Waliezer v. Fortney et al
Plaintiff: Shane D Waliezer
Defendant: Adam Fortney, Joseph Clark and Joseph Odem
Case Number: 2:2021cv01100
Filed: August 17, 2021
Court: US District Court for the Western District of Washington
Presiding Judge: J Richard Creatura
Referring Judge: Richard A Jones
Nature of Suit: Prisoner: Civil Rights
Cause of Action: 42 U.S.C. § 1983
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on December 21, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 12, 2021 Filing 26 REPLY TO Defendants #24 RESPONSE to Plaintiff's #17 AMENDED MOTION to Appoint Counsel. (SP)
October 6, 2021 Filing 25 NOTICE of Change of Address Filed by Plaintiff Shane D Waliezer. (AMD)
September 28, 2021 Filing 24 RESPONSE, by Defendants Joseph Clark, Adam Fortney, Joseph Odem, to #17 MOTION to Appoint Counsel. (O'Neal, Kelsey)
September 27, 2021 Filing 23 NOTICE of Change of Address Filed by Plaintiff Shane D Waliezer. (AMD)
September 27, 2021 Filing 22 Mail addressed to Shane Waliezer, returned as Undeliverable re Notice to Filer. (AMD)
September 27, 2021 ***Option to Consent deadline terminated. Case remains assigned as is, no further action necessary. **1 PAGE(S), PRINT NEF ONLY**(Shane Waliezer, Prisoner ID: 349431) (KAM)
September 23, 2021 Filing 21 Mail addressed to Shane D Waliezer returned as Undeliverable re #18 Notice of Change of Address Filed by Shane D Waliezer. (SP- cc: plaintiff)
September 23, 2021 Filing 20 Mail addressed to Shane D Waliezer returned as Undeliverable re #17 Amended MOTION to Appoint Counsel, filed by Plaintiff Shane D Waliezer. (SP- cc: plaintiff)
September 23, 2021 Filing 19 Mail addressed to Shane D Waliezer returned as Undeliverable re #16 Letter from Shane D Waliezer. (SP-cc: plaintiff)
September 23, 2021 NOTICE TO FILER RE NON-COMPLIANCE WITH PRISONER E-FILING INITIATIVE: re #16 Letter, #17 AMENDED MOTION to Appoint Counsel and #18 Notice of Change of Address. The Western District of Washington received documents from you for filing through the U.S. Postal Service. Pursuant to General Order 06-16, participation in the Prisoner E-Filing Initiative is mandatory for all prisoner litigants incarcerated at the Washington Corrections Center-Shelton. These documents will be filed by the clerk in this instance, it is not necessary to refile. Please comply by submitting all future documents to be filed with this Court to the Law Librarian/designee for electronic filing. **0 PAGE(S), PRINT NEF ONLY**(Shane Waliezer, Prisoner ID: 349431)(SP)
September 22, 2021 Filing 18 NOTICE of Change of Address Filed by Plaintiff Shane D Waliezer. (Plaintiff is currently housed at WCC pending extradition to South Dakota. Address will be updated c/o Bruning & Lewis Law Office, PO BOX 347, Flandreau, SD 57028 once he departs WCC, and his South Dakota extradition is finalized.) **2 PAGE(S), PRINT NEF ONLY**(Shane Waliezer, Prisoner ID: 349431)(SP)
September 22, 2021 Filing 17 AMENDED MOTION to Appoint Counsel, filed by Plaintiff Shane D Waliezer. Noted Correctly by Clerk for: 10/8/2021. **3 PAGE(S), PRINT NEF ONLY**(Shane Waliezer, Prisoner ID: 349431)(SP)
September 22, 2021 Filing 16 LETTER from Shane D Waliezer re Law Library Access and the ECF Filing System due to Covid 19, filed by Shane D Waliezer. **1 PAGE(S), PRINT NEF ONLY**(Shane Waliezer, Prisoner ID: 349431)(SP)
September 14, 2021 Opinion or Order Filing 15 ORDER DENYING #6 APPOINTMENT OF COUNSEL; signed by Judge J Richard Creatura. Plaintiff does not make any argument that he has shown the exceptional circumstances meriting the appointment of counsel in this matter, other than citing his indigency. **2 PAGE(S), PRINT ALL**(Shane Waliezer, Prisoner ID: 349431)(SP)
September 13, 2021 Filing 14 Notice of Lawsuit and Request to Waive Service of Summons Directed to Defendant Joseph Clark Returned as "Return to Sender/Unable to Forward" re #7 Order Directing Service of Civil Rights Complaint. (Counsel for Defendant Joseph Clark returned a Waiver of Service on his behalf on 9/10/2021) **DO NOT PRINT**(Shane Waliezer, Prisoner ID: 349431)(SP)
September 10, 2021 Filing 13 WAIVER OF SERVICE of Summons upon defendant Joseph Odem mailed on 8/25/2021 **PRINT ALL**(Shane Waliezer, Prisoner ID: 349431)(O'Neal, Kelsey)
September 10, 2021 Filing 12 WAIVER OF SERVICE of Summons upon defendant Adam Fortney mailed on 8/25/2021 **PRINT ALL**(Shane Waliezer, Prisoner ID: 349431)(O'Neal, Kelsey)
September 10, 2021 Filing 11 WAIVER OF SERVICE of Summons upon defendant Joseph Clark mailed on 8/25/2021 **PRINT ALL**(Shane Waliezer, Prisoner ID: 349431)(O'Neal, Kelsey)
September 10, 2021 Filing 10 NOTICE of Appearance by attorney Kelsey O'Neal on behalf of Defendants Joseph Clark, Adam Fortney, Joseph Odem. **PRINT ALL**(Shane Waliezer, Prisoner ID: 349431)(O'Neal, Kelsey)
September 2, 2021 NOTICE TO FILER RE NON-COMPLIANCE WITH PRISONER E-FILING INITIATIVE: re #9 Prison Trust Account Statement. The Western District of Washington received documents from you for filing through the U.S. Postal Service. Pursuant to General Order 06-16, participation in the Prisoner E-Filing Initiative is mandatory for all prisoner litigants incarcerated at the Washington Corrections Center-Shelton. These documents will be filed by the clerk in this instance, it is not necessary to refile. Please comply by submitting all future documents to be filed with this Court to the Law Librarian/designee for electronic filing. **0 PAGE(S), PRINT NEF ONLY**(Shane Waliezer, Prisoner ID: 349431)(SP)
September 1, 2021 Filing 9 Prison Trust Account Statement, filed by Shane D Waliezer. **4 PAGE(S), PRINT NEF ONLY**(Shane Waliezer, Prisoner ID: 349431)(SP- conformed copy of filing mailed to plaintiff at WCC)
August 25, 2021 Filing 8 NOTICE OF OPTION TO CONSENT TO US MAGISTRATE JUDGE. To consent to a US Magistrate Judge, return the executed form by 9/24/2021. Please Note: Forms must not be electronically filed with the Court. **2 PAGE(S), PRINT ALL**(Shane Waliezer, Prisoner ID: 349431)(SP)
August 24, 2021 Opinion or Order Filing 7 ORDER DIRECTING SERVICE OF CIVIL RIGHTS COMPLAINT by First-Class Mail to the named defendants (3); signed by by Judge J Richard Creatura. ( #5 Complaint, this Order, notice of lawsuit and waiver of service, and notice of option of consent mailed 8/25/2021) (Attachments: #1 Pro se Instruction Sheet)**6 PAGE(S), PRINT ALL**(Shane Waliezer, Prisoner ID: 349431)(SP)
August 24, 2021 Check status of service waivers per #7 Order Directing Service, due by 10/1/2021. **DO NOT PRINT**(Shane Waliezer, Prisoner ID: 349431)(SP)
August 23, 2021 Filing 6 MOTION for Appointment of Counsel, filed by Plaintiff Shane D Waliezer. Noted correctly by clerk for: 9/10/2021. **3 PAGE(S), PRINT NEF ONLY**(Shane Waliezer, Prisoner ID: 349431)(SP)
August 23, 2021 Filing 5 COMPLAINT against defendant(s) Joseph Clark, Adam Fortney, Joseph Odem with JURY DEMAND, filed by Shane D Waliezer. (IFP Granted) **25 PAGE(S), PRINT NEF ONLY**(Shane Waliezer, Prisoner ID: 349431)(SP)
August 23, 2021 Opinion or Order Filing 4 ORDER GRANTING APPLICATION TO PROCEED IN FORMA PAUPERIS AND DIRECTING INSTITUTION TO CALCULATE, COLLECT, AND FORWARD PAYMENTS; signed by Judge J Richard Creatura. (cc: Plaintiff, DOC, WAWD Finance) **2 PAGE(S), PRINT ALL**(Shane Waliezer, Prisoner ID: 349431)(SP)
August 23, 2021 Filing 3 Notice of Filing Deficiency re #1 MOTION for Leave to Proceed In Forma Pauperis. ***Action Required*** Certified Prison Trust Account Statement.See attached letter for more information and instructions. Filer has until 9/22/2021 to correct IFP application **1 PAGE(S), PRINT ALL**(Shane Waliezer, Prisoner ID: 349431)(AMD)
August 18, 2021 Filing 2 LETTER to Filer re case number and Judge assignment. **1 PAGE(S), PRINT ALL**(Shane Waliezer, Prisoner ID: 349431) (AMD)
August 17, 2021 Filing 1 MOTION for Leave to Proceed In Forma Pauperis, filed by Shane D Waliezer. (Attachments: #1 Proposed 1983 Prisoner Civil Rights Complaint, #2 Proposed Motion to Appoint Counsel) **32 PAGE(S), PRINT NEF ONLY** (Shane Waliezer, Prisoner ID: 349431) (AMD)

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Plaintiff: Shane D Waliezer
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Defendant: Adam Fortney
Represented By: Kelsey O'Neal
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Defendant: Joseph Clark
Represented By: Kelsey O'Neal
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Defendant: Joseph Odem
Represented By: Kelsey O'Neal
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