2012 WL 10897

2013 WL 686966

2013 WL 6055247

2014 WL 795801

101 F.Supp.3d 980, 2015 WL 1477902

Barrett v. Peters

Application for Leave to Proceed IFP. Filed by Jacob Barrett. (ljb) (Entered: 11/15/2011)

Complaint. Demand for Jury Trial.Filed by Jacob Barrett against Michelle Whitney Dodson, Jane Doe, Oregon Department of Corrections, Jeff Premo, Janna Russell, Max Williams. (ljb) (Entered: 11/16/2011)

Motion for Appointment of Counsel. Filed by Jacob Barrett. (ljb) (Entered: 11/16/2011)

Motion for Court to Take Judicial Notice and to Disqualify Magistrate Judges Cooney, Jelderks and District Court Judges Hogan and King. Filed by Jacob Barrett. (ljb) (Entered: 11/16/2011)

Motion for Preliminary Injunction, Motion for Temporary Restraining Order. Filed by Jacob Barrett. (ljb) (Entered: 11/16/2011)

Memorandum in Support. Filed by Jacob Barrett. (Related document(s): Motion for Preliminary Injunction, Motion for Temporary Restraining Order 5 .) (ljb) (Entered: 11/16/2011)

Affidavit of Jacob Barrett in Support of Motion. Filed by Jacob Barrett. (Related document(s): Motion for Preliminary Injunction, Motion for Temporary Restraining Order 5 .) (ljb) (Entered: 11/16/2011)

Clerk's Notice of Mailing to Plaintiff Jacob Barrett - receive-stamped copies of documents filed with the court. (mr) (Entered: 11/22/2011)

ORDER: Plaintiff's Motion for Appointment of Counsel 3 is DENIED. See attached 3-page order. Signed on 1/2/2012 by Judge Marco A. Hernandez. Copy of order mailed to plaintiff. (mr) (Entered: 01/03/2012)

ORDER: Plaintiff's motion for the court to take judicial notice of bias and disqualify judges 4 is DENIED as moot. See attached 1-page order. Signed on 1/2/2012 by Judge Marco A. Hernandez. Copy of order mailed to plaintiff. (mr) (Entered: 01/03/2012)

ORDER: Plaintiff's Motion for Preliminary Injunction and TemporaryRestraining Order 5 is DENIED. See attached 4-page order. Signed on 1/2/2012 by Judge Marco A. Hernandez. Copy of order mailed to plaintiff. (mr) (Entered: 01/03/2012)

ORDER TO PROCEED IN FORMA PAUPERIS AND TO COLLECT INMATE FILING FEE: Plaintiff's provisional in forma pauperis status is CONFIRMED. IT IS ORDERED that the Oregon Department of Corrections shall collect payments from Plaintiff's trust account and shall forward those payments to the Clerk of the Court in accordance with the formula set forth above until a total of $350.00 has been collected and forwarded. IT IS SO ORDERED. Signed on 1/2/2012 by Judge Marco A. Hernandez. (gw) (Entered: 01/05/2012)

Notice of Lawsuit and Request for Waiver of Service of Summons. Waiver of Service is due by 2/6/2012. (Attachment: # 1 Complaint) (gw) (Entered: 01/05/2012)

Clerk's Notice of Mailing to Oregon Department of Corrections Central Trust Unit of Order to Proceed IFP and to Collect Inmate Filing Fee 12 . (gw) (Entered: 01/05/2012)

Clerk's Notice of Mailing to Jacob Barrett of Order to Proceed IFP and to Collect Inmate Filing Fee 12, and Notice of Lawsuit 14 . (gw) (Entered: 01/05/2012)

Waiver of Service of Summons Returned Executed Filed by Janna Russell, Michelle Whitney Dodson, Jeff Premo, Oregon Department of Corrections, Max Williams. (Kamins, Jacqueline) (Entered: 02/06/2012)

Answer to 2 Complaint with Jury Demand (titled as Defendants' Answer to Plaintiff's Complaint and Affirmative Defenses - Jury Demand). Filed by Michelle Whitney Dodson, Oregon Department of Corrections, Jeff Premo, Janna Russell, Max Williams. (Kamins, Jacqueline) (Entered: 02/27/2012)

Amended Complaint. No motion for leave to file amended complaint included. Filed by Jacob Barrett against Michelle Whitney Dodson, Jane Doe, Oregon Department of Corrections, Jeff Premo, Max Williams. (Attachments: # 1 Attachments 1-3, # 2 Certificate of Service) (gw) (Entered: 02/28/2012)

1 Attachments 1-3

View on PACER

2 Certificate of Service

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Scheduling Order for Civil Rights Actions Filed by Incarcerated Plaintiffs. Summary Judgment Advice Notice and Consent Form. All pretrial, discovery, and dispositive motions are due by 5/3/2012. Signed on 3/1/2012 by Deputy Clerk G. Williams. (gw) Modified on 3/1/2012 to show that order was signed by G. Williams, not Judge Hernandez (gw). (Entered: 03/01/2012)

Clerk's Notice of Mailing to Jacob Barrett of Prisoner Civil Rights Scheduling Order and Summary Judgment Advice Notice 19 . (gw) (Entered: 03/01/2012)

Notice of Attorney Substitution:Attorney Kristin A. Winges-Yanez is substituted as counsel of record in place of Attorney Jacqueline Sadker Kamins Filed by Janna Russell, Michelle Whitney Dodson, Jeff Premo, Max Williams (Winges-Yanez, Kristin) (Entered: 04/04/2012)

Motion for Extension of Time. Filed by Jacob Barrett. (gw) (Entered: 04/19/2012)

ORDER: Plaintiff's Motion for Extension of Time 22 is GRANTED. All pretrial, discovery, and dispositive motions are due by 7/2/2012. Ordered by Judge Marco A. Hernandez. Copy of this order mailed to plaintiff. (mr) (Entered: 04/30/2012)

Motion for Leave to File Second Amended Complaint. Filed by Jacob Barrett. (Attachments: # 1 Proposed Second Amended Complaint, # 2 Attachments 1, 2 and 3, # 3 Certificate of Service) (gw) (Entered: 05/11/2012)

Motion for Extension of Time . Filed by Michelle Whitney Dodson, Jeff Premo, Janna Russell, Max Williams. (Winges-Yanez, Kristin) (Entered: 05/11/2012)

Declaration of Kristin A. Winges-Yanez . Filed by Michelle Whitney Dodson, Jeff Premo, Janna Russell, Max Williams. (Related document(s): Motion for Extension of Time 25 .) (Winges-Yanez, Kristin) (Entered: 05/11/2012)

ORDER: Defendants' Motion for Extension of Time 25 is GRANTED. The deadline for Defendants to respond to Plaintiff's First Request for Production of Documents and Admissions is 6/11/2012. Ordered by Judge Marco A. Hernandez. Copy of this order mailed to plaintiff. (mr) (Entered: 05/23/2012)

ORDER: Plaintiff's unopposed Motion to file a Second Amended Complaint 24 is GRANTED. The Second Amended Complaint, docket # 24, attachment #1, supersedes all previously filed complaints. Ordered by Judge Marco A. Hernandez. Copy of this order mailed to plaintiff. (mr) (Entered: 06/05/2012)

Second Amended Complaint. Filed by Jacob Barrett against Michelle Whitney Dodson, Jane Doe, Jeff Premo, Max Williams. (Attachments: # 1 Attachment). (mr) (Entered: 06/15/2012)

Answer to 29 Amended Complaint with Jury Demand . Filed by Michelle Whitney Dodson, Jeff Premo, Max Williams. (Winges-Yanez, Kristin) (Entered: 06/15/2012)

Motion for Extension of Time . Filed by Michelle Whitney Dodson, Jeff Premo, Janna Russell, Max Williams. (Winges-Yanez, Kristin) (Entered: 07/02/2012)

Declaration of Kristin Winges-Yanez . Filed by Michelle Whitney Dodson, Jeff Premo, Janna Russell, Max Williams. (Related document(s): Motion for Extension of Time 31 .) (Winges-Yanez, Kristin) (Entered: 07/02/2012)

ORDER: Defendants' Motion for Extension of Time 31 is GRANTED. The deadline for filing of dispositive motions is reset to 8/31/2012. Ordered by Judge Marco A. Hernandez. Copy of order mailed to plaintiff. Modified to update service information on 7/3/2012 (mr). (Entered: 07/03/2012)

Motion to Strike Answer to Second Amended Complaint 30 and Affirmative Defenses and Order for Defendants to File a Proper Response and Answer. Filed by Jacob Barrett. (ljb) (Entered: 07/09/2012)

Motion for Extension of Time. Filed by Jacob Barrett. (ljb) (Entered: 07/09/2012)

Notice of Dispute over Discovery and Request to Resolve the Dispute. Filed by Jacob Barrett (ljb) (Entered: 07/09/2012)

STRICKEN per order dated 7/18/2012. ORDER - Granting Plaintiff's Motion for Extension of Time 35 .Dispositive motions are due by 9/6/2012. Ordered by Judge Michael H. Simon. (mja) Modified on 7/18/2012 (mr). (Entered: 07/18/2012)

Order for Administrative Correction of the Record pursuant to Fed. R. Civ. P. 60(a) regarding Order on motion for extension of time 37 . A Clerical error has been discovered in the case record. The Clerk is directed to make the following administrative corrections to the record: The order shall be stricken and ruling shall be made by the presiding judge in the case. Ordered by Judge Marco A. Hernandez. (mr) (Entered: 07/18/2012)

ORDER: Granting Plaintiff's Motion for Extension of Time 35 . Plaintiff's dispositive motions are due by 9/4/2012. Ordered by Judge Marco A. Hernandez. Copy of this order mailed to plaintiff. (mr) (Entered: 07/18/2012)

Motion for Extension of Time . Filed by Michelle Whitney Dodson, Jeff Premo, Janna Russell, Max Williams. (Winges-Yanez, Kristin) (Entered: 07/26/2012)

Declaration of Kristin Winges-Yanez . Filed by Michelle Whitney Dodson, Jeff Premo, Janna Russell, Max Williams. (Related document(s): Motion for Extension of Time 40 .) (Winges-Yanez, Kristin) (Entered: 07/26/2012)

ORDER: Granting Defendants' Motion for Extension of Time 40 . Defendants' response to Plaintiff's Motion to Strike 34 is due 8/9/2012. Ordered by Judge Marco A. Hernandez. Copy of this order mailed to plaintiff. (mr) (Entered: 08/01/2012)

Response to Motion to Strike Answer to Amended Complaint 30 34 . Filed by Michelle Whitney Dodson, Jeff Premo, Max Williams. (Winges-Yanez, Kristin) (Entered: 08/07/2012)

Defendants' Amended Answer to Plaintiff's Second Amended Complaint 29 and Affirmative Defenses, with Jury Demand. Filed by Michelle Whitney Dodson, Jeff Premo, Max Williams. (gw) (Entered: 08/22/2012)

ORDER regarding Response to Motion to Strike 43 . The Clerk of the Court is DIRECTED to detach pages 3-7 (Attachment 1) from Defendant's Response To Plaintiff's Motion to Strike 43, and file that attachment as a separate docket entry entitled Defendants' Amended Answer to Plaintiff's Second Amended Complaint and Affirmative Defenses. Ordered by Judge Marco A. Hernandez. (mr) (Entered: 08/22/2012)

Clerk's Notice of Mailing to Jacob Barrett of Defendants' Amended Answer to Plaintiff's Second Amended Complaint 46 . (gw) (Entered: 08/22/2012)

Clerk's Notice of Mailing to Plaintiff Jacob Barrett regarding Order 44 . (mr) (Entered: 08/22/2012)

Motion for Summary Judgment . Oral Argument requested. Filed by Michelle Whitney Dodson, Jeff Premo, Max Williams. (Winges-Yanez, Kristin) Modified per order dated 8/28/2012 (mr). Motion re-opened on 5/30/2013 (mr). (Entered: 08/27/2012)

Memorandum in Support . Filed by Michelle Whitney Dodson, Jeff Premo, Max Williams. (Related document(s): Motion for Summary Judgment 48 .) (Winges-Yanez, Kristin) (Entered: 08/27/2012)

Declaration of Randy Geer . Filed by Michelle Whitney Dodson, Jeff Premo, Max Williams. (Related document(s): Motion for Summary Judgment 48 .) (Winges-Yanez, Kristin) (Entered: 08/27/2012)

Declaration of Michelle Dodson . Filed by Michelle Whitney Dodson, Jeff Premo, Max Williams. (Related document(s): Motion for Summary Judgment 48 .) (Winges-Yanez, Kristin) (Entered: 08/27/2012)

ORDER: Plaintiff's Motion to Strike Answer to Amended Complaint 34 is DENIED as moot. Respondents' Amended Answer to Plaintiff's Second Amended Complaint 46 supercedes the previously-filed answer. Ordered by Judge Marco A. Hernandez. (mr) (Entered: 08/28/2012)

Clerk's Notice of Mailing to Plaintiff Jacob Barrett regarding Order 52 . (mr) (Entered: 08/28/2012)

ORDER regarding Motion for Summary Judgment 48 . At counsel's request, the request for oral argument contained in the motion shall be stricken as oral argument was requested by mistake. The clerk is directed to strike the words "oral argument requested" from the docket text. Ordered by Judge Marco A. Hernandez. A copy of this order mailed to plaintiff. (mr) (Entered: 08/28/2012)

Motion for Stay Discovery. Filed by Michelle Whitney Dodson, Jeff Premo, Max Williams. (Winges-Yanez, Kristin) Motion re-opened on 5/30/2013 (mr). (Entered: 08/28/2012)

Summary Judgment Advice Notice and Scheduling Order regarding Motion for Summary Judgment 48 . Plaintiff shall file his opposition to defendants' motion for summary judgment within 30 days of the date of this order. Defendants shall file their reply within 14 days thereafter, at which time defendants' motion for summary judgment shall be taken under advisement. Ordered by Judge Marco A. Hernandez. (gw) (Entered: 09/05/2012)

Clerk's Notice of Mailing to Jacob Barrett of Summary Judgment Advice Notice and Scheduling Order 56 . (gw) (Entered: 09/05/2012)

Motion to Compel (titled by filer "Motion for Production of Documents"). Filed by Jacob Barrett. (gw) (Entered: 09/05/2012)

Motion for Extension of Time to File a Response/Reply to Motion for Stay Discovery 55, Motion for Summary Judgment 48 . Filed by Jacob Barrett. (ljb) (Entered: 09/06/2012)

ORDER: Granting Plaintiff's Motion for Extension of Time to File Response to Motion for Summary Judgment 48 and Motion for Stay 55 . Response is due by 10/31/2012. Ordered by Judge Marco A. Hernandez. Copy of this order mailed to plaintiff Jacob Barrett. (mr) (Entered: 09/17/2012)

Motion for Extension of Time . Filed by Michelle Whitney Dodson, Jeff Premo, Max Williams. (Winges-Yanez, Kristin) (Entered: 09/24/2012)

Declaration of Kristin Winges-Yanez . Filed by Michelle Whitney Dodson, Jeff Premo, Max Williams. (Related document(s): Motion for Extension of Time 61 .) (Winges-Yanez, Kristin) (Entered: 09/24/2012)

ORDER: Granting Defendants' Motion for Extension of Time 61 to respond to Plaintiff's Motion to Compel 58 . Response is due by 10/9/2012. Ordered by Judge Marco A. Hernandez. Copy of this order mailed to plaintiff. (mr) (Entered: 09/25/2012)

Response to Motion to Compel 58 . Filed by Michelle Whitney Dodson, Jeff Premo, Max Williams. (Winges-Yanez, Kristin) (Entered: 10/09/2012)

ORDER: Plaintiff's motion to compel 58 is GRANTED in part and DENIED in part. Plaintiff's Request No. 1, Request No. 2, and Request No. 6 are denied as overly broad. Plaintiff's Request No. 3 is GRANTED in part: defendants are to provide plaintiff with the names of the mailroom staff at the Oregon State Penitentiary and the title of their positions. Ordered by Judge Marco A. Hernandez. (mr) (Entered: 10/29/2012)

Clerk's Notice of Mailing to Plaintiff Jacob Barrett regarding Order 65 . (mr) (Entered: 10/29/2012)

Motion for Extension of Time. Filed by Jacob Barrett. (ljb) (Entered: 11/02/2012)

ORDER: Granting Plaintiff's Motion for Extension of Time 67 AS FOLLOWS: Responses to Defendant's Motion for Summary Judgment 48 and Motion for Stay of Discovery 55 are DUE by 12/21/2012. Ordered by Judge Marco A. Hernandez. Copy of this order mailed to plaintiff along with a courtesy copy of the Motion for Stay of Discovery. (mr) (Entered: 11/19/2012)

Motion for Extension of Time. Filed by Jacob Barrett. (ljb) (Entered: 11/20/2012)

Notice of Attorney Substitution:Attorney Shannon M. Vincent is substituted as counsel of record in place of Attorney Kristin A. Winges-Yanez (titled "Notice of Substitution of Counsel") Filed by Janna Russell, Michelle Whitney Dodson, Jeff Premo, Max Williams (Vincent, Shannon) (Entered: 12/06/2012)

ORDER: Granting Plaintiff's Motion for Extension of Time 69 . It appears to the court that Plaintiff's Motion for Extension of Time 67, extending time for plaintiff to respond to 12/21/2012, was filed the same day as Plaintiff's Motion for Extension of Time 69 was received. Since it is unclear if plaintiff intends to respond to the motions, final extension for response to both the Motion for Summary Judgment 48 and Motion to Stay Discovery 55 is granted to 2/1/2013. If no response is received to the motions by 2/1/2013, the motions will be taken under advisement. Ordered by Judge Marco A. Hernandez. Copy of this order mailed to plaintiff. (mr) (Entered: 01/02/2013)

Mail Returned - Undeliverable: Order 71 sent to Jacob Barrett returned as undeliverable. (gw) (Entered: 01/14/2013)

OPINION & ORDER: Defendants' motion for summary judgment 48 is GRANTED, and defendants' motion for stay of discovery 55 is DENIED as moot. See 12-page opinion & order attached. Signed on 2/22/2013 by Judge Marco A. Hernandez. (mr) (Entered: 02/25/2013)

Clerk's Notice of Mailing to Plaintiff Jacob Barrett regarding Opinion & Order 73 . (mr) (Entered: 02/25/2013)

JUDGMENT: IT IS ORDERED AND ADJUDGED that this action is DISMISSED. Pending motions, if any, are DENIED AS MOOT. Signed on 2/25/2013 by Judge Marco A. Hernandez. Copy of judgment mailed to plaintiff. (mr) (Entered: 02/25/2013)

Motion to Reopen Case, Motion for Reconsideration of Judgment (# 75 ), and Motion for Extension of Time. Filed by Jacob Barrett. (eo) (Entered: 03/26/2013)

Response to Motion to Reopen CaseMotion for Reconsideration of Judgment 75 Motion for Extension of Time 76 . Filed by Michelle Whitney Dodson, Jeff Premo, Janna Russell, Max Williams. (Vincent, Shannon) (Entered: 04/08/2013)

Notice of Change of Address. Filed by Jacob Barrett. (ljb) (Entered: 05/10/2013)

Reply to Motion 76 . Filed by Jacob Barrett. (Attachment: # 1 Attachment No. 1) (gw) (Entered: 05/10/2013)

Notice re Reply to Motion 79 . Filed by Jacob Barrett. (Related document: Reply to Motion 79 .) (gw) (Entered: 05/10/2013)

Response, titled "Plaintiffs Reply to Defendants Motion for Summary Judgment." Filed by Jacob Barrett. (Related document: Motion for Summary Judgment 48 .) (gw) (Entered: 05/24/2013)

Memorandum in Support. Filed by Jacob Barrett. (Related document: Response 81 .) (gw) (Entered: 05/24/2013)

"Statement of Undisputed Facts" re Response 81 and Memorandum in Support 82 . Filed by Jacob Barrett. (gw) (Entered: 05/24/2013)

Affidavit of Jacob Barrett. Filed by Jacob Barrett. (gw) (Attachment added on 5/24/2013: # 1 Attachments) (gw). (Entered: 05/24/2013)

Affidavit of Chris Weedmark. Filed by Jacob Barrett. (gw) (Entered: 05/24/2013)

Notice re Response 81, Memorandum in Support 82, Concise Statement 83, Affidavit 84 and Affidavit 85 . Filed by Jacob Barrett. (Related documents: Response 81, Memorandum in Support 82, Concise Statement 83, Affidavit 84, Affidavit 85 .) (gw) (Entered: 05/24/2013)

OPINION & ORDER: Plaintiff's motion 76 is GRANTED. The Clerk is ordered to reopen the case. See 5-page opinion & order attached. Signed on 5/27/2013 by Judge Marco A. Hernandez. Copy of opinion & order mailed to plaintiff. (mr) (Entered: 05/30/2013)

ORDER: Based upon the Opinion & Order 87 issued 5/30/2013, the court orders the following action: The Opinion & Order 73 and the Judgment 75 are hereby VACATED. Defendants' Motion for Summary Judgment 48 and defendants' Motion for Stay of Discovery 55 are RE-OPENED. Plaintiff's Response 81 to the Motion for Summary Judgment 48, as well as his supporting documentation to the response, filed 5/22/2013, are deemed timely. Defendants' reply, if any, to the Motion for Summary Judgment is due by 6/14/2013. Plaintiff's response to the Motion for Stay of Discovery 55 is due by 6/17/2013. Ordered by Judge Marco A. Hernandez. Copy of this order mailed to plaintiff. (mr) (Entered: 05/30/2013)

Response to Motion for Stay Discovery 55 . Filed by Jacob Barrett. (ljb) (Entered: 06/10/2013)

Motion to Dismiss Defendant Williams and Substitute Defendant Colette Peters. Filed by Jacob Barrett. (ljb) (Entered: 06/10/2013)

Motion for Settlement Hearing. Filed by Jacob Barrett. (ljb) (Entered: 06/10/2013)

Motion for Supplemental Complaint (with supplemental complaint and certificate of service included). Filed by Jacob Barrett. (ljb) (Entered: 06/10/2013)

Reply (in support of) to Motion for Summary Judgment 48 . Filed by Michelle Whitney Dodson, Jeff Premo, Janna Russell, Max Williams. (Vincent, Shannon) (Entered: 06/14/2013)

Motion for Extension of Time . Filed by Michelle Whitney Dodson, Jeff Premo, Janna Russell, Max Williams. (Vincent, Shannon) (Entered: 06/21/2013)

Declaration of Shannon Vincent . Filed by Michelle Whitney Dodson, Jeff Premo, Janna Russell, Max Williams. (Related document(s): Motion for Extension of Time 94 .) (Vincent, Shannon) (Entered: 06/21/2013)

ORDER: Granting Defendants' Motion for Extension of Time 94 . Responses to motions 90, 91, and 92 are due by 7/18/2013. Ordered by Judge Marco A. Hernandez. Copy of this order mailed to plaintiff. (mr) (Entered: 06/26/2013)

Response in Opposition to Motion to Supplement 92 . Filed by Michelle Whitney Dodson, Jeff Premo, Janna Russell, Max Williams. (Vincent, Shannon) (Entered: 07/18/2013)

Response in Opposition to Motion for Hearing 91, Motion for Summary Judgment 48 . Filed by Michelle Whitney Dodson, Jeff Premo, Janna Russell, Max Williams. (Vincent, Shannon) (Entered: 07/18/2013)

Reply in Support of Defendants' Motion to Stay Discovery. Filed by Michelle Whitney Dodson, Jeff Premo, Janna Russell, Max Williams. (Related document(s): Order on motion for extension of time to file Response/Reply, 60 .) (Vincent, Shannon) (Entered: 07/18/2013)

Response in Opposition to Motion to Dismiss 90 . Filed by Michelle Whitney Dodson, Jeff Premo, Janna Russell, Max Williams. (Vincent, Shannon) (Entered: 07/18/2013)