Cunningham v. Fortney et al
Plaintiff: Bradly M Cunningham
Defendant: Adam Fortney, Stan White, Mike Reese and Jane and John Does 1-50
Case Number: 2:2023cv01949
Filed: December 15, 2023
Court: US District Court for the Western District of Washington
Presiding Judge: Benjamin H Settle
Referring Judge: Brian A Tsuchida
Nature of Suit: Prisoner: Civil Rights
Cause of Action: 42 U.S.C. ยง 1983 Prisoner Civil Rights
Jury Demanded By: None
Docket Report

This docket was last retrieved on February 29, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
February 9, 2024 Opinion or Order Filing 27 ORDER STRIKING MOTIONS FOR SUMMARY JUDGMENT, DKTS #24 AND #25 . Plaintiff has filed motions for summary judgment, Dkts. #24 and #25 but has neither paid the filing fee nor been granted leave to proceed in forma pauperis. As the motions for summary judgment are therefore premature, the Court ORDERS the motions for summary judgment are STRICKEN. Signed by Judge Benjamin H. Settle. (MW) (cc: Plaintiff via USPS)
February 8, 2024 Filing 28 PROPOSED Motion for Order (Per Day Penalty) filed by Plaintiff Bradly M Cunningham (CR)
February 5, 2024 Filing 26 OBJECTIONS and Clarifications to Finding by Plaintiff Bradly M Cunningham (CR)
February 5, 2024 Filing 25 PROPOSED Summary Judgment Motion for Reimbursement of Lost/Stolen Wages filed by Plaintiff Bradly M Cunningham (Attachments: #1 Affidavit in Support of Summary Judgment) (CR)
February 5, 2024 Filing 24 PROPOSED Motion for Summary Judgment (Defendant 3) (Columbia Tristar) FRCP 54 filed by Plaintiff Bradly M Cunningham (Attachments: #1 Affidavit in Support of Summary Judgment) (CR)
February 5, 2024 Opinion or Order Filing 23 ORDER ADOPTING REPORT AND RECOMMENDATION (Dkt. #12 ). Plaintiff shall submit the filing fee no later than 2/16/2024 or the Court will dismiss the action. The clerk shall note on the docket whether it has received any check from Plaintiff, the amount of the check, and whether the check was sufficient or returned to Plaintiff in order to ensure there is a clear record. Signed by Judge Benjamin H. Settle. (AMD) (cc: Pltf via USPS)
February 1, 2024 Opinion or Order Filing 22 ORDER REGARDING FILING STATUS. The Court ORDERS: Before this matter can proceed, Plaintiff must tender payment of the filing fee in the correct amount. Because Plaintiff at this point has not paid the filing fee, his requests the Marshal serve the named Defendants is premature. Signed by Magistrate Judge Brian A Tsuchida. (AMD) (cc: Pltf via USPS)
January 29, 2024 Filing 21 LETTER from Bradly M Cunningham re: #13 Motion to Show Cause and Filing Fee (Attachments: #1 Copy of #13 Motion to Show Cause) (CR)
January 29, 2024 Filing 20 LETTER from Bradly M Cunningham to U.S. Marshals Service re: service of documents filed by Bradly M Cunningham (CR)
January 29, 2024 Filing 19 LETTER from Bradly M Cunningham to Corey Fhuere, Superintendent, Oregon State Penitentiary filed by Bradly M Cunningham (CR)
January 29, 2024 Filing 18 LETTER re: Request for Admissions from Bradly M Cunningham (CR)
January 29, 2024 Filing 17 LETTER re: filing fee from Bradly M Cunningham (CR)
January 29, 2024 Filing 16 PROPOSED Motion for Order for Additional Time to File Objections filed by Plaintiff Bradly M Cunningham (Attachments: #1 Statement of Facts) (CR)
January 25, 2024 Filing 15 PROPOSED Motion for Emergency Order for Release filed by Plaintiff Bradly M Cunningham (CR)
January 25, 2024 Filing 14 PROPOSED Motion for Reconsideration filed by Plaintiff Bradly M Cunningham (CR)
January 25, 2024 Filing 13 PROPOSED Motion for Order to Show Cause filed by Plaintiff Bradly M Cunningham (CR)
January 18, 2024 Filing 12 REPORT AND RECOMMENDATION DENYING #10 IFP STATUS by Hon. Brian A Tsuchida. Because Plaintiff is subject to the three-strikes rule and does not face imminent danger of physical injury, the Court recommends Plaintiffs application to proceed IFP, (Dkt. 10) be DENIED, and Plaintiff be directed to pay the filing fee within 21 days or face dismissal of this action. Objections to R&R due by 2/1/2024, Noting Date 2/2/2024, (cc: Plaintiff via USPS) (CR)
January 18, 2024 Opinion or Order Filing 11 ORDER STRIKING REQUESTS FOR ADMISSION, DKTS #8 AND #9 by Hon. Brian A Tsuchida. The requests for admission are premature. Moreover, a party may not file discovery unless it is submitted in support of or opposition to a motion. See Local Rules W.D. Wash. 5(d) (Rule 26 initial disclosures and discovery requests and responses must not be filed until they are used in the proceedings or the court orders filing.). The Court thus ORDERS: The requests for admission, Dkts. 8 and 9 are STRICKEN. (cc: Plaintiff via USPS) (CR)
January 16, 2024 Filing 10 MOTION for Leave to Proceed In Forma Pauperis filed by Bradly M Cunningham before Judge Brian A Tsuchida (Attachments: #1 PROPOSED 1983 Prisoner Civil Rights Complaint, #2 Prison Trust Account Statement, #3 Affidavit of Bradly Cunningham, #4 Legal Authority, #5 PROPOSED Summons) (CR)
January 16, 2024 Filing 9 REQUEST for Admissions 1-10 by Plaintiff Bradly M Cunningham (CR)
January 16, 2024 Filing 8 REQUEST for Admissions 11-20 by Plaintiff Bradly M Cunningham (CR)
January 16, 2024 Deficiency corrected. IFP and Prison Trust Account statement received. (CR)
January 9, 2024 Opinion or Order Filing 7 ORDER STRIKING MOTIONS FOR SUMMARY JUDGMENT AND MONEY JUDGMENT (Dkts. #5 , #6 ). Plaintiff is readvised the failure to pay the filing fee or submit a sufficient application to proceed IFP by 1/19/2024, may result in dismissal of this action. Signed by Judge Benjamin H. Settle. (AMD) (cc: Pltf via USPS)
January 3, 2024 Filing 6 PROPOSED Motion for Money Judgment and Order (Defendant 3) filed by Plaintiff Bradly M Cunningham (CR)
January 3, 2024 Filing 5 PROPOSED Motion for Summary Judgment (Defendant 3) FRCP 54 filed by Plaintiff Bradly M Cunningham (Attachments: #1 PROPOSED Affidavit, #2 PROPOSED Order) (CR)
December 20, 2023 Filing 4 Notice of Filing Deficiency re #1 Proposed Document(s). ***Action Required*** 1983 Filing Fee Not Paid, Prison Trust Account Statement.See attached letter for more information and instructions. Filer has until 1/19/2024 to correct IFP application (cc: Plaintiff via USPS) (CR)
December 18, 2023 Filing 3 LETTER from Bradly M. Cunningham (CR)
December 15, 2023 Filing 2 SEALED EXHIBIT by Plaintiff Bradly M Cunningham. Administratively sealed due to personal identifiers. (CR)
December 15, 2023 Filing 1 PROPOSED 1983 Prisoner Civil Rights Complaint filed by Plaintiff Bradly M Cunningham (NO IFP/NO FILING FEE) (Attachments: #1 Affidavit of Bradly Cunningham, #2 Legal Authority, #3 PROPOSED Summons) (CR)

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Plaintiff: Bradly M Cunningham
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Defendant: Adam Fortney
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Defendant: Stan White
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Defendant: Mike Reese
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Defendant: Jane and John Does 1-50
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