Case: Hanna v. Peters

2:21-cv-00493 | U.S. District Court for the District of Oregon

Filed Date: April 1, 2021

Case Ongoing

Clearinghouse coding complete

Case Summary

On April 1, 2021, a pro se, incarcerated individual filed this action in the U.S. District Court for the District of Oregon against several Oregon Department of Corrections ("ODOC") officials, including the director, superintendent, and several corrections officers in their individual and official capacities. Suing under 42 U.S.C. § 1983, the plaintiff alleged violations of his Eighth Amendment rights due to the defendants failing consistently to comply with and enforce ODOC's mask mandate at T…

On April 1, 2021, a pro se, incarcerated individual filed this action in the U.S. District Court for the District of Oregon against several Oregon Department of Corrections ("ODOC") officials, including the director, superintendent, and several corrections officers in their individual and official capacities. Suing under 42 U.S.C. § 1983, the plaintiff alleged violations of his Eighth Amendment rights due to the defendants failing consistently to comply with and enforce ODOC's mask mandate at Two Rivers Correctional Institution ("TRCI"). The complaint requested a declaratory judgment, as well as a preliminary and permanent injunction ordering disciplinary actions against the correctional officer defendants, an injunction ordering the Umatilla County District Attorney to open a criminal investigation into the defendants' actions, and compensatory damages. The case was assigned to Magistrate Judge Youlee Yim You, but was quickly reassigned to Magistrate Judge Stacie F. Beckerman.

The plaintiff filed a motion for the appointment of counsel, which the court denied on May 12, 2021, finding that the plaintiff had demonstrated an ability to articulate his claims without the assistance of counsel. 

On June 22, the defendants filed a motion to stay the action pending class certification in Maney v. Brown. The court granted the motion on July 28 and stayed the case pending resolution of the class certification in Maney, stating that a stay would conserve judicial resources by avoiding duplicative litigation and would not unduly prejudice the plaintiff. 2021 WL 3200980.

On October 14, the plaintiff filed a motion for preliminary injunction, with the assistance of a pro bono attorney, stating that the defendants had failed to consistently comply with and enforce ODOC's. The next day, the court lifted the stay to resolve the preliminary injunction.

Following some discovery disputes, the court granted the preliminary injunction in part, ordering defendants to enforce the mask policy at TRCI on March 21, 2022. 2022 WL 833165. The court entered an addendum on March 30, stating that the preliminary injunction did not modify TRCI's mask policy for individuals in custody but only to TRCI's staff; furthermore, the court ordered that no TRCI employee could retaliate against the plaintiff for seeking the preliminary injunction.

The case remains ongoing.

Summary Authors

Caitlin Kierum (4/2/2022)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/59788456/parties/hanna-v-peters/


Judge(s)

Beckerman, Stacie F. (Oregon)

Attorney for Plaintiff

Chavez, Juan C. (Oregon)

Attorney for Defendant

Hallman, Andrew D. (Oregon)

Riemersma, Nathan (Oregon)

White, Tracy Ickes (Oregon)

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Documents in the Clearinghouse

Document
1

2:21-cv-00493

Complaint

April 1, 2021

April 1, 2021

Complaint
22

2:21-cv-00493

Opinion and Order

July 28, 2021

July 28, 2021

Order/Opinion

2021 WL 2021

87

2:21-cv-00493

Opinion and Order

March 21, 2022

March 21, 2022

Order/Opinion

2022 WL 2022

95

2:21-cv-00493

Preliminary Injunction Addendum

March 30, 2022

March 30, 2022

Order/Opinion

2022 WL 2022

Docket

See docket on RECAP: https://www.courtlistener.com/docket/59788456/hanna-v-peters/

Last updated March 6, 2024, 3:05 a.m.

ECF Number Description Date Link Date / Link
1

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)

April 1, 2021

April 1, 2021

Clearinghouse
2

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)

April 1, 2021

April 1, 2021

PACER
3

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)

April 8, 2021

April 8, 2021

PACER

Case Reassignment Notice - FORM EVENT

April 8, 2021

April 8, 2021

PACER
4

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)

April 13, 2021

April 13, 2021

PACER

Notice Regarding Filing Fee

April 13, 2021

April 13, 2021

PACER
5

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

April 28, 2021

April 28, 2021

PACER
6

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)

April 29, 2021

April 29, 2021

PACER
7

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)

April 29, 2021

April 29, 2021

PACER
8

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)

April 29, 2021

April 29, 2021

PACER
9

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)

April 29, 2021

April 29, 2021

PACER

Clerks Notice of Mailing

April 29, 2021

April 29, 2021

PACER
10

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

May 11, 2021

May 11, 2021

PACER
11

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

May 11, 2021

May 11, 2021

PACER
12

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)

May 12, 2021

May 12, 2021

PACER

Order on Motion for Appointment of Counsel

May 12, 2021

May 12, 2021

PACER
13

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)

May 24, 2021

May 24, 2021

PACER
14

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)

May 26, 2021

May 26, 2021

PACER
15

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)

May 26, 2021

May 26, 2021

PACER

Clerks Notice of Mailing

May 27, 2021

May 27, 2021

PACER
16

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)

June 1, 2021

June 1, 2021

PACER
17

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)

June 1, 2021

June 1, 2021

PACER
18

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)

June 1, 2021

June 1, 2021

PACER
19

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)

June 1, 2021

June 1, 2021

PACER

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

June 8, 2021

June 8, 2021

PACER

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

June 8, 2021

June 8, 2021

PACER

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

June 8, 2021

June 8, 2021

PACER

Filing Fee Received

June 9, 2021

June 9, 2021

PACER
20

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)

June 21, 2021

June 21, 2021

PACER
21

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)

June 22, 2021

June 22, 2021

PACER

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

July 14, 2021

July 14, 2021

PACER

Filing Fee Received

July 19, 2021

July 19, 2021

PACER
22

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)

July 28, 2021

July 28, 2021

Clearinghouse
23

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)

Aug. 2, 2021

Aug. 2, 2021

PACER

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

Sept. 14, 2021

Sept. 14, 2021

PACER

Filing Fee Received

Sept. 16, 2021

Sept. 16, 2021

PACER
24

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

Oct. 14, 2021

Oct. 14, 2021

PACER
25

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)

Oct. 15, 2021

Oct. 15, 2021

PACER

Order Lifting Stay

Oct. 15, 2021

Oct. 15, 2021

PACER
26

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)

Oct. 20, 2021

Oct. 20, 2021

PACER

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

Oct. 27, 2021

Oct. 27, 2021

PACER
27

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)

Oct. 29, 2021

Oct. 29, 2021

PACER
28

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)

Oct. 29, 2021

Oct. 29, 2021

PACER

Filing Fee Received

Oct. 29, 2021

Oct. 29, 2021

PACER

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

Oct. 29, 2021

Oct. 29, 2021

PACER
29

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)

Nov. 3, 2021

Nov. 3, 2021

PACER
30

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)

Nov. 3, 2021

Nov. 3, 2021

PACER
31

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)

Nov. 4, 2021

Nov. 4, 2021

PACER

Order on Motion for Extension of Time

Nov. 4, 2021

Nov. 4, 2021

PACER
32

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)

Nov. 10, 2021

Nov. 10, 2021

PACER
33

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)

Nov. 10, 2021

Nov. 10, 2021

PACER

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

Nov. 11, 2021

Nov. 11, 2021

PACER

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

Nov. 18, 2021

Nov. 18, 2021

PACER

Filing Fee Received

Nov. 18, 2021

Nov. 18, 2021

PACER
34

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

Nov. 22, 2021

Nov. 22, 2021

PACER
35

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

Nov. 22, 2021

Nov. 22, 2021

PACER
36

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)

Nov. 24, 2021

Nov. 24, 2021

PACER
37

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)

Nov. 24, 2021

Nov. 24, 2021

PACER
38

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)

Nov. 29, 2021

Nov. 29, 2021

PACER

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

Nov. 29, 2021

Nov. 29, 2021

PACER
39

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

Dec. 2, 2021

Dec. 2, 2021

PACER
40

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)

Dec. 2, 2021

Dec. 2, 2021

PACER
41

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

Dec. 2, 2021

Dec. 2, 2021

PACER
42

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

Dec. 13, 2021

Dec. 13, 2021

PACER

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

Dec. 15, 2021

Dec. 15, 2021

PACER
43

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)

Dec. 16, 2021

Dec. 16, 2021

PACER

Filing Fee Received

Dec. 16, 2021

Dec. 16, 2021

PACER
44

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)

Dec. 17, 2021

Dec. 17, 2021

PACER
45

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)

Dec. 17, 2021

Dec. 17, 2021

PACER

9 - Taking Motion Under Advisement

Dec. 17, 2021

Dec. 17, 2021

PACER

Order on Motion for Discovery/Inspection

Dec. 18, 2021

Dec. 18, 2021

PACER
46

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)

Dec. 20, 2021

Dec. 20, 2021

PACER
47

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

Dec. 21, 2021

Dec. 21, 2021

PACER
48

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)

Dec. 28, 2021

Dec. 28, 2021

PACER

9 - Taking Motion Under Advisement

Dec. 29, 2021

Dec. 29, 2021

PACER
49

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

Jan. 4, 2022

Jan. 4, 2022

PACER
50

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)

Feb. 3, 2022

Feb. 3, 2022

PACER
51

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)

Feb. 7, 2022

Feb. 7, 2022

PACER

Order

Feb. 7, 2022

Feb. 7, 2022

PACER

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

Feb. 8, 2022

Feb. 8, 2022

PACER

Filing Fee Received

Feb. 9, 2022

Feb. 9, 2022

PACER
52

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

Feb. 10, 2022

Feb. 10, 2022

PACER
53

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)

Feb. 10, 2022

Feb. 10, 2022

PACER
54

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)

Feb. 14, 2022

Feb. 14, 2022

PACER
55

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)

Feb. 15, 2022

Feb. 15, 2022

PACER
56

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)

Feb. 16, 2022

Feb. 16, 2022

PACER
57

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)

Feb. 16, 2022

Feb. 16, 2022

PACER
58

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)

Feb. 18, 2022

Feb. 18, 2022

PACER
59

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)

Feb. 18, 2022

Feb. 18, 2022

PACER

1 - Scheduling

Feb. 19, 2022

Feb. 19, 2022

PACER
60

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)

Feb. 22, 2022

Feb. 22, 2022

PACER

1 - Scheduling

Feb. 22, 2022

Feb. 22, 2022

PACER
61

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)

Feb. 23, 2022

Feb. 23, 2022

PACER

Status Conference

Feb. 24, 2022

Feb. 24, 2022

PACER
62

ORDER. Granting Defendants' request (by e-mail dated 3/1/2022) for an extension of time. Defendants' supplemental response and declarations regarding Plaintiff's Motion for Preliminary Injunctive Relief (ECF No. 24 ) are due on or before 3/4/2022. Ordered by Magistrate Judge Stacie F. Beckerman. (gw) (Entered: 03/01/2022)

March 1, 2022

March 1, 2022

PACER

1 - Scheduling

March 1, 2022

March 1, 2022

PACER
63

Motion for Sanctions. Filed by Aaron M. Hanna. **PRINT NEF ONLY**(Aaron Hanna, Prisoner ID: 7632447) (joha) (Entered: 03/04/2022)

March 4, 2022

March 4, 2022

PACER
64

Declaration of Evidence in Support. Filed by Aaron M. Hanna. **PRINT NEF ONLY**(Aaron Hanna, Prisoner ID: 7632447) (joha) (Entered: 03/04/2022)

March 4, 2022

March 4, 2022

PACER
65

ORDER. Defendants are not required to file a written response to Plaintiff's pro se Motion for Sanctions (ECF No. 63 ). The Court will hear argument on the motion at the scheduled March 9, 2022, hearing. Ordered by Magistrate Judge Stacie F. Beckerman. (Deposited in outgoing mail to Plaintiff on March 4, 2022.) (gw) (Entered: 03/04/2022)

March 4, 2022

March 4, 2022

PACER
66

Supplemental Response to Motion for Preliminary Injunction 24 . Filed by All Defendants. (White, Tracy) (Entered: 03/04/2022)

March 4, 2022

March 4, 2022

PACER

Case Details

State / Territory: Oregon

Case Type(s):

Prison Conditions

Special Collection(s):

COVID-19 (novel coronavirus)

Key Dates

Filing Date: April 1, 2021

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

A pro se individual in custody of the Oregon Department of Corrections

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: Yes

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Director of the Oregon Department of Corrections, State

Superintendent of the Two Rivers Correctional Institution (Umatilla, Umatilla), City

Correctional Officers at Oregon Department of Corrections, Federal

Defendant Type(s):

Corrections

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Cruel and Unusual Punishment

Available Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

None yet

Issues

General:

Conditions of confinement

COVID-19:

CDC Guidance ordered implemented

Mitigation Granted

Mitigation Requested

Non-retaliation ordered

Type of Facility:

Government-run