Case: Hanna v. Peters

Complaint. (NO IFP Filed, NO Filing Fee Paid) Jury Trial Requested: Yes. Filed by Aaron M. Hanna against All Defendants. **PRINT NEF ONLY**(Aaron Hanna, Prisoner ID: 7632447) (joha) (Entered: 04/01/2021)

Notice of Case Assignment: This case is assigned to Magistrate Judge Youlee Yim You. **3 PAGE(S), PRINT ALL**(Aaron Hanna, Prisoner ID: 7632447) (joha) (Entered: 04/01/2021)

Notice of Case Reassignment: This case has been reassigned from Magistrate Judge Youlee Yim You to Magistrate Judge Stacie F. Beckerman. **1 PAGE(S), PRINT ALL**(Aaron Hanna, Prisoner ID: 7632447) (sss) (Entered: 04/08/2021)

Case Reassignment Notice - FORM EVENT

NOTICE REGARDING FILING FEE: Pursuant to LR 3-4(a), advance payment of all required fees or the filing of an application to proceed in forma pauperis (attached) must occur before the Clerk's Office can provide any services covered under the Schedule of Fees adopted by the Judicial Conference of the United States. Accordingly, you must either pay the appropriate filing fee in this case or file an application to proceed in forma pauperis by 5/13/2021. **PRINT NEF and 5 PAGE(S)** (Aaron Hanna, Prisoner ID: 7632447) (gw) Corrected Print Instructions and Regenerated NEF on 4/14/2021 (joha). (joha). (Entered: 04/13/2021)

Notice Regarding Filing Fee

Application for Leave to Proceed IFP. Filed by Aaron M. Hanna.**PRINT NEF ONLY**(Aaron Hanna, Prisoner ID: 7632447) (joha) (Entered: 04/28/2021)

ORDER TO PROCEED IN FORMA PAUPERIS: The Court GRANTS Hanna's Application to Proceed In Forma Pauperis (ECF No. 5 ). ODOC shall collect from Hanna's trust account an initial partial filing fee in the amount of $70.19 and forward the funds to the Clerk of Court. ODOC shall collect the balance of the filing fee and forward the funds to the Clerk of Court, in accordance with the formula set forth above, until a total of $350.00 has been collected and forwarded. Signed on 4/29/2021 by Magistrate Judge Stacie F. Beckerman. **2 PAGES, PRINT ALL**(Aaron Hanna, Prisoner ID: 7632447) (gw) (Entered: 04/29/2021)

Clerk's Notice of Mailing to Oregon Department of Corrections Central Trust Unit of Order to Proceed In Forma Pauperis 6 . **PRINT NEF ONLY**(Aaron Hanna, Prisoner ID: 7632447) (gw) (Entered: 04/29/2021)

Notice of Lawsuit and Request for Waiver of Service of Summons. Waiver of Service is due by 6/1/2021. (Attachment: # 1 Complaint) **26 PAGES, PRINT ALL**(Aaron Hanna, Prisoner ID: 7632447) (gw) (Entered: 04/29/2021)

Clerk's Notice via e-mail to Trial Case Requests and Assistant Oregon Attorney General Andrew Hallman of Notice of Lawsuit and Request for Waiver of Service of Summons 8 and Complaint 1 . **PRINT NEF ONLY** (Aaron Hanna, Prisoner ID: 7632447) (gw) (Entered: 04/29/2021)

Clerks Notice of Mailing

Motion for Appointment of Counsel. Filed by Aaron M. Hanna.**PRINT NEF ONLY**(Aaron Hanna, Prisoner ID: 7632447) (joha) (Entered: 05/11/2021)

Proposed Summons. Filed by Aaron M. Hanna.**PRINT NEF ONLY**(Aaron Hanna, Prisoner ID: 7632447) (joha) (Entered: 05/11/2021)

ORDER: The Court denies Hanna's motion for appointment of counsel (ECF No. 10 ). A district court has discretion to request volunteer counsel for indigent plaintiffs in exceptional circumstances. See Wood v. Housewright, 900 F.2d 1332, 1335 (9th Cir. 1990). "A finding of the exceptional circumstances... requires at least an evaluation of the likelihood of the plaintiff's success on the merits and an evaluation of the plaintiff's ability to articulate his claims 'in light of the complexity of the legal issues involved.' " Agyeman v. Corr. Corp. of Am., 390 F.3d 1101, 1103 (9th Cir. 2004) (citation omitted). Although it is unclear at this stage whether Hanna is likely to succeed on the merits of his claims, Hanna has demonstrated an ability to articulate his claims without the assistance of counsel. Accordingly, Hanna's case does not present exceptional circumstances warranting the appointment of counsel at this time. See, e.g., Camirand v. Jones, No. 2:19-cv-01829-YY, 2020 WL 1277693, at *3 (D. Or. Mar. 17, 2020) ("Because Plaintiff has not established extraordinary circumstances warranting the appointment of counsel at this juncture, the Court DENIES Plaintiff's three Motions for Appointment of Counsel[.]"). Ordered on 5/12/2021 by Magistrate Judge Stacie F. Beckerman. **PRINT NEF ONLY**(Aaron Hanna, Prisoner ID: 7632447) (gw) (Entered: 05/12/2021)

Order on Motion for Appointment of Counsel

NOTICE BY THE CLERK: Currently there is not full consent to proceed before a U.S. Magistrate Judge in this case. If any non-consenting party would like to consent to proceed before Magistrate Judge Beckerman, the consent form may be found attached to this notice. It may be filed electronically by using the Consent event under Other Filings/Consent in the Civil menu or delivered to the Clerk's Office. The parties are free to withhold consent without adverse substantive consequences. **1 PAGE, PRINT ALL** (Aaron Hanna, Prisoner ID: 7632447) (gw) (Entered: 05/24/2021)

Individual Party Consent to Jurisdiction by U.S. Magistrate Judge. **PRINT NEF ONLY. The Court will e-mail a PDF of the Consent to Jurisdiction by a Magistrate Judge form filed in this case to the prison for delivery to the inmate litigant.**(Aaron Hanna, Prisoner ID: 7632447) (joha) (Entered: 05/26/2021)

Clerk's Notice of Emailing to Aaron Hanna, Prisoner ID: 7632447 regarding Consent to Jurisdiction by U.S. Magistrate Judge, 14 . **PRINT NEF ONLY**(Aaron Hanna, Prisoner ID: 7632447) (joha) (Entered: 05/26/2021)

Clerks Notice of Mailing

Waiver of Service of Summons Returned Executed by All Defendants. Filed by All Defendants.**3 PAGE(S), PRINT ALL**(Aaron Hanna, Prisoner ID: 7632447) (White, Tracy) (Entered: 06/01/2021)

Notice of Association of Attorney Tracy Ickes White,Andrew D. Hallman for Irving,Andrew D. Hallman for Davis,Andrew D. Hallman for Colette Peters,Andrew D. Hallman for Plourd,Andrew D. Hallman for Carrillo,Andrew D. Hallman for H. Cochell,Andrew D. Hallman for Tyler Blewett,Andrew D. Hallman for Nielsen,Andrew D. Hallman for Robinson. Filed by All Defendants.**3 PAGE(S), PRINT ALL**(Aaron Hanna, Prisoner ID: 7632447) (White, Tracy) (Entered: 06/01/2021)

Individual Party Consent to Jurisdiction by U.S. Magistrate Judge. **PRINT NEF ONLY. The Court will e-mail a PDF of the Consent to Jurisdiction by a Magistrate Judge form filed in this case to the prison for delivery to the inmate litigant.**(Aaron Hanna, Prisoner ID: 7632447) (Entered: 06/01/2021)

Full Consent by all Parties to Jurisdiction by US Magistrate Judge. **3 PAGE(S), PRINT ALL**(Aaron Hanna, Prisoner ID: 7632447) (joha) (Entered: 06/01/2021)

Partial Filing Fee in amount of $10.63 collected; Receipt No. 93593 issued. **PRINT NEF ONLY**(Aaron Hanna, Prisoner ID: 7632447) (ljp)

Partial Filing Fee in amount of $16.00 collected; Receipt No. 93594 issued. **PRINT NEF ONLY**(Aaron Hanna, Prisoner ID: 7632447) (ljp)

Partial Filing Fee in amount of $59.56 collected; Receipt No. 93592 issued. **PRINT NEF ONLY**(Aaron Hanna, Prisoner ID: 7632447) (ljp)

Filing Fee Received

Filing Fee Received

Notice of Attorney Withdrawal: Andrew Hallman Filed by All Defendants.**3 PAGE(S), PRINT ALL**(Aaron Hanna, Prisoner ID: 7632447) (White, Tracy) (Entered: 06/21/2021)

Motion for Stay Pending Resolution of Motion for Class Certification. Filed by All Defendants.**6 PAGE(S), PRINT ALL**(Aaron Hanna, Prisoner ID: 7632447) (White, Tracy) (Entered: 06/22/2021)

Partial Filing Fee in amount of $24.56 collected; Receipt No. 94123 issued. **PRINT NEF ONLY**(Aaron Hanna, Prisoner ID: 7632447) (ljp)

Filing Fee Received

Filing Fee Received

OPINION AND ORDER. For the reasons stated, the Court GRANTS Defendants' motion to stay (ECF No. 21 ), and STAYS this action pending resolution of class certification in the Maney case. IT IS SO ORDERED. Signed on 7/28/2021 by Magistrate Judge Stacie F. Beckerman. **5 PAGES, PRINT ALL** (Aaron Hanna, Prisoner ID: 7632447) (gw) (Entered: 07/28/2021)

Declaration of Evidence by Aaron Hanna. Filed by Aaron M. Hanna. **PRINT NEF ONLY**(Aaron Hanna, Prisoner ID: 7632447) (dsg) Modified on 8/2/2021 (dsg). (Entered: 08/02/2021)

Partial Filing Fee in amount of $1.54 collected; Receipt No. 94867 issued. **PRINT NEF ONLY**(Aaron Hanna, Prisoner ID: 7632447) (fp)

Filing Fee Received

Filing Fee Received

Motion for Preliminary Injunctive Relief. Filed by Aaron M. Hanna. **PRINT NEF ONLY** (Aaron Hanna, Prisoner ID: 7632447) (joha) (Entered: 10/14/2021)

ORDER lifting stay to resolve Plaintiff's Motion for Preliminary Injunction (ECF No. 24 ). Defendants' response is due by October 29, 2021. Plaintiff's optional reply is due by November 12, 2021. **PRINT NEF ONLY**(Aaron Hanna, Prisoner ID: 7632447) (dsg) (Entered: 10/15/2021)

Order Lifting Stay

Supplement for Order for Preliminary Injunctive Relief. Filed by Aaron M. Hanna. **PRINT NEF ONLY** (Aaron Hanna, Prisoner ID: 7632447) (joha) (Entered: 10/20/2021)

Partial Filing Fee in amount of $3.86 collected; Receipt No. 95418 issued. **PRINT NEF ONLY**(Aaron Hanna, Prisoner ID: 7632447) (fp)

Filing Fee Received

Motion for Extension of Time to File a Response/Reply to Motion for Preliminary Injunction 24 . Filed by All Defendants.**3 PAGE(S), PRINT ALL**(Aaron Hanna, Prisoner ID: 7632447) (White, Tracy) (Entered: 10/29/2021)

ORDER: Granting Motion for Extension of Time to File Response/Reply. Deadline for State Defendants to file a Response to Motion for Preliminary Injunction 24 is extended to 11/3/2021. Ordered by Magistrate Judge Stacie F. Beckerman. **PRINT NEF ONLY**(Aaron Hanna, Prisoner ID: 7632447) (pjg) (Entered: 10/29/2021)

Filing Fee Received

Order on Motion for Extension of Time to File Response/Reply to Motion

Motion for Extension of Time . Filed by Tyler Blewett, Carrillo, H. Cochell, Davis, Irving, Nielsen, Colette Peters, Plourd, Robinson.**3 PAGE(S), PRINT ALL**(Aaron Hanna, Prisoner ID: 7632447) (White, Tracy) (Entered: 11/03/2021)

ORDER: Granting State Defendants' Second Motion for Extension of Time (ECF No. 29 ). State Defendants' Response to Plaintiff's Motion for Preliminary Injunction (ECF No. 24 ) is extended to 11/4/2021. Ordered by Magistrate Judge Stacie F. Beckerman. **PRINT NEF ONLY**(Aaron Hanna, Prisoner ID: 7632447) (gw) (Entered: 11/03/2021)

Response to Motion for Preliminary Injunction 24 . Filed by All Defendants.**15 PAGE(S), PRINT ALL**(Aaron Hanna, Prisoner ID: 7632447) (White, Tracy) (Entered: 11/04/2021)

Order on Motion for Extension of Time

Motion for Extension of Time to File a Response to Motion for Preliminary Injunction 24 . Filed by Aaron M. Hanna.**PRINT NEF ONLY**(Aaron Hanna, Prisoner ID: 7632447) (joha) (Entered: 11/10/2021)

ORDER: Granting Plaintiff's Motion for Extension of Time (ECF No. 32 ). Plaintiff's Reply in support of his Motion for Preliminary Injunction (ECF No. 24 ) is due by 12/20/2021. Further, Defendants shall send paper copies of the items Plaintiff requests in his motion by 11/19/2021. Ordered by Magistrate Judge Stacie F. Beckerman. **PRINT NEF ONLY**(Aaron Hanna, Prisoner ID: 7632447) (gw) (Entered: 11/10/2021)

Order on Motion for Extension of Time to File Response/Reply to Motion

Filing Fee Received

Partial Filing Fee in amount of $10.12 collected; Receipt No. 95732 issued. **PRINT NEF ONLY**(Aaron Hanna, Prisoner ID: 7632447) (ljp)

Motion for Imposition of Sanctions. Filed by Aaron M. Hanna.**PRINT NEF ONLY**(Aaron Hanna, Prisoner ID: 7632447) (dsg) (Entered: 11/22/2021)

Motion for Sanctions. Filed by Aaron M. Hanna.**PRINT NEF ONLY**(Aaron Hanna, Prisoner ID: 7632447) (joha) (Entered: 11/22/2021)

Response to Motion for Imposition of Sanctions 34 . Filed by All Defendants.**3 PAGE(S), PRINT ALL**(Aaron Hanna, Prisoner ID: 7632447) (White, Tracy) (Entered: 11/24/2021)

Declaration of Tracy Ickes White in Support of Defendants' Response to Plaintiff's Motion for Sanctions. Filed by All Defendants. (Related document(s): Response to Motion 36 .)**5 PAGE(S), PRINT ALL**(Aaron Hanna, Prisoner ID: 7632447) (White, Tracy) (Entered: 11/24/2021)

ORDER: Finding as Moot Plaintiff's Motion for Imposition of Sanctions (ECF No. 34 ) and Plaintiff's Motion for Sanctions (ECF No. 35 ), in light of Plaintiff's acknowledgment of receipt of the relevant documents. Ordered by Magistrate Judge Stacie F. Beckerman. **PRINT NEF ONLY**(Aaron Hanna, Prisoner ID: 7632447) (gw) (Entered: 11/29/2021)

Order on Motion for Imposition of Sanctions AND Order on Motion for Imposition of Sanctions

Corporate Disclosure Statement. Filed by Aaron M. Hanna. **PRINT NEF ONLY** (Aaron Hanna, Prisoner ID: 7632447) (joha) (Entered: 12/02/2021)

Motion for Leave to Conduct Limited Discovery. Filed by Aaron M. Hanna. **PRINT NEF ONLY** (Aaron Hanna, Prisoner ID: 7632447) (joha) (Entered: 12/02/2021)

Motion for Judicial Notice. Filed by Aaron M. Hanna. **PRINT NEF ONLY** (Aaron Hanna, Prisoner ID: 7632447) (joha) (Entered: 12/02/2021)

Motion to Compel. Filed by Aaron M. Hanna. **PRINT NEF ONLY** (Aaron Hanna, Prisoner ID: 7632447) (joha) (Entered: 12/13/2021)

Partial Filing Fee in amount of $3.48 collected; Receipt No. 96092 issued. **PRINT NEF ONLY**(Aaron Hanna, Prisoner ID: 7632447) (fp)

Filing Fee Received

Response to Motion for Discovery and/or Inspection 40 . Filed by All Defendants.**4 PAGE(S), PRINT ALL**(Aaron Hanna, Prisoner ID: 7632447) (White, Tracy) (Entered: 12/16/2021)

Filing Fee Received

ORDER: Taking Under Advisement as of 12/17/2021 Plaintiff's Motion for Leave to Conduct Limited Discovery (ECF No. 40 ), Plaintiff's Request for Judicial Notice (ECF No. 41 ), and Plaintiff's Motion to Compel (ECF No. 42 ). Ordered by Magistrate Judge Stacie F. Beckerman. **PRINT NEF ONLY** (Aaron Hanna, Prisoner ID: 7632447) (gw) (Entered: 12/17/2021)

ORDER: Denying Plaintiff's Motion for Leave to Conduct Limited Discovery (ECF No. 40 ) as Plaintiff has not demonstrated that the discovery he seeks would prove any material fact alleged in Plaintiff's pending Motion for Preliminary Injunction (ECF No. 24 ). Denying Plaintiff's Motion for Judicial Notice (ECF No. 41 ) as the "opportunity to be heard" required under FRE 201(e) is satisfied by Plaintiff's ability to file a Reply to Defendants' Response to Plaintiff's Motion for Preliminary Injunction (ECF No. 31 ). See Pac. Harbor Capital, Inc. v. Carnival Air Lines, Inc., 210 F.3d 1112, 1118 (9th Cir. 2000) (procedural due process requirement of "an opportunity to be heard" is satisfied by an "opportunity to brief the issue fully" and does not require a hearing). Finding as Moot Plaintiff's Motion to Compel (ECF No. 42 ), in light of Defendants' Response to Motion for Discovery and/or Inspection (ECF No. 43 ). Ordered by Magistrate Judge Stacie F. Beckerman. **PRINT NEF ONLY**(Aaron Hanna, Prisoner ID: 7632447) (gw) (Entered: 12/17/2021)

9 - Taking Motion Under Advisement

Order on Motion for Discovery/Inspection

Reply to Motion for Preliminary Injunctive Relief 24 . Filed by Aaron M. Hanna. **PRINT NEF ONLY** (Aaron Hanna, Prisoner ID: 7632447) (joha) (Entered: 12/20/2021)

Declaration. Filed by Aaron M. Hanna. **PRINT NEF ONLY** (Aaron Hanna, Prisoner ID: 7632447) (joha) (Entered: 12/21/2021)

ORDER: Taking Plaintiff's Motion for Preliminary Injunctive Relief (ECF No. 24 ) under advisement as of 12/21/2021. Ordered by Magistrate Judge Stacie F. Beckerman. **PRINT NEF ONLY**(Aaron Hanna, Prisoner ID: 7632447) (gw) (Entered: 12/28/2021)

9 - Taking Motion Under Advisement

Declaration. Filed by Aaron M. Hanna. **PRINT NEF ONLY** (Aaron Hanna, Prisoner ID: 7632447) (joha) (Entered: 01/04/2022)

Declaration of Aaron M Hanna in Support for Plaintiff's Preliminary Injunction. Filed by Aaron M. Hanna. (Related document(s): Motion for Preliminary Injunction 24 .) **PRINT NEF ONLY** (Aaron Hanna, Prisoner ID: 7632447) (joha) (Entered: 02/03/2022)

ORDER: Defendants argue that the Court should not enter preliminary injunctive relief requiring Two Rivers Correctional Institution ("TRCI") correctional officers to wear masks because the Oregon Department of Corrections already mandates masks and enforces that rule with a progressive discipline policy, and therefore any Court order would be redundant (ECF No. 31 ). However, Defendants have not submitted any evidence to allow the Court to conclude that TRCI is enforcing the mask mandate by disciplining employees who violate the rule. Defendants shall submit evidence of any TRCI employees who have been disciplined for failing to comply with the COVID-19 mask mandate, including the name of the employee and the date and type of discipline. Defendants may file the evidence ex parte and under seal, by February 14, 2022. Ordered by Magistrate Judge Stacie F. Beckerman. **PRINT NEF ONLY**(Aaron Hanna, Prisoner ID: 7632447) (gw) (Entered: 02/07/2022)

Order

Partial Filing Fee in amount of $1.86 collected; Receipt No. 96762 issued. **PRINT NEF ONLY**(Aaron Hanna, Prisoner ID: 7632447) (ljp)

Filing Fee Received

Filing Fee Received

Motion for Appointment of Counsel. Filed by Aaron M. Hanna. **PRINT NEF ONLY** (Aaron Hanna, Prisoner ID: 7632447) (joha) (Entered: 02/10/2022)

Motion for Order titled "Plaintiff's Motion for Leave to Conduct limited Discovery in the Form of Interrogatories or Admissions in Aid of Plaintiff's Reply to Defendant's Answer for Preliminary Injunction". Filed by Aaron M. Hanna. **PRINT NEF ONLY** (Aaron Hanna, Prisoner ID: 7632447) (joha) (Entered: 02/10/2022)

Response to the Court's Order. Filed by All Defendants. (Related document(s): Order,,, 51 .)**1 PAGE(S), PRINT ALL**(Aaron Hanna, Prisoner ID: 7632447) (White, Tracy) (Entered: 02/14/2022)

Order Appointing Juan C. Chavez for Aaron M. Hanna as Pro Bono Counsel (Specific Purpose Appointment). If representation is accepted, counsel is to file the attached Notice of Completion of Pro Bono Appointment upon completion of the specific purpose of representing Plaintiff at a hearing on Plaintiff's motion for preliminary injunctive relief (ECF No. 24). Counsel is to file the attached response form if representation is accepted, if a conflict of interest exists, or if termination of the appointment is requested for a reason other than a conflict of interest by 3/1/2022. Signed on 2/15/2022 by Magistrate Judge Stacie F. Beckerman. **4 PAGES, PRINT ALL**(Aaron Hanna, Prisoner ID: 7632447) (gw) Modified on 2/15/2022 to correct the number of pages. (gw). (Entered: 02/15/2022)

Motion titled "Plaintiff's Motion for Court Appointed Expert Witness Under Federal Rules of Evidence, Rule 706". Filed by Aaron M. Hanna.**PRINT NEF ONLY**(Aaron Hanna, Prisoner ID: 7632447) (joha) (Entered: 02/16/2022)

Declaration of Evidence in Support of 42 U.S.C. 1983. Filed by Aaron M. Hanna. (Attachments: # 1 Plaintiff's First Request for Production of Documents, # 2 Plaintiff's Request for Admissions)**PRINT NEF ONLY**(Aaron Hanna, Prisoner ID: 7632447) (joha) (Entered: 02/16/2022)

Pro Bono Appointment Response. Representation is accepted as specified in the Order Appointing Pro Bono Counsel Juan C. Chavez. Filed by All Plaintiffs. (Related document(s): Order Appointing Pro Bono Counsel,,, 55 .)**1 PAGE(S), PRINT ALL**(Aaron Hanna, Prisoner ID: 7632447) (Chavez, Juan) (Entered: 02/18/2022)

SCHEDULING ORDER regarding Plaintiff's Motion for Preliminary Injunction (ECF No. 24 ). Oral Argument is set for Wednesday, 3/9/2022, at 09:30 AM in Portland by videoconference (Zoom) before Magistrate Judge Stacie F. Beckerman. The Court will distribute the Zoom information no later than 3/8/2022. Ordered by Magistrate Judge Stacie F. Beckerman. (gw) (Entered: 02/18/2022)

1 - Scheduling

Conference Call Access Information

SCHEDULING ORDER. Conference regarding upcoming hearing on Plaintiff's Motion for Preliminary Injunctive Relief (ECF No. 24 ) is set for Wednesday, 2/23/2022, at 01:30 PM in Portland by telephone before Magistrate Judge Stacie F. Beckerman. Conference call information to follow by separate sealed entry. Ordered by Magistrate Judge Stacie F. Beckerman. (gw) (Entered: 02/22/2022)

1 - Scheduling

MINUTES of Proceedings: Conference regarding Plaintiff's Motion for Preliminary Injunctive Relief (ECF No. 24 ) held by telephone before Magistrate Judge Stacie F. Beckerman on 2/23/2022. Defendants may file a supplemental response and declarations on or before 3/2/2022. Plaintiff may choose to file a supplemental reply. If the Court determines during oral argument on 3/9/2022 that an evidentiary hearing is necessary, that hearing will be scheduled for a later date. Juan C. Chavez present as counsel for plaintiff. Tracy Ickes White present as counsel for defendants. Court Reporter: Bonita Shumway, (503) 326-8188. Magistrate Judge Stacie F. Beckerman presiding. (gw) (Entered: 02/23/2022)