Bailey v. Oregon Supreme Court et al
| Oregon District Court | |
| Judge: | Karin J Immergut |
| Case #: | 3:24-cv-01113 |
| Nature of Suit | 440 Civil Rights - Other Civil Rights |
| Cause | 28:1983 Civil Rights |
| Case Filed: | Jul 08, 2024 |
| Terminated: | Sep 09, 2024 |
| Last checked: Saturday Aug 24, 2024 4:03 AM PDT |
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Defendant
Oregon Supreme Court
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Defendant
Evelyn Turcott
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Plaintiff
Charles Bailey
PO Box 19813
Baltimore, MD 21225 |
GPO
Jul 16 2024
OPINION AND ORDER GRANTING PLAINTIFF'S IFP APPLICATION AND DISMISSING THE COMPLAINT: Plaintiff's Application for Leave to Proceed In Forma Pauperis, ECF 2, is GRANTED. Plaintiff's Complaint, ECF 1, is DISMISSED without prejudice. Plaintiff is granted leave to amend his Complaint; if Plaintiff chooses to amend his Complaint, he must do so by August 6, 2024. Plaintiff's Motion for Appointment of Counsel, ECF 3, is DENIED without prejudice. Plaintiff may request reconsideration of his Motion for Appointment of Counsel if he amends his Complaint. See attached Opinion and Order for details. Signed on 7/16/2024 by Judge Karin J. Immergut. (Deposited in outgoing mail to pro se party on 7/17/24.) (jy) |
| Docket last updated: 09/30/2024 11:59 PM PDT |
| Thursday, September 12, 2024 | ||
| 12 | 12
order
Judgment
Thu 09/12 11:44 AM
JUDGMENT: . Signed on 9/12/24 by Judge Karin J. Immergut. (Deposited in outgoing mail to pro se party on 9/12/24.) (jy) |
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order
Order
Thu 09/12 11:19 AM
Order: This Court previously dismissed Plaintiff's complaint for lack of jurisdiction and failure to comply with Rule 8. ECF5 . This Court granted Plaintiff leave to file an amended complaint by August 6, 2024. ECF5 Plaintiff did not meet this deadline, so this Court issued an order to show cause by September 6, 2024, why this action should not be dismissed with prejudice for failure to prosecute. ECF 8 . Plaintiff also did not meet this deadline, and this Court dismissed the complaint with prejudice on September 9, 2024. ECF 9 . That day, after issuing the dismissal, this Court received Plaintiff's Amended Complaint. ECF10 . This Court will construe this filing as a motion to reconsider the dismissal of his complaint. Although this Court construes pro se pleadings liberally and gives Plaintiff the benefit of the doubt, Bernhardt v. L.A. County , 339 F.3d 920, 925 (9th Cir. 2003), a pro se litigant's pleadings "must meet some minimum threshold in providing a defendant with notice of what it is that it allegedly did wrong." Brazil v. U.S. Dep't of Navy , 66 F.3d 193, 199 (9th Cir. 1995). Plaintiff's filing does not cure the deficiencies identified by this Court in his initial complaint because it does not meet the requirements of Rule 8. See Fed. R. Civ. P. 8(a)(2) (a pleading must contain "a short and plain statement of the claim showing that the pleader is entitled to relief"); McHenry v. Renne , 84 F.3d 1172, 1178 (9th Cir. 1996) (a complaint does not comply with Rule 8 if "one cannot determine from the complaint who is being sued, for what relief, and on what theory"). Plaintiff's filing does not identify a basis for this Court's jurisdiction and does not identify the relief he seeks. Having reviewed and considered Plaintiff's filing, this motion to reconsider the dismissal is DENIED. Ordered by Judge Karin J. Immergut on September 12, 2024. (Deposited in outgoing mail to pro se party on 9/12/24.) (jy) |
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| Monday, September 09, 2024 | ||
| 10 | 10
cmp
Amended Complaint (ALL CASE TYPES)
Tue 09/10 10:28 AM
Amended Complaint. Filed by Charles Bailey against State of Oregon, Appeals Court of Oregon, Evelyn Turcott. (jw) |
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order
Dismissal - Case
Mon 09/09 7:28 PM
Order Dismissing Complaint: This Court dismissed Plaintiff's complaint on July 16, 2024, ECF5 , but granted Plaintiff leave to file an amended complaint by August 6, 2024. Plaintiff did not file an amended complaint by that date. On August 21, 2024, this Court issued an Order to Show Cause, ECF 8 , ordering Plaintiff to show why this action should not be dismissed with prejudice for failure to prosecute. Plaintiff was directed to respond to the Order to Show Cause by September 6, 2024. Plaintiff has not responded to that Order or otherwise attempted to file an amended complaint. Plaintiff's complaint, ECF1 , is therefore DISMISSED with prejudice. Signed on September 9, 2024, by Judge Karin J. Immergut. (Deposited in outgoing mail to pro se party on 9/10/24.) (jy) |
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| Wednesday, August 21, 2024 | ||
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order
1 - Scheduling
Wed 08/21 4:05 PM
ORDER TO SHOW CAUSE: On July 16, 2024, this Court dismissed Plaintiff's Complaint, ECF1 , without prejudice. ECF5 . This Court granted Plaintiff leave to amend his Complaint by August 6, 2024. ECF5 . Plaintiff has failed to file an amended Complaint as of the date of this Order. Plaintiff is ORDERED TO SHOW CAUSE by September 6, 2024, why this action should not be dismissed with prejudice for failure to prosecute. Ordered on 8/21/2024 by Judge Karin J. Immergut. (Deposited in outgoing mail to pro se party on 8/22/24.) (jy) |
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| Friday, August 02, 2024 | ||
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order
Order on Motion for Leave to File AmendedComplaint/Petition
Fri 08/02 11:13 AM
ORDER: Plaintiff Charles Bailey has filed a Motion for Leave to File a Third Amended Complaint, ECF6 . This Court previously granted Plaintiff leave to file an amended complaint, ECF5 . That amended complaint is due August 6, 2024. Plaintiff's Motion is DENIED as moot. Ordered on 8/2/2024 by Judge Karin J. Immergut. (Deposited in outgoing mail to pro se party on 8/2/24.) (jy) |
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| Thursday, August 01, 2024 | ||
| 6 | 6
motion
Amend Complaint/Petition
Thu 08/01 3:53 PM
Motion for Leave to File Amended Complaint. Filed by Charles Bailey. (ecp) |
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| Tuesday, July 16, 2024 | ||
| 5 | 5
9
pgs
order
Opinion and Order
Tue 07/16 5:05 PM
OPINION AND ORDER GRANTING PLAINTIFF'S IFP APPLICATION AND DISMISSING THE COMPLAINT: Plaintiff's Application for Leave to Proceed In Forma Pauperis, ECF2 , is GRANTED. Plaintiff's Complaint, ECF1 , is DISMISSED without prejudice. Plaintiff is granted leave to amend his Complaint; if Plaintiff chooses to amend his Complaint, he must do so by August 6, 2024. Plaintiff's Motion for Appointment of Counsel, ECF3 , is DENIED without prejudice. Plaintiff may request reconsideration of his Motion for Appointment of Counsel if he amends his Complaint. See attached Opinion and Order for details. Signed on 7/16/2024 by Judge Karin J. Immergut. (Deposited in outgoing mail to pro se party on 7/17/24.) (jy) |
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| Monday, July 08, 2024 | ||
| 4 | 4
oth_evt
Case Assignment Notice - FORM EVENT
Mon 07/08 3:59 PM
Notice of Case Assignment: This case is assigned to Judge Karin J. Immergut. (Deposited in outgoing mail to pro se party on 7/8/24.) (eo) |
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| 3 | 3
motion
Appoint Counsel
Mon 07/08 3:59 PM
Motion for Appointment of Counsel. Filed by Charles Bailey. (eo) |
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| 2 | 2
motion
Application for Leave to Proceed IFP
Mon 07/08 3:58 PM
Application for Leave to Proceed IFP. Filed by Charles Bailey. (eo) |
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| 1 | 1
cmp
Complaint
Mon 07/08 3:55 PM
Complaint. Jury Trial Requested: Yes. Filed by Charles Bailey against All Defendants. (eo) |
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Att: 1
Civil Cover Sheet
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