLAINT by Hon. S. Kate Vaughan. Documents served electronically to Michael Hathaway, Christopher Fitzpatrick, Donna Byrnes, and Frank Rivera on 2/6/2023. (cc: WA Atty General w/ copy of Order and Complaint via e-mail) (Attachments: #1 Pro Se Instruction Sheet)**7 PAGE(S), PRINT ALL**(Daniel Simms, Prisoner ID: 795743) (JWC) [Transferred from Washington Western on 4/1/2025.]
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Filing 5
1983 PRISONER CIVIL RIGHTS COMPLAINT against defendant(s) Donna Byrnes, Christopher Fitzpatrick, Michael Hathaway, Frank Rivera with JURY DEMAND, filed by Daniel Jerimiah Simms.**16 PAGE(S), PRINT NEF ONLY**(Daniel Simms, Prisoner ID: 795743) (JWC) [Transferred from Washington Western on 4/1/2025.]
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Filing 4
ORDER GRANTING #1 APPLICATION TO PROCEED IN FORMA PAUPERIS AND DIRECTING INSTITUTION TO CALCULATE, COLLECT, AND FORWARD PAYMENTS by Hon. S. Kate Vaughan. (cc: Plaintiff, DOC, WAWD Finance)**2 PAGE(S), PRINT ALL**(Daniel Simms, Prisoner ID: 795743) (JWC) [Transferred from Washington Western on 4/1/2025.]
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Filing 3
LETTER to Filer re case number and Judge assignment. **1 PAGE(S), PRINT ALL**(Daniel Simms, Prisoner ID: 795743)(MJV) [Transferred from Washington Western on 4/1/2025.]
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Filing 1
MOTION for Leave to Proceed In Forma Pauperis before Judge Vaughan, filed by Daniel Jerimiah Simms. (Attachments: #1 PROPOSED Complaint, #2 Prison Trust Account, #3 Summons, #4 Letter, #5 Envelope Transmittal)**24 PAGE(S), PRINT NEF ONLY**(Daniel Simms, Prisoner ID: 795743)(MJV) [Transferred from Washington Western on 4/1/2025.]
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