Case: Stewart v. Walter

U.S. Court of Appeals for the Ninth Circuit

COMPLAINT (Summons) Fee-status: ifp Receipt #: ifp (FmrEmp) (Entered: 07/18/1997)

COMPLAINT (Summons(es) issued) Fee-status: ifp Receipt #: ifp (FmrEmp) (Entered: 08/29/1997)

ORDER TO PROCEED IN FORMA PAUPERIS, DISMISSING COMPLAINT IN PART WITH PREJUDICE, AND DIRECTING SERVICE (by Judge Fred L. Van Sickle); USM directed to serve dft; response due 10/14/97; IT IS ORDERED Pltff's application to proceed in forma pauperis is GRANTED and the District Court Executive is DIRECTED to file the Complaint; IT IS ORDERED Pltff's claims against the State of Washington and the Department of Corrections are DISMISSED WITH PREJUDICE as they have not basis in law or fact; Defendants Department of Corrections and State of Washington are DISMISSED. The District Court Executive is DIRECTED to terminate these two Defendants from this action and remove their names from the caption of the complaint. (cc: counsel) (FmrEmp) (Entered: 08/29/1997)

Text not available. (Entered: 08/29/1997)

ATTORNEY APPEARANCE for defendant Kay Walter, defendant Tom Rolfs, defendant McKee ; Atty Eric Andrew Mentzer appearing (PW) (Entered: 09/15/1997)

Law Clerk assigned to case is 02 (CR) (Entered: 09/17/1997)

SUMMONS/RETURN OF SERVICE executed upon defendant Kay Walter, defendant Tom Rolfs, defendant Ronald N McKee (PW) (Entered: 09/26/1997)

MOTION by plaintiff for appointment of counsel (PW) (Entered: 10/20/1997)

Notice by plaintiff Tommie L Stewart of hearing setting motion for appointment of counsel [5-1] (w/o oral argument 11/28/97 ) (PW) (Entered: 10/20/1997)

Proof of service by plaintiff of: #5 & 6 (PW) (Entered: 10/20/1997)

Defendants' Written Status Report And ... (ECH) (Entered: 10/31/1997)

...Discovery Plan pur. to FRCP 26(F) (ECH) (Entered: 10/31/1997)

MOTION by defendants for summary judgment (LE) (Entered: 11/03/1997)

Memorandum by defendants in support of motion for summary judgment [9-1] (LE) (Entered: 11/03/1997)

Statement of Material Fact by defendant in support of motion for summary judgment [9-1] (LE) (Entered: 11/03/1997)

Notice by defendants setting hearing on motion for summary judgment [9-1] (w/o oral argument 12/22/97 ) (LE) (Entered: 11/03/1997)

Proof of service by defendant of: #9-#12 & Proposed Order (LE) (Entered: 11/03/1997)

Proposed Order Granting Defendants' Motion for summary judgment [9- 1] submitted by defendant (LE) (Entered: 11/03/1997)

Letter to court from plaintiff (LE) (Entered: 11/06/1997)

TELEPHONIC SCHEDULING CONFERENCE HELD : S/FVS; no court reporter (PW) (Entered: 11/14/1997)

ORDER by Judge Fred L. Van Sickle denying motion for appointment of counsel [5-1] striking hearing on [9-1] motion for summary judgment ; Telephone status conf set 8:45 12/17/97 Spokane, WA , deft to initiate the call (cc: all counsel) (PW) (Entered: 11/14/1997)

MOTION by plaintiff for sanctions (PW) (Entered: 11/24/1997)

Notice by plaintiff of hearing setting motion for sanctions [16-1] (w/o oral argument 12/23/97 ) (PW) (Entered: 11/24/1997)

Proof of service by plaintiff of: #16 & 17 (PW) (Entered: 11/24/1997)

Proposed order re: motion for sanctions [16-1] (PW) (Entered: 11/24/1997)

Proof of service by plaintiff of: letter to Clerk (PW) (Entered: 11/26/1997)

Response by defendants to motion for sanctions [16-1] (PW) (Entered: 12/01/1997)

Proof of service by plaintiff of: letter re legal property (PW) (Entered: 12/08/1997)

SCHEDULING CONFERENCE HELD : S/FVS; no court reporter (PW) (Entered: 12/17/1997)

ORDER by Judge Fred L. Van Sickle denying motion for sanctions [16- 1] Pltf's response to motion for SJ to be filed and served on or before 1/20/98; reply by 1/28/98 (cc: all counsel) (PW) (Entered: 12/18/1997)

AMENDED CIVIL RIGHTS COMPLAINT (PW) (Entered: 12/29/1997)

MOTION by plaintiff to file amended complaint and notice of motion (PW) (Entered: 12/29/1997)

Proof of service by plaintiff of: #23 & 24 (PW) (Entered: 12/29/1997)

ORDER by Judge Fred L. Van Sickle Ruling on motion for summary judgment [9-1] is reserved denying motion to file amended complaint [24-1] (cc: all counsel) (PW) (Entered: 04/07/1998)

ORDER by Judge Fred L. Van Sickle denying defendant's motion for summary judgment with leave to renew [9-1] (cc: all counsel) (PW) (Entered: 05/06/1998)

Reply by defendants re motion for summary judgment [9-1] (PW) (Entered: 05/06/1998)

Renoted motion for summary judgment by defendants [9-1] (PW) (Entered: 05/13/1998)

ReNotice by defendant of hearing setting motion for summary judgment [9-1] (w/o oral argument 7/6/98 ) (PW) (Entered: 05/13/1998)

Proof of service by defendants of: #30,31 (PW) (Entered: 05/13/1998)

Reply by plaintiff to defendants' renotice of hearing [31-1] (PW) (Entered: 05/22/1998)

ORDER by Judge Fred L. Van Sickle granting defendant's motion for summary judgment [9-1] terminating case COB: 159-87 (cc: all counsel) (PW) (Entered: 06/30/1998)

JUDGMENT:, (cc: all counsel) COB: 159-88 (PW) (Entered: 06/30/1998)

MOTION by defendants to publish (PW) (Entered: 07/10/1998)

Memorandum by defendant in support of motion to publish [36-1] (PW) (Entered: 07/10/1998)

Notice by defendant of hearing setting motion to publish [36-1] (w/o oral argument 8/11/98 ) (PW) (Entered: 07/10/1998)

Proof of service by defendants of: #36-38 (PW) (Entered: 07/10/1998)

Proposed order re: motion to publish [36-1] submitted by defendants (PW) (Entered: 07/10/1998)

ORDER by Judge Fred L. Van Sickle denying motion to publish [36-1] (cc: pro se plaintiff & all counsel) (LE) (Entered: 07/23/1998)

Notice of appeal by plaintiff from Dist. Court decision Final Judgment dated 6/30/98 [34-2] (cc: all counsel and 9CCA) (KH) (Entered: 08/21/1998)

Memorandum by plaintiff in opposition to defendant's motion to publish (PW) Modified on 08/02/1998 (Entered: 07/30/1998)

Copy 9CCA Docket Fee Payment Notification form. Original Fee Payment form, case information sheet and copy of docket entries forwarded to 9CCA. (KH) (Entered: 08/21/1998)

Copy 9CCA certificate of record, no reported recorded hearings - Original forwarded to 9CCA (KH) (Entered: 08/21/1998)

PETITION FOR ISSUANCE OF CERTIFCATE OF PROBABLE CAUSE IN APPEAL by plaintiff Tommie L Stewart Certificate of Appealibity. (KH) (Entered: 08/27/1998)

Notification by Circuit Court of Appellate Docket Number [43-1] 9CCA Number: 98-35804 Date appeal filed: 7/27/98 (KH) (Entered: 08/31/1998)

ORDER by Judge Fred L. Van Sickle, Plaintiff's petition for a certificate of probable cause is denied as moot. DCE shall enter this order and furnish copies to Pltf and to counsel for the defense (cc: all counsel) (KH) (Entered: 08/31/1998)

ORDER by Judge Fred L. Van Sickle (This appeal has been taken in good faith) (cc: all counsel) (KH) (Entered: 10/06/1998)

COPY of 9CCA Order. (IFP has been granted, The appropriate agency or prison authority shall calculate, collect and forward the appeal payments to the District Court) 9CCA: 98-35804 (KH) (Entered: 12/07/1998)

Appeal record returned from 9CCA. 9CCA: 98-35804 (KH) (Entered: 09/15/1999)

Mandate from 9CCA. 9CCA: 98-35804 reversing in part, affirmed in part and remanded - defs are entitled to quanlfied immunity from Stewart's claim for damages;Stewart is entitled on remand to injunctive relief; Each side will bear its own costs [Appeal [43-1] (cc: all counsel) (VR) (Entered: 09/27/1999)

ORDER of injunction by Judge Fred L. Van Sickle (cc: all counsel) (VR) (Entered: 10/14/1999)