Case: Davey v. Pierce County Council

MOTION for Leave to Proceed In Forma Pauperis before Judge Theiler, filed by Justin Allen Davey. (Attachments: # 1 PROPOSED 1983 Prisoner Civil Rights Complaint, # 2 Exhibit, # 3 Declaration of Ezra Fleming-Ralston, # 4 Declaration of Skyler Yeaman, # 5 Declaration of Elijah King, # 6 Declaration of Jonas LJ Canley, # 7 Declaration of Matthew Field, # 8 PROPOSED Motion to Appoint Counsel, # 9 Prison Trust Account)(ST) (Entered: 01/27/2021)

PROPOSED 1983 Prisoner Civil Rights Complaint filed by Plaintiff Ezra Fleming-Ralston. NO FILING FEE/NO IFP. (Attachments: # 1 Exhibit, # 2 Declaration of Plaintiff Ezra Fleming-Ralston, # 3 Declaration of Skyler Yeaman, # 4 Declaration of Elijah King, # 5 Declaration of Jonas LJ Canley, # 6 Declaration of Matthew Field)(ST) (Entered: 01/27/2021)

LETTER to Justin Allen Davey re case number and Judge assignment. (cc: plaintiff Justin Allen Davey via USPS) (ST) (Entered: 01/27/2021)

LETTER to Ezra Fleming-Ralston re IFP Deficiency:- The filing fee requirement must be met. Please submit the $402 filing fee or an Application to Proceed In Forma Pauperis (IFP). An IFP form is enclosed for your convenience. - You must sign and date the complaint. A copy of the complaint is enclosed.Filer has until 2/26/2021 to correct. (cc: plaintiff Ezra Fleming-Ralston w/copy of complaint and IFP form via USPS) (ST) (Entered: 01/27/2021)

Set/Reset Deadlines: Filer Ezra Fleming-Ralston has until 2/26/2021 to correct deficiencies. (ST)

Set/Reset Deadlines

LETTER from Justin Allen Davey re Declarations. (Attachments: # 1 Declaration of Eric Lee Sicard, # 2 Declaration of Taldon Maddock, # 3 Declaration of Steve Rodriguez, # 4 Declaration of Mark Erisman, # 5 Declaration of Matthew Webb)(ST) (Entered: 02/04/2021)

LETTER from Justin Allen Davey re Motion to Appoint Counsel (Dkt# 1-8). (Plaintiff requested a copy of the complaint, however, a copy was enclosed with the 4 IFP Deficiency Letter filed on 1/27/2021) (ST) (Entered: 02/04/2021)

IFP deficiency corrected in part as to plaintiff Ezra Fleming-Ralston. (ST) Modified on 2/11/2021. Plaintiff complied with signature requirement on complaint. (ST)

STRICKEN MOTION APPLICATION to Proceed In Forma Pauperis by Plaintiff Ezra Fleming-Ralston. (Attachments: # 1 PROPOSED 1983 Prisoner Civil Rights Complaint, # 2 Exhibit, # 3 Declaration of Ezra Fleming-Ralston, # 4 Declaration of Skyler Yeaman, # 5 Declaration of Elijah King, # 6 Declaration of Jonas LJ Canley, # 7 Declaration of Matthew Field, # 8 Prison Trust Account)(ST) Modified on 2/11/2021. Plaintiff complied with signature requirement on complaint. Application updated to motion. (ST) Modified on 4/28/2021. Stricken per 27 Order. (ST) (Entered: 02/11/2021)

1 PROPOSED 1983 Prisoner Civil Rights Complaint

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2 Exhibit

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3 Declaration of Ezra Fleming-Ralston

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4 Declaration of Skyler Yeaman

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5 Declaration of Elijah King

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6 Declaration of Jonas LJ Canley

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7 Declaration of Matthew Field

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8 Prison Trust Account

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REFERRING 7 MOTION for Leave to Proceed In Forma Pauperis to Judge Mary Alice Theiler (ST)

IFP Deficiency Corrected

Motions Referred

STRICKEN PROPOSED Motion to Amend 1 1983 Complaint, filed by Plaintiff Justin Allen Davey. (ST) Modified on 4/28/2021. Stricken per 27 Order. (ST) (Entered: 02/19/2021)

STRICKEN DECLARATION of Roger Woodard requesting to be added as a plaintiff to the case. (ST) (Main Document 9 replaced on 2/19/2021. Declarations of Erkyhun Tefery and Richard Lovejoy should have been filed separately.) (ST) Modified on 3/4/2021. Stricken per 12 Order to Show Cause. (ST) (Entered: 02/19/2021)

STRICKEN DECLARATION of Erkyhun Tefery re 1 1983 Complaint. (ST) Modified on 2/19/2021. Added link to complaint. (ST) Modified on 3/4/2021. Stricken per 12 Order to Show Cause. (ST) (Entered: 02/19/2021)

STRICKEN DECLARATION of Richard Lovejoy re 1 1983 Complaint. (ST) Modified on 3/4/2021. Stricken per 12 Order to Show Cause. (ST) (Entered: 02/19/2021)

ORDER TO SHOW CAUSE AND STRIKING NON-PARTY FILINGS by Hon. Mary Alice Theiler re Dkts. 1-1, 7-1, Proposed 1983 Prisoner Civil Rights Complaint. Filings 9 Declaration of Roger Woodard; 10 Declaration of Erkyhun Tefery; 11 Declaration of Richard Lovejoy are improper and STRICKEN. Show Cause Response due by 4/14/2021. (cc: plaintiffs' Justin Allen Davey, Ezra Fleming-Ralson; Roger Woodard, Erkyhun Tefery, Richard Lovejoy via USPS) (ST) (Entered: 03/04/2021)

NOTE: Non-party Erkyhun Tefery did not include a booking number on the 10 Declaration and is not listed on the Pierce County Jail's inmate roster. Copy of order mailed to his attention at the Pierce County Jail without a booking number. (ST)

Docket Annotation/Remark (public entry)

STRICKEN PROPOSED Application to Proceed In Forma Pauperis, filed by Justin D Mohler (non-party to action) (Attachments: # 1 Exhibit, # 2 Prison Trust Account)(ST) Modified on 4/28/2021. Stricken per 27 Order. (ST) (Entered: 03/10/2021)

STRICKEN PROPOSED Application to Proceed In Forma Pauperis, filed by Roger Woodard (non-party to action) (Attachments: # 1 Prison Trust Account)(ST) Modified on 4/28/2021. Stricken per 27 Order. (ST) (Entered: 03/10/2021)

1 Prison Trust Account

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STRICKEN PROPOSED Amended 1983 Prisoner Civil Rights Complaint filed by Plaintiffs Justin Allen Davey, Ezra Fleming-Ralston re Dkt. 1-1 Proposed 1983 Prisoner Civil Rights Complaint. (Attachments: # 1 Declaration of Roger Woodard, # 2 Declaration of Ezra Fleming-Ralston, # 3 Declaration of Justin Mohler, # 4 Exhibit re Justin Davey) (ST) Modified on 4/1/2021. Description of attachment 4 updated to exhibit. (ST) Modified on 4/28/2021. Stricken per 27 Order. (ST) (Entered: 03/10/2021)

1 Declaration of Roger Woodard

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2 Declaration of Ezra Fleming-Ralston

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3 Declaration of Justin Mohler

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4 Grievance Form re Justin Davey

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RESPONSE TO 12 ORDER TO SHOW CAUSE by Roger Woodard (non-party to action) (ST) (Entered: 03/18/2021)

RESPONSE TO 12 ORDER TO SHOW CAUSE by Plaintiff Ezra Fleming-Ralston. (ST) (Entered: 03/18/2021)

RESPONSE TO 12 ORDER TO SHOW CAUSE by Plaintiff Justin Allen Davey. (ST) (Entered: 03/18/2021)

Mail addressed to Erkyhun Tefery returned as Undeliverable re 12 Order to Show Cause. (ST) (Entered: 03/19/2021)

NOTICE of Change of Address, filed by Plaintiff Justin Allen Davey. (Docket updated)**2 PAGE(S), PRINT NEF ONLY**(Justin Davey, Prisoner ID: 311532; Ezra Fleming-Ralston, Prisoner ID: 2020139010)(ST) (Entered: 03/23/2021)

NOTICE TO FILER re 20 Notice of Change of Address. NON-COMPLIANCE WITH PRISONER E-FILING INITIATIVE. The Western District of Washington received documents from you for filing through the U.S. Postal Service. Pursuant to General Order 06-16, participation in the Prisoner E-Filing Initiative is mandatory for all prisoner litigants incarcerated at the Washington Corrections Center-Shelton. These documents will be filed by the clerk in this instance, it is not necessary to refile. Please comply by submitting all future documents to be filed with this Court to the Law Librarian/designee for electronic filing. **0 PAGE(S), PRINT NEF ONLY**(Justin Davey, Prisoner ID: 311532; Ezra Fleming-Ralston, Prisoner ID: 2020139010)(ST)

Notice to Filer

ORDER GRANTING 1 APPLICATION TO PROCEED IN FORMA PAUPERIS AND DIRECTING INSTITUTION TO CALCULATE, COLLECT, AND FORWARD PAYMENTS RE JUSTIN ALLEN DAVEY by Hon. Mary Alice Theiler. (cc: Plaintiff, DOC, WAWD Finance)**2 PAGE(S), PRINT ALL**(Justin Davey, Prisoner ID: 311532) (ST) (Entered: 04/01/2021)

1983 PRISONER CIVIL RIGHTS COMPLAINT, filed by Justin Allen Davey against defendant(s) Patti Jackson, Pierce County Council, Ed Troyer with JURY DEMAND. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)**DO NOT PRINT**(Justin Davey, Prisoner ID: 311532; Ezra Fleming-Ralston, Prisoner ID: 2020139010)(ST) (Entered: 04/01/2021)

MOTION to Amend 22 1983 Prisoner Civil Rights Complaint, filed by Plaintiff Justin Allen Davey. (Attachments: # 1 PROPOSED Amended 1983 Prisoner Civil Rights Complaint)**28 PAGE(S), PRINT NEF ONLY**(Justin Davey, Prisoner ID: 311532; Ezra Fleming-Ralston, Prisoner ID: 2020139010)(ST) (Entered: 04/01/2021)

MOTION to Appoint Counsel, filed by Plaintiff Justin Allen Davey. **4 PAGE(S), PRINT NEF ONLY**(Justin Davey, Prisoner ID: 311532; Ezra Fleming-Ralston, Prisoner ID: 2020139010)(ST) (Entered: 04/01/2021)

REPORT AND RECOMMENDATION re 7 MOTION for Leave to Proceed In Forma Pauperis filed by Ezra Fleming-Ralston, 14 Proposed Document(s), 15 Proposed Document(s), filed by Justin Allen Davey, Ezra Fleming-Ralston, 13 Proposed Document(s), 8 Proposed Document(s) filed by Justin Allen Davey. Objections to R&R due by 4/22/2021, Noting Date 4/23/2021. Signed by Hon. Mary Alice Theiler. (Attachments: # 1 R&R Proposed Order)**9 PAGE(S), PRINT ALL**(Justin Davey, Prisoner ID: 311532; Ezra Fleming-Ralston, Prisoner ID: 2020139010)(GB) (Entered: 04/01/2021)

AMENDED 1983 Prisoner Civil Rights Complaint filed by Justin Allen Davey. **28 PAGE(S), PRINT NEF ONLY**(Justin Davey, Prisoner ID: 311532)(ST) Modified on 5/21/2021. Stricken per 27 Order. (ST) Modified on 5/24/2021. Per 29 Order, 26 Proposed 1983 Amended Complaint filed as operative Amended Complaint. (ST) (Entered: 04/20/2021)

ORDER ADOPTING 25 REPORT AND RECOMMENDATION, by U.S. District Judge John C. Coughenour. The second-named plaintiff, Ezra Fleming-Ralston is DISMISSED without prejudice. Ezra Fleming-Ralston's 7 Motion to Proceed In Forma Pauperis is STRICKEN. Non-parties Justin D. Mohler's 13 Motion to Proceed In Forma Pauperis and Roger Woodard's 14 Motion to Proceed In Forma Pauperis are STRICKEN. Plaintiff Justin Allen Davey's 8 Motion to Amend Complaint and 15 Motion to Amend Complaint are STRICKEN. If Ezra Fleming-Ralston chooses to refile his claims, he shall proceed by filing a new complaint addressing only his individual claims and pay a new filing fee or file a Motion to Proceed In Forma Pauperis. This matter is RE-REFERRED back to the Hon. Mary Alice Theiler for further proceedings. (cc: Ezra Fleming-Ralston w/1983 Complaint form via USPS) **2 PAGE(S), PRINT ALL**(Justin Davey, Prisoner ID: 311532) (ST) (Entered: 04/28/2021)

MINUTE ORDER REASSIGNING REFERRAL JUDGE by Clerk William M McCool. Referral Judge is reassigned to Magistrate Judge Mary Alice Theiler's successor, Magistrate Judge S. Kate Vaughan. **1 PAGE(S), PRINT NEF ONLY**(Justin Davey, Prisoner ID: 311532)(KMP) (Entered: 05/04/2021)

ORDER DIRECTING DOCKETING AND SERVICE OF 26 AMENDED 1983 COMPLAINT by Hon. S. Kate Vaughan. Served by First-Class Mail on 5/24/21 to Ed Troyer; Patti Jackson; B. Sutherlin; Dobson; Mastandrea; D. Herbison; T. Pearson. (cc: Pierce County Sheriff's Office via USPS) (Attachments: # 1 Pro Se Instruction Sheet)**7 PAGE(S), PRINT ALL**(Justin Davey, Prisoner ID: 311532)(ST) (Entered: 05/24/2021)

ORDER DIRECTING PERSONAL SERVICE OF 26 AMENDED 1983 COMPLAINT BY UNITED STATES MARSHAL, by Hon. S. Kate Vaughan. Packet with documents to be served on Pierce County Chief Executive forwarded to US Marshals on 4/24/2021. (cc: Pierce County Prosecutor's Office via USPS) **5 PAGE(S), PRINT ALL**(Justin Davey, Prisoner ID: 311532)(ST) (Entered: 05/24/2021)

ORDER DENYING 24 MOTION TO APPOINT COUNSEL, signed by Hon. S. Kate Vaughan. **2 PAGE(S), PRINT ALL**(Justin Davey, Prisoner ID: 311532)(ST) (Entered: 05/24/2021)

NOTICE of Appearance by attorney Frank Cornelius on behalf of Defendants Dobson, D Herbison, Patti Jackson, Mastandrea, T Pearson, Pierce County Council, B. Sutherlin, Ed Troyer. **PRINT ALL**(Justin Davey, Prisoner ID: 311532)(Cornelius, Frank) (Entered: 06/17/2021)

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, filed by Defendants Dobson, D Herbison, Patti Jackson, Mastandrea, T Pearson, Pierce County Council, B. Sutherlin, Ed Troyer. (Attachments: # 1 Proposed Order) Noting Date 1/28/2022 12/3/2021 7/23/2021, **PRINT ALL**(Justin Davey, Prisoner ID: 311532)(Cornelius, Frank) Modified on 10/28/2021 to renote noting date per dkt 44 (SR). Modified on 11/23/2021 to renote noting date per dkt 48 (SB). (Entered: 06/25/2021)

NOTICE to Pro Se Inmate re 33 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM ; filed by Defendants Dobson, D Herbison, Patti Jackson, Mastandrea, T Pearson, Pierce County Council, B. Sutherlin, Ed Troyer. **PRINT ALL**(Justin Davey, Prisoner ID: 311532)(Cornelius, Frank) (Entered: 06/25/2021)

Mail addressed to Justin Allen Davey returned as Undeliverable re 33 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, (Attachments: # 1 Returned Mail re: 34 Notice to Pro Se Inmate) **6 PAGE(S), PRINT ALL**(Justin Davey, Prisoner ID: 311532) Plaintiff is now at Stafford Creek Corrections Center. Clerk has updated address on docket and will regenerate NEFs re documents # 33 34 to Plaintiff. (PM) (Entered: 06/29/2021)

***STRICKEN FROM THE DOCKET, DUPLICATE OF 33 *** MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, filed by Defendants Dobson, D Herbison, Patti Jackson, Mastandrea, T Pearson, Pierce County Council, B. Sutherlin, Ed Troyer. (Attachments: # 1 Proposed Order) Noting Date 12/3/2021 7/23/2021, **PRINT ALL**(Justin Davey, Prisoner ID: 311532)(Cornelius, Frank) Modified on 10/28/2021 to renote noting date per dkt 44 (SR). Modified on 11/18/2021 to strike entry (SR). (Entered: 06/30/2021)

NOTICE to Pro Se Inmate ; filed by Defendants Dobson, D Herbison, Patti Jackson, Mastandrea, T Pearson, Pierce County Council, B. Sutherlin, Ed Troyer. **PRINT ALL**(Justin Davey, Prisoner ID: 311532)(Cornelius, Frank) (Entered: 06/30/2021)

REPLY, filed by Defendants Dobson, D Herbison, Patti Jackson, Mastandrea, T Pearson, Pierce County Council, B. Sutherlin, Ed Troyer, TO RESPONSE to 36 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, 33 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM **PRINT ALL**(Justin Davey, Prisoner ID: 311532)(Cornelius, Frank) (Entered: 07/20/2021)

RESPONSE, by Plaintiff Justin Allen Davey, to 36 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, 33 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM . (Attachments: # 1 Declarations)**46 PAGE(S), PRINT NEF ONLY**(Justin Davey, Prisoner ID: 311532)(PM) **NEF has been regenerated on 7/23/2021 for the Plaintiff per dkt 41 . (Entered: 07/20/2021)

MOTION to Consider re 36 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, filed by Plaintiff Justin Allen Davey. Noted by clerk for 8/6/2021. **5 PAGE(S), PRINT NEF ONLY** (Justin Davey, Prisoner ID: 311532) (SR) (Entered: 07/22/2021)

NOTICE re 39 Response to Motion; filed by Plaintiff Justin Allen Davey. **3 PAGE(S), PRINT NEF ONLY**(Justin Davey, Prisoner ID: 311532)(SR) (Entered: 07/23/2021)

SURREPLY filed by Defendants Dobson, D Herbison, Patti Jackson, Mastandrea, T Pearson, Pierce County Council, B. Sutherlin, Ed Troyer re 36 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, 33 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM **PRINT ALL**(Justin Davey, Prisoner ID: 311532)(Cornelius, Frank) (Entered: 07/23/2021)

ORDER re Defendants' 33 36 Motions to Dismiss for Failure to State a Claim. Defendants shall clarify to the Court whether their motions to dismiss, Dkts. 33, 36, are in fact identical and whether it is appropriate for Defendants to withdraw one of the motions or for the Court to strike one of the motions as duplicative on or before 11/17/2021. Defendants are directed to submit additional briefing on their motion(s) to dismiss on or before 11/17/2021. Plaintiff may file a response to Defendants' additional briefing on or before 11/29/2021. Defendants may file a reply on or before 12/3/2021. The Clerk is directed to re-note Defendants' motions to dismiss, Dkts. 33, 36, to December 3, 2021. Signed by Hon. S. Kate Vaughan. **4 PAGE(S), PRINT ALL** (Justin Davey, Prisoner ID: 311532) (SR) (Entered: 10/28/2021)

MOTION for Extension of Time to Reply to the Court's 44 Order, filed by Plaintiff Justin Allen Davey. Noted by clerk for 11/19/2021. **3 PAGE(S), PRINT NEF ONLY** (Justin Davey, Prisoner ID: 311532) (SR) (Entered: 11/03/2021)

ORDER re Plaintiff's 40 Motion to Consider Late Response to Motion to Dismiss. Plaintiff's motion, Dkt. 40, is GRANTED and the Court will consider his response, Dkt. 39, in considering Defendants' motions to dismiss. Signed by Hon. S. Kate Vaughan. **2 PAGE(S), PRINT ALL** (Justin Davey, Prisoner ID: 311532) (SR) (Entered: 11/15/2021)

SUPPLEMENT re 36 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendants Dobson, D Herbison, Patti Jackson, Mastandrea, T Pearson, Pierce County Council, B. Sutherlin, Ed Troyer **PRINT ALL**(Justin Davey, Prisoner ID: 311532)(Cornelius, Frank) (Entered: 11/17/2021)

***Motion terminated: 36 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by D Herbison, Ed Troyer, Mastandrea, Dobson, B. Sutherlin, Patti Jackson, Pierce County Council, T Pearson. Motion is a duplicate of dkt. 33 and is now terminated. **0 PAGE(S), PRINT NEF ONLY** (Justin Davey, Prisoner ID: 311532) (SR)

Terminate Motions (Public, notice to parties)

ORDER granting Plaintiff's 45 Motion for Extension of Time. Plaintiff's response to Defendants' supplemental brief, Dkt. 47, is due by 1/24/2022. Defendants' reply is due by 1/28/2022. The Clerk is directed to re-note Defendants' motion to dismiss, Dkt. 33, to 1/28/2022. Signed by Hon. S. Kate Vaughan. **2 PAGE(S), PRINT ALL**(Justin Davey, Prisoner ID: 311532)(SB) (Entered: 11/23/2021)

NOTICE: Plaintiff Justin Allen Davey has registered to electronically file and receive electronic service in this case. Plaintiff has been advised to file a Notice of Change of Address as soon as possible. (KB) (Entered: 12/09/2021)

Motion to File Amended Complaint Second AMENDED PETITION with JURY DEMAND, filed by Justin Allen Davey. (Attachments: # 1 Exhibit Prisoner Kite 1, # 2 Exhibit Prisoner Kite 2, # 3 Exhibit Prisoner Kite 3, # 4 Exhibit Prisoner Kite 4, # 5 Exhibit Prisoner Kite 5, # 6 Exhibit Grievance 1, # 7 Exhibit Grievance 2, # 8 Exhibit Grievance 3, # 9 Exhibit Grievance 4, # 10 Exhibit Grievance 5, # 11 Exhibit Grievance 6)(Davey, Justin) Noted by clerk for 12/24/2021. Modified on 12/10/2021 to change event type and add noting date SR). (Entered: 12/09/2021)

NOTICE of Change of Address/Change of Name Filed by Plaintiff Justin Allen Davey. (Davey, Justin) (Entered: 12/10/2021)

Noting Date Set/Reset re 50 MOTION to File Amended Complaint: Noting Date is set for 12/24/2021. (SR)

Set/Reset Motion Noting Date (Public, notice to parties)

ORDER denying Plaintiff's 50 Motion for Leave to File an Amended Complaint. Plaintiff is granted leave to re-file his motion for leave to amend, but he must include a proposed second amended complaint with his motion. Signed by Hon. S. Kate Vaughan. (SR)(cc: Plaintiff via U.S. mail Dkt. 26, Docket Sheet, and Court's form 42 U.S.C. § 1983 civil rights complaint. (Entered: 12/14/2021)

Case Reassigned to Judge Lauren King. U.S. District Judge John C. Coughenour no longer assigned to the case. (GT)

Second MOTION for Leave To file Amended Complaint, filed by Plaintiff Justin Allen Davey. (Attachments: # 1 Exhibit Kites/Grievances, # 2 Amended Complaint Second Amended Complaint, # 3 Exhibit Declaration, # 4 Exhibit Declaration, # 5 Exhibit Declaration, # 6 Exhibit Declaration, # 7 Exhibit Declaration, # 8 Exhibit Declaration, # 9 Exhibit Grievance 6-16-20, # 10 Exhibit Grievance 12-16-20, # 11 Exhibit Captain Genga, # 12 Exhibit Sgt.Ake, # 13 Exhibit Grievance Procedure, # 14 Exhibit Received Letter, # 15 Exhibit Received Letter, # 16 Exhibit Received Letter, # 17 Exhibit Received Letter, # 18 Exhibit Received Letter, # 19 Exhibit Received Letter, # 20 Exhibit Received Letter) Noting Date 1/21/2022 1/3/2022, (Davey, Justin) Modified on 1/3/2022 (MW). (Entered: 12/21/2021)

EXHIBIT DOC Medical Kite re 53 Second MOTION for Leave To file Amended Complaint by Plaintiff Justin Allen Davey (Davey, Justin) (Entered: 12/21/2021)

Case Assigned/Reassigned to Judge

RESPONSE, by Defendants Dobson, D Herbison, Patti Jackson, Mastandrea, T Pearson, Pierce County Council, B. Sutherlin, Ed Troyer, to 53 Second MOTION for Leave To file Amended Complaint. (Cornelius, Frank) (Entered: 12/29/2021)

SURREPLY filed by Plaintiff Justin Allen Davey re 53 Second MOTION for Leave To file Amended Complaint (Davey, Justin) (Entered: 12/30/2021)

ORDER REGARDING 28 U.S.C. § 455(b)(2) AND CANON 3(C)(1)(B) OF THE CODE OF CONDUCT FOR UNITED STATES JUDGES by Judge Lauren King. (NAW) (Entered: 12/30/2021)

ORDER RE-NOTING Plaintiff's 53 MOTION for Leave To file Amended Complaint and Allowing Supplemental Briefing. On or before 1/14/2022, Defendants may file a supplemental response to Plaintiff's motion for leave to file an amended complaint. On or before 1/21/2022, Plaintiff may file a supplemental reply to his motion for leave to file an amended complaint. The Clerk is directed to re-note Plaintiff's motion for leave to file an amended complaint to 1/21/2022. Signed by Hon. S. Kate Vaughan. (MW) (Entered: 01/03/2022)

SURREPLY filed by Plaintiff Justin Allen Davey re 53 Second MOTION for Leave To file Amended Complaint Inmate Kites (Davey, Justin) (Entered: 01/12/2022)

RESPONSE, by Defendants Dobson, D Herbison, Patti Jackson, Mastandrea, T Pearson, Pierce County Council, B. Sutherlin, Ed Troyer, to 53 Second MOTION for Leave To file Amended Complaint. (Cornelius, Frank) (Entered: 01/14/2022)

REPLY, filed by Plaintiff Justin Allen Davey, TO RESPONSE to 53 Second MOTION for Leave To file Amended Complaint (Davey, Justin) (Entered: 01/19/2022)

REPLY, filed by Defendants Dobson, D Herbison, Patti Jackson, Mastandrea, T Pearson, Pierce County Council, B. Sutherlin, Ed Troyer, TO RESPONSE to 33 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Cornelius, Frank) (Entered: 01/28/2022)

RESPONSE, by Plaintiff Justin Allen Davey, to 53 Second MOTION for Leave To file Amended Complaint; 62 REPLY TO RESPONSE to 33 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM . (Davey, Justin) Modified to add linkage to 62 on 1/31/2022 (MW). (Entered: 01/28/2022)

EXHIBIT Inmate Electronic Kites/Grievance by Plaintiff Justin Allen Davey (Davey, Justin) (Entered: 02/19/2022)

NOTICE of Unavailability of counsel Frank Cornelius for Defendants Dobson, D Herbison, Patti Jackson, Mastandrea, T Pearson, Pierce County Council, B. Sutherlin, Ed Troyer from 3/25/2022-3/30/2022. (Cornelius, Frank) (Entered: 03/02/2022)

REPORT AND RECOMMENDATION: The Court recommends that Defendants' motion to dismiss (Dkts. 33 , 47 ) and Plaintiff's motion for leave to file a second amended complaint (Dkt. 53 ) be GRANTED IN PART and DENIED IN PART. Objections to th is Report and Recommendation, if any, should be filed with the Clerk and served upon all parties to this suit within twenty-one (21) days of the date on which this Report and Recommendation is signed. If no timely objections are filed, the matter will be ready for consideration by the District Judge on 4/1/2022. Signed by Hon. S. Kate Vaughan. (Attachments: # 1 Proposed Order)(MW)

1 Proposed Order

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NOTICE of Change of Address/Change of Name Filed by Plaintiff Justin Allen Davey. (Attachments: # 1 Exhibit Court Order)(Davey, Justin) (Entered: 03/10/2022)

ANSWER to Complaint; (Second Amended) by Dobson, D Herbison, Patti Jackson, Mastandrea, T Pearson, Pierce County Council, B. Sutherlin, Ed Troyer.(Cornelius, Frank) (Entered: 05/13/2022)

NOTICE of Unavailability of counsel Frank Cornelius for Defendants Dobson, D Herbison, Patti Jackson, Mastandrea, T Pearson, Pierce County Council, B. Sutherlin from 08/15/2022 to 08/19/2022. (Cornelius, Frank) (Entered: 07/08/2022)

NOTICE of Unavailability of counsel Frank Cornelius for Defendants Dobson, D Herbison, Patti Jackson, Mastandrea, T Pearson, Pierce County Council, B. Sutherlin, Ed Troyer from 08/01/2022 through 08/05/2022. (Cornelius, Frank) (Entered: 07/14/2022)

ORDER ADOPTING 66 REPORT AND RECOMMENDATION. Plaintiff's motion for leave to file a second amended complaint, Dkt. No. 53, is GRANTED IN PART and DENIED IN PART. Defendants' motion to dismiss, Dkt. Nos. 33, 47, is GRANTED IN PART and DENIED IN PART. Defendants' motion to change venue, Dkt. No. 33, is DENIED. Signed by Judge Lauren King. (MW) (Entered: 07/15/2022)

SECOND AMENDED COMPLAINT against All Defendants with JURY DEMAND, filed by Justin Allen Davey. (Attachments: # 1 Exhibits)(LH) (Posting per the 71 Order on Report and Recommendation. Filing date approved by chambers) (Entered: 10/07/2022)

PRETRIAL SCHEDULING ORDER: Discovery to be completed by 10/17/2022, Dispositive motions due by 11/16/2022. Signed by Hon. S. Kate Vaughan. (MW) (Entered: 07/19/2022)

ORDER Reconsidering Request for Appointment of Counsel and Directing Pro Bono Coordinator to Identify Pro Bono Counsel. The Court hereby sua sponte reconsiders Plaintiff's 24 request for appointment of counsel and concludes that extraordinary circumstances now support the appointment of counsel in this case. Signed by Hon. S. Kate Vaughan. (MW) (cc: Pro Bono Coordinator) (Entered: 08/08/2022)

NOTICE of Change of Address/Change of Name and Copy Request Filed by Plaintiff Justin Allen Davey. (LH) (Sent courtesy copy of docket, 73 Order, copy request form, and copy instruction letter to Plaintiff via US mail at SCORE-King County) (Entered: 09/22/2022)

NOTICE: Plaintiff Justin Allen Davey has opted to withdraw from e-filing and from receiving electronic service. Notice has been terminated and mailing address verified. See dkt # 74 for request.(STP) (Entered: 09/22/2022)

Notice re Pro Se Registration

MOTION to Appoint Counsel, filed by Plaintiff Justin Allen Davey. Noted by Clerk for 10/14/2022 (LH) (Entered: 09/27/2022)

MOTION for Continuance, filed by Plaintiff Justin Allen Davey. Noted by Clerk for 10/14/2022, (LH) (Entered: 09/28/2022)

REQUEST for Copies by Plaintiff Justin Allen Davey (LH) (Entered: 09/30/2022)

MOTION for Reconsideration re 12 Order, filed by Plaintiff Justin Allen Davey. Noted by Clerk for 10/5/2022, (LH) (Entered: 10/06/2022)

LETTER from Plaintiff re 73 Order Referring to Pro Bono Panel, filed by Justin Allen Davey (LH) (Entered: 10/06/2022)

ORDER: Plaintiff's second motion to appoint counsel, Dkt. 76, is DENIED as duplicative and moot. Plaintiff's "motion for continuance", Dkt. 77, is GRANTED to the extent that all discovery as well as the discovery and dispositive motions deadlines in this case shall be STAYED until the Court's search for counsel to represent Plaintiff is complete. The Clerk is directed to send Plaintiff a copy of the following documents to his current address at SCORE Jail: the docket sheet in this case, a copy of Plaintiff's second amended complaint, Dkt. 81, the report and recommendation on Plaintiff's motion to amend and Defendants' motion to dismiss, Dkt. 66, Defendants' answer, Dkt. 68, the order adopting the report and recommendation granting in part and denying in part Plaintiff's motion to amend and Defendants' motion to dismiss, Dkt. 71, and the pretrial scheduling order, Dkt. 72 . Signed by Hon. S. Kate Vaughan. (LH) (cc: Plaintiff via US mail. Enclosues: copies of applicable documents) (Entered: 10/07/2022)

ORDER denying Plaintiff's 79 MOTION for Reconsideration. The Clerk is directed to provide Plaintiff with copies of the following documents: Dkts. 1 -2 (exhibit including copies of grievances), 1 -3 (Declaration of Ezra Fleming-Ralston), 1 -4 (Declaration of Skylar Yeaman), 1 -5 (Declaration of Elijah King), 1 -6 (Declaration of Jonas LJ Canley), 1 -7 (Declaration of Matthew Field), 5 -1 (Declaration of Eric Lee Sicard), 5 -3 (Declaration of Steve Rodriguez), 5 -5 (Declaration of Matthew Webb), 10 (Declaration of Erkyhun Tefery), and 11 (Declaration of Richard Lovejoy). Signed by Hon. S. Kate Vaughan. (LH) (cc: Plaintiff via US mail. Enclosures: copies of applicable documents) (Entered: 10/12/2022)

MOTION to Show Cause, Strike, and Seal, filed by Plaintiff Justin Allen Davey. Noted by Clerk for 10/28/2022, (LH) (Entered: 10/14/2022)