5349D39 v. CO Foo, et al.

Federal Civil Lawsuit Washington Eastern District Court, Case No. 2:16-cv-00336
District Judge Thomas O. Rice, presiding
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District Judge Thomas O. Rice
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Parties
No Logo Anonymized Party [5349D39], Plaintiff
v.
No Logo CO Foo, Defendant

Represented by Spokane County Prosecutor's Office

Name Phone Fax E-Mail
Space Robert B Binger +1 509 477 5719 RBinger@spokanecounty.org
No Logo CO Thomas W Frants, Defendant
No Logo SGT Bliven, Defendant

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Robert B Binger
No Logo Spokane County Detention Services, Defendant
Attributes
Nature of Suit 550 - Prisoner Petitions: Civil Rights
Cause Section 42 U.S.C. § 1983 Prisoner Civil Rights
Jurisdiction Federal Question
Case Status closed
Jury Demand Plaintiff
Monetary Demand $8,400,000
Anonymization By SCALES
Timeline
  Entries (53) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Legal Document (Payment Possibly Required) 56 Filed: 5/15/2019, Entered: 5/15/2019
MANDATE from 9CCA as to 47 Notice of Appeal, filed by 5349D39. Decision of the District Court is Affirmed. 9CCA: 18-35424. (AN, Courtroom Deputy)**1 PAGE(S), PRINT NEF ONLY** (5349D39, Prisoner ID: 353928)
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Legal Document (Payment Possibly Required) 55 Filed: 4/23/2019, Entered: 4/23/2019
9CCA Slip Opinion: Decision of the District Court is AFFIRMED. 9CCA Case No. 18-35424. (TR, Case Administrator)**2 PAGE(S), PRINT NEF ONLY** (5349D39, Prisoner ID: 353928)
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Legal Document (Payment Possibly Required) 54 Filed: 12/18/2018, Entered: 12/18/2018
COPY OF 9CCA ORDER RE FEE COLLECTION as to 47 Notice of Appeal, filed by 5349D39 9CCA: 18-35424. (VR, Courtroom Deputy)**2 PAGE(S), DO NOT PRINT ** (5349D39, Prisoner ID: 353928)
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Legal Document (Payment Possibly Required) 53 Filed: 12/3/2018, Entered: 12/4/2018
COPY OF 9CCA ORDER RE: APPEAL FEES as to 47 Notice of Appeal, filed by 5349D39 9CCA: 18-35424. The order to show cause is therefore discharged, and appellants motion to proceed in forma pauperis is granted. (VR, Courtroom Deputy)**2 PAGE(S),DO NOT PRINT ** (5349D39, Prisoner ID: 353928)
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Legal Document (Payment Possibly Required) 52 Filed: 6/1/2018, Entered: 6/1/2018 Court Filing
ORDER DENYING 51 APPLICATION TO PROCEED IN FORMA PAUPERIS. Signed by Magistrate Judge John T. Rodgers. (SK, Case Administrator) **2 PAGES, PRINT ALL** (5349D39, Prisoner ID: 353928)
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Legal Document (Payment Possibly Required) 50 Filed: 5/18/2018, Entered: 5/18/2018
9CCA Appeal Time Schedule and Case Number: 18-35424 RE: APPEAL FEES for 47 Notice of Appeal, filed by 5349D39. Opening Brief Due: 7/16/18. Appellees Brief Due: 8/15/18. (SK, Case Administrator)**3 PAGES, PRINT ALL** (5349D39, Prisoner ID: 353928)
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Legal Document (Payment Possibly Required) 49 Filed: 5/17/2018, Entered: 5/17/2018
Letter from Appeal Deputy Clerk to 5349D39 dated 5/17/18. (Attachments: # 1 Notice of Appeal, # 2 Public Docket Sheet)(SK, Case Administrator)**8 PAGES, PRINT ALL** (5349D39, Prisoner ID: 353928)
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Legal Document (Payment Possibly Required) 48 Filed: 5/17/2018, Entered: 5/17/2018
9CCA Payment Notification form re 47 Notice of Appeal. Fee Not Paid. (SK, Case Administrator)**1 PAGE, PRINT ALL** (5349D39, Prisoner ID: 353928)
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Legal Document (Payment Possibly Required) 47 Filed: 5/17/2018, Entered: 5/17/2018
NOTICE OF APPEAL from District Court decision as to 46 Order on Motion for Miscellaneous Relief, by 5349D39. (SK, Case Administrator)**1 PAGE, PRINT NEF ONLY** (5349D39, Prisoner ID: 353928) Modified on 5/18/2018 - 9CCA Case Number: 18-35424 (SK, Case Administrator).
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Legal Document (Payment Possibly Required) 46 Filed: 4/25/2018, Entered: 4/25/2018 Court Filing
ORDER denying 45 Plaintiff's Motion to Alter Memorandum in Support of Plaintiff's Summary Judgment. The file remains closed. Signed by Chief Judge Thomas O. Rice. (BF, Paralegal)**5 PAGE(S), PRINT ALL**(5349D39, Prisoner ID: 353928)
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Legal Document (Payment Possibly Required) 45 Filed: 4/6/2018, Entered: 4/6/2018 Court Filing
MOTION To Alter Memorandum in Support of Plaintiff's Summary Judgment by 5349D39. Motion Hearing set for 5/7/2018 at 6:30 PM Without Oral Argument before Chief Judge Thomas O. Rice. (LLH, Courtroom Deputy) **21 PAGE(S), PRINT NEF ONLY** (5349D39, Prisoner ID: 353928)
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Legal Document (Payment Possibly Required) 44 Filed: 3/30/2018, Entered: 3/30/2018
JUDGMENT IN A CIVIL ACTION. Judgment entered in favor of Defendants. (LLH, Courtroom Deputy) **1 PAGE(S), PRINT ALL** (5349D39, Prisoner ID: 353928)
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Legal Document (Payment Possibly Required) 43 Filed: 3/30/2018, Entered: 3/30/2018 Court Filing
ORDER GRANTING DEFENDANTS MOTION FOR SUMMARY JUDGMENT; DENYING PLAINTIFFS MOTION FOR SUMMARY JUDGMENT. Defendants Motion for Summary Judgment ECF No. 33 is GRANTED. Plaintiffs Motion for Summary Judgment ECF No. 41 is DENIED as moot. Plaintiffs claims against all Defendants are DISMISSED with prejudice. The Court certifies pursuant to 28 U.S.C. ยง 1915(a)(3) that any appeal of this Order would not be taken in good faith and would lack any arguable basis in law or fact. Plaintiffs in forma pauperis status is hereby REVOKED. The file is CLOSED. Signed by Chief Judge Thomas O. Rice. (LLH, Courtroom Deputy)**21 PAGE(S), PRINT ALL**(5349D39, Prisoner ID: 353928)
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Legal Document (Payment Possibly Required) 42 Filed: 3/12/2018, Entered: 3/12/2018
REPLY MEMORANDUM re 33 MOTION for Summary Judgment filed by Bliven, Foo, Thomas W Frants. (Binger, Robert) **PRINT ALL** (5349D39, Prisoner ID: 353928)
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Legal Document (Payment Possibly Required) 41 Filed: 3/8/2018, Entered: 3/9/2018 Court Filing
PLAINTIFF'S Memorandum in Support of Plaintiff's Summary Judgment and MOTION for Summary Judgment, by 5349D39. Motion Hearing set for 4/27/2018 Without Oral Argument before Chief Judge Thomas O. Rice. (SK, Case Administrator) **8 PAGES, PRINT NEF ONLY** (5349D39, Prisoner ID: 353928)
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Legal Document (Payment Possibly Required) 40 Filed: 2/6/2018, Entered: 2/6/2018
NOTICE to Pro Se Litigants of the Summary Judgment Rule Requirements. Notice sent to: 5349D39. (BF, Paralegal) **3 PAGE(S), PRINT ALL** (5349D39, Prisoner ID: 353928)
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Legal Document (Payment Possibly Required) 39 Filed: 1/26/2018, Entered: 1/26/2018
AFFIDAVIT by MICHAEL VANATTA in Support re 33 MOTION for Summary Judgment filed by Bliven, Foo. (Binger, Robert) **PRINT ALL** (5349D39, Prisoner ID: 353928)
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Legal Document (Payment Possibly Required) 38 Filed: 1/26/2018, Entered: 1/26/2018
AFFIDAVIT by TOM HILL in Support re 33 MOTION for Summary Judgment filed by Bliven, Foo. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Binger, Robert) **PRINT ALL** (5349D39, Prisoner ID: 353928)
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Legal Document (Payment Possibly Required) 37 Filed: 1/26/2018, Entered: 1/26/2018
AFFIDAVIT by THOMAS FRANTZ in Support re 33 MOTION for Summary Judgment filed by Bliven, Foo. (Binger, Robert) **PRINT ALL** (5349D39, Prisoner ID: 353928)
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Legal Document (Payment Possibly Required) 36 Filed: 1/26/2018, Entered: 1/26/2018
AFFIDAVIT by NATHAN FOO in Support re 33 MOTION for Summary Judgment filed by Bliven, Foo. (Binger, Robert) **PRINT ALL** (5349D39, Prisoner ID: 353928)
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Legal Document (Payment Possibly Required) 35 Filed: 1/26/2018, Entered: 1/26/2018
AFFIDAVIT by TIMOTHY BLIVEN in Support re 33 MOTION for Summary Judgment filed by Bliven, Foo. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Binger, Robert) **PRINT ALL** (5349D39, Prisoner ID: 353928)
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Legal Document (Payment Possibly Required) 34 Filed: 1/26/2018, Entered: 1/26/2018
STATEMENT OF FACTS re 33 MOTION for Summary Judgment filed by Bliven, Foo. (Binger, Robert) **PRINT ALL** (5349D39, Prisoner ID: 353928)
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Legal Document (Payment Possibly Required) 33 Filed: 1/26/2018, Entered: 1/26/2018 Court Filing
MOTION for Summary Judgment by Bliven, Foo. Motion Hearing set for 3/19/2018 at 6:30 PM Without Oral Argument before Chief Judge Thomas O. Rice. (Binger, Robert) **PRINT ALL** (5349D39, Prisoner ID: 353928)
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Legal Document (Payment Possibly Required) 32 Filed: 12/27/2017, Entered: 12/27/2017
SECOND AMENDED COMPLAINT against Foo, Bliven. Jury Demand. Party Thomas W. Frants added. Filed by 5349D39.(SK, Case Administrator) **2 PAGES, PRINT NEF ONLY**(5349D39, Prisoner ID: 353928)
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Legal Document (Payment Possibly Required) 31 Filed: 12/20/2017, Entered: 12/20/2017 Court Filing
ORDER DIRECTING PLAINTIFF TO FILE A SECOND AMENDED COMPLAINT. Signed by Chief Judge Thomas O. Rice. (BF, Paralegal) **3 PAGE(S), PRINT ALL** (5349D39, Prisoner ID: 353928)
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Legal Document (Payment Possibly Required) 30 Filed: 12/14/2017, Entered: 12/15/2017 Court Filing
MOTION to Amend Pleadings or Add Parties by 5349D39. Motion Hearing set for 1/16/2018 Without Oral Argument before Chief Judge Thomas O. Rice. (SK, Case Administrator) **2 PAGES, PRINT NEF ONLY** (5349D39, Prisoner ID: 353928)
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Legal Document (Payment Possibly Required) 29 Filed: 12/1/2017, Entered: 12/1/2017 Court Filing
ORDER GRANTING PLAINTIFFS MOTION TO AMEND PLEADINGS OR ADD PARTIES. Plaintiffs Motion to Amend Pleadings or Add Parties ECF No. 28 is GRANTED. Plaintiff shall file his Second Amended Complaint within 30 days of this Order. Case Management Deadline set for 1/2/2018. Signed by Chief Judge Thomas O. Rice. (LLH, Courtroom Deputy) **3 PAGE(S), PRINT ALL** (5349D39, Prisoner ID: 353928)
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Legal Document (Payment Possibly Required) 28 Filed: 11/16/2017, Entered: 11/16/2017 Court Filing
MOTION to Amend Pleadings or Add Parties by 5349D39. Motion Hearing set for 12/18/2017 Without Oral Argument before Chief Judge Thomas O. Rice. (SK, Case Administrator) **2 PAGES, PRINT NEF ONLY** (5349D39, Prisoner ID: 353928)
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Legal Document (Payment Possibly Required) 27 Filed: 9/27/2017, Entered: 9/27/2017 Court Filing
JURY TRIAL SCHEDULING ORDER: A Telephonic Pretrial Conference is set for 10/25/2018 at 10:00 AM in before Chief Judge Thomas O. Rice. A Jury Trial is set for 11/5/2018 at 8:30 AM in Spokane Courtroom 902 before Chief Judge Thomas O. Rice. Signed by Chief Judge Thomas O. Rice. (BF, Paralegal) **13 PAGE(S), PRINT ALL** (5349D39, Prisoner ID: 353928)
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Legal Document (Payment Possibly Required) 26 Filed: 9/26/2017, Entered: 9/26/2017
STATEMENT OF CLAIM by 5349D39. (BF, Paralegal) **12 PAGE(S), PRINT NEF ONLY** (5349D39, Prisoner ID: 353928)
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Legal Document (Payment Possibly Required) 25 Filed: 8/28/2017, Entered: 8/28/2017
Joint Certificate Pursuant to LR 26.1 / LR 16.1 and Discovery Plan by Bliven, Foo. (Binger, Robert) **PRINT ALL** (5349D39, Prisoner ID: 353928)
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Legal Document (Payment Possibly Required) 24 Filed: 7/20/2017, Entered: 7/20/2017
NOTICE SETTING DEADLINE FOR JOINT STATUS CERTIFICATE AND PROPOSED DISCOVERY PLAN: The parties shall hold a Rule 26(d)(1) conference and file a Joint Status Certificate and Proposed Discovery Plan by 8/28/2017. The Court will issue a Scheduling Order following the parties filing of the Joint Status Certificate and Proposed Discovery Plan.(LLH, Courtroom Deputy) **3 PAGE(S), PRINT ALL** (5349D39, Prisoner ID: 353928)
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Legal Document (Payment Possibly Required) 23 Filed: 7/17/2017, Entered: 7/17/2017
ANSWER to Amended Complaint by Bliven, Foo.(Binger, Robert) **PRINT ALL** (5349D39, Prisoner ID: 353928)
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Legal Document (Payment Possibly Required) 22 Filed: 6/20/2017, Entered: 6/20/2017
Plaintiff's First Set of Interrogatories Rule 33 by 5349D39.(MO, Courtroom Deputy)
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Legal Document (Payment Possibly Required) 21 Filed: 6/15/2017, Entered: 6/16/2017
PROCESS RECEIPT AND RETURN with waiver by 5349D39 re Bliven. (SK, Case Administrator)**4 PAGES, PRINT ALL** (5349D39, Prisoner ID: 353928)
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Legal Document (Payment Possibly Required) 20 Filed: 6/15/2017, Entered: 6/16/2017
PROCESS RECEIPT AND RETURN with waiver by 5349D39 re Foo. (SK, Case Administrator)**4 PAGES, PRINT ALL** (5349D39, Prisoner ID: 353928)
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Legal Document (Payment Possibly Required) 19 Filed: 6/14/2017, Entered: 6/14/2017
NOTICE of Appearance by Robert B Binger on behalf of Bliven, Foo (Attorney Robert B Binger added to party Bliven(pty:dft), Attorney Robert B Binger added to party Foo(pty:dft))(Binger, Robert) **PRINT ALL** (5349D39, Prisoner ID: 353928)
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Legal Document (Payment Possibly Required) 18 Filed: 6/5/2017, Entered: 6/5/2017 Court Filing
ORDER ADOPTING REPORT AND RECOMMENDATION, DISMISSING FIRST AMENDED COMPLAINT IN PART AND DIRECTING SERVICE OF REMAINING CLAIMS. The Report and Recommendation, ECF No. 16 , is ADOPTED in its entirety. Plaintiffs claims against Spokane County Detention Services are DISMISSED. The USM is directed to serve defendant. Case Management Deadline set for 8/4/2017. Signed by Chief Judge Thomas O. Rice. (LLH, Courtroom Deputy) **4 PAGE(S), PRINT ALL** (5349D39, Prisoner ID: 353928)
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Blank 17 Filed: 5/19/2017, Entered: 5/19/2017 Court Filing
Clerk's ORDER OF RANDOM REASSIGNMENT. Chief Judge Thomas O. Rice assigned to case. TEXT-ONLY ENTRY; NO PDF DOCUMENT WILL ISSUE. This text-only entry constitutes the Courts order or notice on the matter. (SK, Case Administrator) **1 PAGE, PRINT NEF ONLY** (5349D39, Prisoner ID: 353928)
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Legal Document (Payment Possibly Required) 16 Filed: 5/19/2017, Entered: 5/19/2017 Court Filing
REPORT AND RECOMMENDATION TO DISMISS FIRST AMENDED COMPLAINT IN PART re 15 FIRST AMENDED COMPLAINT against Spokane County Detention Services, Correction Officer Foo and Sargent Bliven. Objections to R&R due by 6/2/2017. Signed by Magistrate Judge John T. Rodgers. (SK, Case Administrator) **4 PAGES, PRINT ALL** (5349D39, Prisoner ID: 353928)
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Legal Document (Payment Possibly Required) 15 Filed: 3/15/2017, Entered: 3/15/2017
FIRST AMENDED COMPLAINT against Spokane County Detention Services, Correction Officer Foo and Sargent Bliven. Jury Demand. Filed by 5349D39.(CV, Case Administrator) **10 PAGES, PRINT NEF ONLY**(5349D39, Prisoner ID: 353928)
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Blank  Filed: 3/10/2017, Entered: 3/10/2017
Reset Deadline: Amended Complaint/Voluntary Dismissal Deadline set for 4/18/2017 pursuant to Court Order, ECF No. 14 (CV, Case Administrator)
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Legal Document (Payment Possibly Required) 14 Filed: 3/10/2017, Entered: 3/10/2017 Court Filing
ORDER GRANTING 12 MOTION FOR EXTENSION OF TIME. Plaintiff shall comply with the directives set forth in the Order to Amend or Voluntarily Dismiss, ECF. No. 11 , on or before April 18, 2017. Signed by Magistrate Judge John T. Rodgers. (Attachments: # 1 Attachments) (CV, Case Administrator)**21 PAGES, PRINT ALL**(5349D39, Prisoner ID: 353928)
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Blank 13 Filed: 3/8/2017, Entered: 3/8/2017
NOTICE RE: NON-COMPLIANCE WITH E-FILING PROGRAM. The Eastern District of Washington received documents from you for filing through the U.S. Postal Service. Pursuant to General Order 16-35-1, participation in the E-Filing Program is mandatory for all prisoner litigants incarcerated at facilities participating in the Prison E-Filing Program. Please comply by submitting all future documents to be filed with this Court to the law librarian/designee for electronic filing. (CV, Case Administrator) **TEXT ONLY ENTRY, PRINT NEF ONLY** (5349D39, Prisoner ID: 353928)
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Legal Document (Payment Possibly Required) 12 Filed: 3/8/2017, Entered: 3/8/2017 Court Filing
MOTION for Extension of Deadline by 5349D39. Motion Hearing set for 4/7/2017 Without Oral Argument before Magistrate Judge John T. Rodgers. (Attachments: # 1 Transmittal Envelope)(CV, Case Administrator) **1 PAGE(S), PRINT NEF ONLY** (5349D39, Prisoner ID: 353928)
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Legal Document (Payment Possibly Required) 11 Filed: 1/6/2017, Entered: 1/6/2017 Court Filing
ORDER DIRECTING PLAINTIFF TO AMEND OR FILE A MOTION FOR VOLUNTARY DISMISSAL; Plaintiff may file within 60 days of the date of this order an amended complaint or attached motion to voluntarily dismiss complaint or risk dismissal and a 'strike' under 28 USC 1915(g). Amended Complaint/Voluntary Dismissal Deadline set for 3/7/2017. Signed by Magistrate Judge John T. Rodgers. (Attachments: # 1 Complaint Form)(CV, Case Administrator)
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Legal Document (Payment Possibly Required) 10 Filed: 1/6/2017, Entered: 1/6/2017
COMPLAINT against Spokane County Detention Services (Receipt # IFP) Filed by 5349D39. (Attachments: # 1 Attachment No. 1 - Standard Tort Claim Form Packet, # 2 Attachment No. 2 - Spokane County Claim for Damages Form, # 3 Attachment No. 3 - Infraction Report, # 4 Attachment No. 4 - Inmate Grievance)(CV, Case Administrator)
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Legal Document (Payment Possibly Required) 9 Filed: 1/6/2017, Entered: 1/6/2017 Court Filing
ORDER granting application to proceed In Forma Pauperis, Directing Institution to calculate, collect, and forward payment; application by plaintiff to proceed IFP is granted; DCE directed to file complaint; an initial partial filing fee will be calculated and collected by DOC (agency having custody of plaintiff). cc of Order and Acknowledgment/Authorization sent to agency. Signed by Magistrate Judge John T. Rodgers. (CV, Case Administrator)
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Legal Document (Payment Possibly Required) 8 Filed: 12/2/2016, Entered: 12/2/2016 Court Filing
Letter from 5349D39 to Judge Rodgers dated 11/22/2016 regarding inmate trust account statements (Attachments: # 1 Transmittal Envelope) (CV, Case Administrator)
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Legal Document (Payment Possibly Required) 7 Filed: 11/14/2016, Entered: 11/14/2016 Court Filing
ORDER TO COMPLY WITH FILING FEE REQUIREMENTS ( Plaintiff must either pay the full filing fee or comply with the in forma pauperis statute. ) Case Management Deadline set for 12/5/2016. Signed by Magistrate Judge John T. Rodgers. (CV, Case Administrator)
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Legal Document (Payment Possibly Required) 6 Filed: 11/14/2016, Entered: 11/14/2016
NOTICE of Change of Address by 5349D39 (CV, Case Administrator)
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Legal Document (Payment Possibly Required) 4 Filed: 9/28/2016, Entered: 9/28/2016
Letter from Clerk - Advising prisoner of case number and that a six (6) month inmate trust account statement must be provided. (CV, Case Administrator)
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Legal Document (Payment Possibly Required) 1 Filed: 9/28/2016, Entered: 9/28/2016
RECEIVED CIVIL RIGHTS COMPLAINT BY A PRISONER UNDER 42 USC 1983 - Receipt # none (IFP). Filed by 5349D39. (Attachments: # 1 Attachment No. 1 - Standard Tort Claim Form Packet, # 2 Attachment No. 2 - Spokane County Claim for Damages Form, # 3 Attachment No. 3 - Infraction Report, # 4 Attachment No. 4 - Inmate Grievance, # 5 Civil Cover Sheet, # 6 Transmittal Envelope)(CV, Case Administrator) (Attachment 4 replaced on 11/14/2016) (RG, Ops Supervisor).
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