Case: Barrett v. Premo

6:11-cv-06358 | U.S. District Court for the District of Oregon

Filed Date: Nov. 10, 2011

Clearinghouse coding complete

Case Summary

On November 10, 2011, an Oregon Department of Corrections inmate filed this lawsuit under 42 U.S.C. § 1983. The plaintiff, proceeding without a lawyer, alleged that the defendant, Oregon Department of Corrections (ODOC), violated his free speech and due process rights, and his Eighth Amendment right to be free of cruel and unusual punishment, as well as the Oregon Constitution. The case arose when ODOC rejected and returned a letter that the plaintiff sent to another inmate at Oregon State Peni…

On November 10, 2011, an Oregon Department of Corrections inmate filed this lawsuit under 42 U.S.C. § 1983. The plaintiff, proceeding without a lawyer, alleged that the defendant, Oregon Department of Corrections (ODOC), violated his free speech and due process rights, and his Eighth Amendment right to be free of cruel and unusual punishment, as well as the Oregon Constitution. The case arose when ODOC rejected and returned a letter that the plaintiff sent to another inmate at Oregon State Penitentiary because of a picture the plaintiff had drawn on the front of the envelope. The plaintiff sought declaratory and injunctive relief as well as monetary damages.

The case was filed in the U.S. District Court for the District of Oregon, and assigned to District Judge Marco A. Hernandez. On January 2, 2012, Judge Hernandez denied the plaintiff's motion for a preliminary injunction and temporary restraining order. Barrett v. Williams, 2012 WL 10897 (D.Or. 2012)

On August 27, 2012, the State filed a motion for summary judgment. The plaintiff did not respond and on February 22, 2013, the District Court dismissed the case. Barrett v. Williams, 2013 WL 686966 (D.Or. 2013). On March 23, 2013, the plaintiff sought reconsideration; he explained that he had missed the prior deadline because he was being transferred from New Mexico Department of Corrections to Florida Department of Corrections on the filing date and could not access to his legal documents during the transfer.

On May 27, 2013, the Court granted the plaintiff's motion for reconsideration and re-opened the defendants' motion for summary judgment.

On November 14, 2013, the District Court denied summary judgment in part and granted it in part. The Court held that plaintiff's due process rights were not violated because the plaintiff was provided notice and a right to appeal. The Court also held that the defendants' rejection of the plaintiff's letter was not in retaliation for exercising his First Amendment rights, and denied the plaintiff's claim for damages. However, the District Court allowed the rest of plaintiff's free speech claim, addressing the regulation going forward, to proceed. Barrett v. Williams, 2013 WL 6055247, (D.Or. 2013)

On December 2, 2013, the plaintiff sought reconsideration from the Court's November 13, 2013, ruling, which denied him damages. On December 16, 2013, the plaintiff filed a motion for appointment of counsel. On February 26, 2014, the Court granted the plaintiff's motion for appointment of counsel but denied his motion for reconsideration from the Court's November 13, 2013, ruling. Specifically, the Court held that the Defendants were entitled to qualified immunity for money damages because the rights the plaintiff asserted were not clearly established. Barrett v. Williams, 2014 WL 795801, (D.Or. 2014)

Following a February 19, 2015, one-day trial, on March 30, 2015 the District Court issued Findings of Facts and Conclusions of Law. The Court held that the defendants' incoming mail policy of blocking a form of expression--artwork on an envelope-- violated inmates' and their correspondents' First Amendment rights. Barrett v. Premo, 2015 WL 1477902 (D.Or. 2015). On May 14, 2015, the Court enjoined the State from enforcing a blanket ban on artwork on the front of envelopes coming into its prisons. The Court also awarded the plaintiff reasonable attorney fees. The case is now closed.

Summary Authors

Beth Richardson (7/8/2015)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4365688/parties/barrett-v-peters/


Judge(s)

Hernandez, Marco Antonio (Oregon)

Attorneys(s) for Plaintiff

Kotori, Blerina (Oregon)

Martson, William (Oregon)

Sexton, Troy Garrett (Oregon)

Attorneys(s) for Defendant

Kamins, Jacqueline Sadker (Oregon)

Vincent, Shannon M. (Oregon)

Winges-Yanez, Kristin A. (Oregon)

Judge(s)

Hernandez, Marco Antonio (Oregon)

Attorneys(s) for Plaintiff

Kotori, Blerina (Oregon)

Martson, William (Oregon)

Sexton, Troy Garrett (Oregon)

Attorneys(s) for Defendant

Kamins, Jacqueline Sadker (Oregon)

Vincent, Shannon M. (Oregon)

Winges-Yanez, Kristin A. (Oregon)

Documents in the Clearinghouse

Document

6:11-cv-06358

Docket

June 9, 2015

June 9, 2015

Docket
2

6:11-cv-06358

Civil Complaint

Nov. 10, 2011

Nov. 10, 2011

Complaint
11

6:11-cv-06358

Order

2012 WL 10897

Jan. 2, 2012

Jan. 2, 2012

Order/Opinion
29

6:11-cv-06358

Second Amended Complaint

June 5, 2012

June 5, 2012

Complaint
73

6:11-cv-06358

Opinion and Order

2013 WL 686966

Feb. 22, 2013

Feb. 22, 2013

Order/Opinion
103

6:11-cv-06358

[Opinion and Order]

2013 WL 6055247

Nov. 14, 2013

Nov. 14, 2013

Order/Opinion
108

6:11-cv-06358

[Opinion and Order]

2014 WL 795801

Feb. 26, 2014

Feb. 26, 2014

Order/Opinion
173

6:11-cv-06358

Findings of Fact and Conclusions of Law

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

March 30, 2015

March 30, 2015

Order/Opinion
176

6:11-cv-06358

Judgment

Barrett v. Peters

May 14, 2015

May 14, 2015

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4365688/barrett-v-peters/

Last updated Aug. 2, 2022, 3:19 a.m.

ECF Number Description Date Link Date / Link
1

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

Nov. 10, 2011

Nov. 10, 2011

PACER
2

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)

Nov. 10, 2011

Nov. 10, 2011

PACER
3

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

Nov. 10, 2011

Nov. 10, 2011

PACER
4

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)

Nov. 10, 2011

Nov. 10, 2011

PACER
5

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

Nov. 10, 2011

Nov. 10, 2011

PACER
6

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)

Nov. 10, 2011

Nov. 10, 2011

PACER
7

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)

Nov. 10, 2011

Nov. 10, 2011

PACER
8

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

Nov. 22, 2011

Nov. 22, 2011

PACER
9

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)

Jan. 2, 2012

Jan. 2, 2012

PACER
10

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)

Jan. 2, 2012

Jan. 2, 2012

PACER
11

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)

Jan. 2, 2012

Jan. 2, 2012

RECAP
12

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)

Jan. 2, 2012

Jan. 2, 2012

PACER
14

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)

Jan. 3, 2012

Jan. 3, 2012

PACER
13

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)

Jan. 5, 2012

Jan. 5, 2012

PACER
15

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)

Jan. 5, 2012

Jan. 5, 2012

PACER
16

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)

Feb. 6, 2012

Feb. 6, 2012

PACER
17

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)

Feb. 27, 2012

Feb. 27, 2012

PACER
18

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

View on PACER

Feb. 27, 2012

Feb. 27, 2012

RECAP
19

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)

March 1, 2012

March 1, 2012

PACER
20

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)

March 1, 2012

March 1, 2012

PACER
21

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)

April 4, 2012

April 4, 2012

PACER
22

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

April 16, 2012

April 16, 2012

PACER
23

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)

April 30, 2012

April 30, 2012

PACER
24

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)

May 9, 2012

May 9, 2012

PACER
25

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

May 11, 2012

May 11, 2012

PACER
26

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)

May 11, 2012

May 11, 2012

PACER
27

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)

May 23, 2012

May 23, 2012

PACER
28

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)

June 5, 2012

June 5, 2012

PACER
29

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)

June 5, 2012

June 5, 2012

PACER
30

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

June 15, 2012

June 15, 2012

PACER
31

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

July 2, 2012

July 2, 2012

PACER
32

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)

July 2, 2012

July 2, 2012

PACER
33

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)

July 3, 2012

July 3, 2012

PACER
34

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)

July 9, 2012

July 9, 2012

PACER
35

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

July 9, 2012

July 9, 2012

PACER
36

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

July 9, 2012

July 9, 2012

PACER
37

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)

July 18, 2012

July 18, 2012

PACER
38

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)

July 18, 2012

July 18, 2012

PACER
39

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)

July 18, 2012

July 18, 2012

PACER
40

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

July 26, 2012

July 26, 2012

PACER
41

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)

July 26, 2012

July 26, 2012

PACER
42

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)

Aug. 1, 2012

Aug. 1, 2012

PACER
43

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)

Aug. 7, 2012

Aug. 7, 2012

PACER
46

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)

Aug. 7, 2012

Aug. 7, 2012

PACER
44

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)

Aug. 22, 2012

Aug. 22, 2012

PACER
47

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

Aug. 22, 2012

Aug. 22, 2012

PACER
45

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

Aug. 22, 2012

Aug. 22, 2012

PACER
48

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)

Aug. 27, 2012

Aug. 27, 2012

PACER
49

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)

Aug. 27, 2012

Aug. 27, 2012

PACER
50

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)

Aug. 27, 2012

Aug. 27, 2012

PACER
51

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)

Aug. 27, 2012

Aug. 27, 2012

PACER
52

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)

Aug. 28, 2012

Aug. 28, 2012

PACER
53

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

Aug. 28, 2012

Aug. 28, 2012

PACER
54

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)

Aug. 28, 2012

Aug. 28, 2012

PACER
55

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)

Aug. 28, 2012

Aug. 28, 2012

PACER
56

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)

Sept. 4, 2012

Sept. 4, 2012

PACER
57

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

Sept. 5, 2012

Sept. 5, 2012

PACER
58

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

Sept. 5, 2012

Sept. 5, 2012

PACER
59

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)

Sept. 6, 2012

Sept. 6, 2012

PACER
60

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)

Sept. 17, 2012

Sept. 17, 2012

PACER
61

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

Sept. 24, 2012

Sept. 24, 2012

PACER
62

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)

Sept. 24, 2012

Sept. 24, 2012

PACER
63

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)

Sept. 25, 2012

Sept. 25, 2012

PACER
64

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

Oct. 9, 2012

Oct. 9, 2012

PACER
65

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)

Oct. 29, 2012

Oct. 29, 2012

PACER
66

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

Oct. 29, 2012

Oct. 29, 2012

PACER
67

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

Nov. 1, 2012

Nov. 1, 2012

PACER
68

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)

Nov. 19, 2012

Nov. 19, 2012

PACER
69

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

Nov. 19, 2012

Nov. 19, 2012

PACER
70

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)

Dec. 6, 2012

Dec. 6, 2012

PACER
71

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)

Jan. 2, 2013

Jan. 2, 2013

PACER
72

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

Jan. 10, 2013

Jan. 10, 2013

PACER
73

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)

Feb. 22, 2013

Feb. 22, 2013

RECAP
74

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

Feb. 25, 2013

Feb. 25, 2013

PACER
75

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)

Feb. 25, 2013

Feb. 25, 2013

PACER
76

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)

March 22, 2013

March 22, 2013

PACER
77

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)

April 8, 2013

April 8, 2013

PACER
78

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

May 8, 2013

May 8, 2013

PACER
79

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

May 10, 2013

May 10, 2013

PACER
80

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

May 10, 2013

May 10, 2013

PACER
81

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)

May 22, 2013

May 22, 2013

PACER
82

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

May 22, 2013

May 22, 2013

PACER
83

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

May 22, 2013

May 22, 2013

PACER
84

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

May 22, 2013

May 22, 2013

PACER
85

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

May 22, 2013

May 22, 2013

PACER
86

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)

May 22, 2013

May 22, 2013

PACER
87

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)

May 27, 2013

May 27, 2013

RECAP
88

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)

May 30, 2013

May 30, 2013

PACER
89

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

June 10, 2013

June 10, 2013

PACER
90

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

June 10, 2013

June 10, 2013

PACER
91

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

June 10, 2013

June 10, 2013

PACER
92

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

June 10, 2013

June 10, 2013

PACER
93

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)

June 14, 2013

June 14, 2013

PACER
94

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

June 21, 2013

June 21, 2013

PACER
95

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)

June 21, 2013

June 21, 2013

PACER
96

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)

June 26, 2013

June 26, 2013

PACER
97

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)

July 18, 2013

July 18, 2013

PACER
98

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)

July 18, 2013

July 18, 2013

PACER
99

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)

July 18, 2013

July 18, 2013

PACER
100

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)

July 18, 2013

July 18, 2013

PACER

Case Details

State / Territory: Oregon

Case Type(s):

Prison Conditions

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Nov. 10, 2011

Case Ongoing: No

Plaintiffs

Plaintiff Description:

A prisoner of the Oregon Department of Corrections, housed in the New Mexico Corrections Department pursuant to the Interstate Corrections Compact.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: Yes

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Oregon Department of Justice (Salem, Marion), State

Defendant Type(s):

Jurisdiction-wide

Corrections

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

Declaratory Judgment Act, 28 U.S.C. § 2201

Constitutional Clause(s):

Freedom of speech/association

Due Process

Cruel and Unusual Punishment

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Non-settlement Outcome

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Declaratory Judgment

Source of Relief:

Litigation

Order Duration: 2015 - None

Content of Injunction:

Discrimination Prohibition

Preliminary relief denied

Issues

General:

Mail

Type of Facility:

Government-run