Adeyinka v. Empire Towing and Transport

Oregon District Court
Judge:	Youlee Yim You
Case #:	3:23-cv-00316
Nature of Suit	440 Civil Rights - Other Civil Rights
Cause	42:1981 Civil Rights

Case Filed:	Mar 06, 2023
Terminated:	Dec 13, 2023

Last checked: Saturday Sep 02, 2023 3:55 AM PDT

Defendant Empire Towing and Transport
Defendant Burlington
Defendant Clackamas County Sheriff Office	Represented By Scott C. Ciecko Clackamas County Counsel contact info
Defendant Brett Ethington
Defendant Matt Roach
Defendant Letitia Walkers
Plaintiff Emmanuel Adeyinka P.O. Box 8131 Portland, OR 97207

GPO Sep 11 2023
Findings & Recommendations: Plaintiff's Motion for Relief (ECF 39) should be denied, and plaintiff's claims against all defendants should be dismissed with prejudice. These Findings and Recommendations will be referred to a district judge. Objections, if any, are due Monday, October 02, 2023. If no objections are filed, then the Findings and Recommendations will go under advisement on that date. If objections are filed, then a response is due within 14 days after being served with a copy of the objections. When the response is due or filed, whichever date is earlier, the Findings and Recommendations will go under advisement. Signed on 9/11/2023 by Magistrate Judge Youlee Yim You. (Associated Cases: 3:23-cv-00316-YY, ECF 39; 3:23-cv-00317-YY, ECF 36) (Deposited in outgoing mail to pro se party on 9/11/2023.) (pvh)

GPO Dec 13 2023
ORDER: Accordingly, the Court ADOPTS Judge You's F&R, ECF 40. Plaintiff's Motion for Relief, ECF 39, is DENIED, and all claims against the remaining defendants are DISMISSED with prejudice. All pending motions are DENIED as moot. IT IS SO ORDERED. Signed on 12/13/2023 by Judge Adrienne Nelson. (Associated Cases: 3:23-cv-00316-YY, Motion 39 and F&R 40; 3:23-cv-00317-YY, Motion 36 and F&R 37); (Deposited in outgoing mail to pro se party on 12/14/2023.) (pvh)

Docket last updated: 04/23/2025 11:59 PM PDT

Wednesday, December 13, 2023
47		47 order Judgment - Terminate Case Thu 12/14 8:13 AM JUDGMENT : Based on the Court's ORDER, It is adjudged that all claims brought in these consolidated cases are DISMISSED with prejudice. Signed on 12/13/2023 by Judge Adrienne Nelson. (Associated Cases: 3:23-cv-00316-YY, 3:23-cv-00317-YY); (Deposited in outgoing mail to pro se party on 12/14/2023.) (pvh) Related: [-]
46		46 3 pgs order Order on Motion Order on Findings & Recommendation Thu 12/14 8:09 AM ORDER : Accordingly, the Court ADOPTS Judge You's F&R, ECF40 . Plaintiff's Motion for Relief, ECF39 , is DENIED, and all claims against the remaining defendants are DISMISSED with prejudice. All pending motions are DENIED as moot. IT IS SO ORDERED. Signed on 12/13/2023 by Judge Adrienne Nelson. (Associated Cases: 3:23-cv-00316-YY, Motion39 and F&R40 ; 3:23-cv-00317-YY, Motion36 and F&R37 ); (Deposited in outgoing mail to pro se party on 12/14/2023.) (pvh) Related: [-]
Thursday, October 26, 2023
45		45 appeal USCA Order Tue 10/31 3:35 PM Order from USCA for the 9th Circuit, USCA # 23-35311 re Notice of Appeal(20 in 3:23-cv-00316-YY, 19 in 3:23-cv-00317-YY). The motion to recall the mandate (Docket Entry No.5 ) is denied because there are no extraordinary circumstances to support such relief. See Calderon v. Thompson, 523 U.S. 538, 550 (1998). All other pending motions are denied as moot. No further filings will be entertained in this closed case. Associated Cases: 3:23-cv-00316-YY, 3:23-cv-00317-YY (ecp) Related: [-]
Monday, October 02, 2023
		order Order Mon 10/02 1:48 PM ORDER : Plaintiff has filed a "Waiver of Service of Summons"43 . This waiver is invalid as plaintiff signed it, not defendant. Ordered by Magistrate Judge Youlee Yim You. (Deposited in outgoing mail to pro se party on 10/2/2023.) (pvh) Related: [-]
Friday, September 29, 2023
43		43 service Waiver of Service Summons Mon 10/02 10:44 AM Waiver of Service of Summons. Filed by Emmanuel Adeyinka. (dino) Related: [-]
Friday, September 15, 2023
42		42 resp Objections to Findings & Recommendation Mon 09/18 9:06 AM Objections to Findings & Recommendation: Plaintiff's Motion for Relief Motion (ECF No. 36 in 3:23-cv-00317-YY, ECF No.39 in 3:23-cv-00316-YY) should be denied (ECF No.40 in 3:23-cv-00316-YY, ECF No. 37 in 3:23-cv-00317-YY). Filed by Emmanuel Adeyinka. Associated Cases: 3:23-cv-00316-YY, 3:23-cv-00317-YY (dino) Related: [-]
Monday, September 11, 2023
40		40 motion Findings & Recommendation Mon 09/11 12:22 PM Findings & Recommendations : Plaintiff's Motion for Relief (ECF39 ) should be denied, and plaintiff's claims against all defendants should be dismissed with prejudice. These Findings and Recommendations will be referred to a district judge. Objections, if any, are due Monday, October 02, 2023. If no objections are filed, then the Findings and Recommendations will go under advisement on that date. If objections are filed, then a response is due within 14 days after being served with a copy of the objections. When the response is due or filed, whichever date is earlier, the Findings and Recommendations will go under advisement. Signed on 9/11/2023 by Magistrate Judge Youlee Yim You. (Associated Cases: 3:23-cv-00316-YY, ECF39 ; 3:23-cv-00317-YY, ECF36 ) (Deposited in outgoing mail to pro se party on 9/11/2023.) (pvh) Related: [-]
		order Findings & Recommendation Referred Mon 09/11 12:28 PM ORDER : referring Findings & Recommendations (40 in 3:23-cv-00316-YY,37 in 3:23-cv-00317-YY) and Motion (36 in 3:23-cv-00317-YY,39 in 3:23-cv-00316-YY), to Judge Adrienne Nelson for her review and determination. Ordered by Magistrate Judge Youlee Yim You. (Associated Cases: 3:23-cv-00316-YY, 3:23-cv-00317-YY) (Deposited in outgoing mail to pro se party on 9/11/2023.) (pvh) Related: [-]
Thursday, August 31, 2023
39		39 motion Motion - Miscellaneous Fri 09/01 9:25 AM Motion of Relief. Filed by Emmanuel Adeyinka. Associated Cases: 3:23-cv-00316-YY, 3:23-cv-00317-YY (dino) Related: [-]
Thursday, August 03, 2023
38		38 cmp Amended Complaint (ALL CASE TYPES) Fri 08/04 11:26 AM Fourth Amended Complaint. Filed by Emmanuel Adeyinka against All Defendants. (dino) Related: [-]
37		37 motion Motion - Miscellaneous Fri 08/04 11:05 AM Motion of Relief. Filed by Emmanuel Adeyinka. (dino) Related: [-]
Tuesday, August 01, 2023
36		36 motion Motion - Miscellaneous Thu 08/03 12:42 PM Motion of Relief. Filed by Emmanuel Adeyinka. (dino) Related: [-]
Friday, July 28, 2023
35		35 motion Motion - Miscellaneous Tue 08/01 10:32 AM Motion. Filed by Emmanuel Adeyinka. Associated Cases: 3:23-cv-00316-YY, 3:23-cv-00317-YY. (dino) Related: [-]
34		34 motion Motion - Miscellaneous Tue 08/01 10:29 AM Motion of Relief. Filed by Emmanuel Adeyinka. Associated Cases: 3:23-cv-00316-YY, 3:23-cv-00317-YY. (dino) Related: [-]
		order 1 - Scheduling Fri 07/28 4:00 PM ORDER : Plaintiff has filed a Fourth Amended Complaint, but it contains no caption. The Clerk's Office shall mail plaintiff a copy of the Complaint form, and plaintiff shall refile his Fourth Amended Complaint using this form by August 18, 2023. Ordered by Magistrate Judge Youlee Yim You. Associated Cases: 3:23-cv-00316-YY, 3:23-cv-00317-YY (Order and blank Complaint form deposited in outgoing mail to pro se party on 7/28/2023.) (pvh) Related: [-]
Wednesday, July 26, 2023
32		32 cmp Amended Complaint (ALL CASE TYPES) Thu 07/27 12:51 PM Fourth Amended Complaint. Filed by Emmanuel Adeyinka against All Defendants. (dino) Related: [-]
Monday, July 17, 2023
31		31 trial Exhibit Mon 07/17 4:28 PM Exhibit. Filed by Emmanuel Adeyinka. Associated Cases: 3:23-cv-00316-YY, 3:23-cv-00317-YY (dino) Related: [-]
Friday, July 07, 2023
		order 1 - Scheduling Fri 07/07 9:55 AM ORDER : Plaintiff's Motion for Extension of time28 is granted. Plaintiff's amended complaint shall be filed by July 31, 2023. Ordered by Magistrate Judge Youlee Yim You. (Associated Cases: 3:23-cv-00316-YY, 3:23-cv-00317-YY; related documents: Motion for Extension of Time (28 in 3:23-cv-00316-YY,27 in 3:23-cv-00317-YY)). (Deposited in outgoing mail to pro se party on 7/07/2023.) (pvh) Related: [-]
Wednesday, June 28, 2023
		order 1 - Scheduling Wed 06/28 1:52 PM ORDER : Any opposition to plaintiff's Motion for Extension28 shall be filed by July 6, 2023. Otherwise, the court will extend the deadline for filing an amended complaint to July 31, 2023. Ordered by Magistrate Judge Youlee Yim You. Associated Cases: 3:23-cv-00316-YY, 3:23-cv-00317-YY (Deposited in outgoing mail to pro se party on 6/28/2023.) (pvh) Related: [-]
Tuesday, June 27, 2023
28		28 motion Extension of Time Wed 06/28 10:31 AM Motion for Extension of Time. Filed by Emmanuel Adeyinka. Associated Cases: 3:23-cv-00316-YY, 3:23-cv-00317-YY (dino) Related: [-]
Friday, June 23, 2023
27		27 appeal Mandate of USCA Fri 06/23 12:55 PM MANDATE of USCA for the 9th Circuit, USCA # 23-35311 re Notice of Appeal (20 in 3:23-cv-00316-YY, 19 in 3:23-cv-00317-YY). This appeal is: DISMISSED. Associated Cases: 3:23-cv-00316-YY, 3:23-cv-00317-YY (ecp) Related: [-]
26		26 appeal USCA Order Fri 06/23 12:51 PM Order from USCA for the 9th Circuit, USCA # 23-35311 re Notice of Appeal(20 in 3:23-cv-00316-YY, 19 in 3:23-cv-00317-YY). A review of the record demonstrates that this court lacks jurisdiction over this appeal because the district court vacated the judgment challenged in this appeal and reopened the case. Because the action is still pending in the district court, this appeal is dismissed for lack of jurisdiction. See 28 U.S.C. � 1291. DISMISSED Associated Cases: 3:23-cv-00316-YY, 3:23-cv-00317-YY (ecp) Related: [-]
Tuesday, May 30, 2023
25		25 4 pgs order Order Tue 05/30 11:06 AM ORDER : By June 30, 2023, plaintiff shall file a fourth amended complaint that cures the deficiencies outlined in this order or this case may be dismissed. Signed on 5/30/2023 by Magistrate Judge Youlee Yim You. Associated Cases: 3:23-cv-00316-YY, 3:23-cv-00317-YY. (Deposited in outgoing mail to pro se party on 5/30/2023.) (pvh) Related: [-]
23		23 oth_doc Settlement Agreement Tue 05/30 10:34 AM Settlement Agreement . Filed by Clackamas County Sheriff Office. Associated Cases: 3:23-cv-00316-YY, 3:23-cv-00317-YY (Ciecko, Scott) Related: [-]
		minute Motion Hearing Held Tue 05/30 10:56 AM MINUTES of Proceedings : Telephonic hearing held regarding scope of settlement agreement signed by plaintiff. Plaintiff represented on the record that he has agreed to dismiss all claims against Clackamas County and Clackamas County Sheriff's Office deputies. Plaintiff intends to pursue his case against Empire Towing and Transports and Burlington. Plaintiff was advised that an order is forthcoming regarding the deficiencies in his complaint as to the remaining defendants. The Clerk of the Court shall mail plaintiff the Complaint form so that he can file a fourth amended complaint within 30 days. Plaintiff Emmanuel Adeyinka present, appearing pro se . Scott Ciecko present as counsel for Clackamas County defendants only. Court Reporter: FTR - 12B. Magistrate Judge Youlee Yim You presiding. Associated Cases: 3:23-cv-00316-YY, 3:23-cv-00317-YY (Deposited in outgoing mail to pro se party on 5/30/2023.) (pvh) Modified text on 5/30/2023 (pvh) Related: [-]
Tuesday, May 16, 2023
21		21 1 pgs order Order Tue 05/16 7:50 AM ORDER : On April 24, 2023, the court entered judgment dismissing the case based on what appeared to be a stipulation of the parties. Since then, plaintiff has notified the court that he did not stipulate for the case to be dismissed. Under Rule 60(b), the court may, on its own motion, vacate a judgment based on "mistake" or "any other reason that justifies relief." See Kingvision Pay-Per-View Ltd. v. Lake Alice Bar , 168 F.3d 347 (1999). Because it appears that the court mistakenly entered a judgment of dismissal in this case, the judgment is vacated on this court's own motion under Rule 60(b), and the Clerk of the Court is directed to reopen these consolidated cases. IT IS SO ORDERED. Signed on 5/16/2023 by Magistrate Judge Youlee Yim You. Associated Cases: 3:23-cv-00316-YY, 3:23-cv-00317-YY (Deposited in outgoing mail to pro se party on 5/16/2023.) (pvh) Related: [-]
		order 1 - Scheduling Tue 05/16 8:17 AM Scheduling Order : SETTING a Telephonic Hearing for Tuesday, May 30, 2023, at 10:00 a.m. before Magistrate Judge Youlee Yim You. Call-in information will be provided to plaintiff by U.S.P.S. Mail at the address on file. Ordered by Magistrate Judge Youlee Yim You. Associated Cases: 3:23-cv-00316-YY, 3:23-cv-00317-YY (Deposited in outgoing mail to pro se party on 5/16/2023.) (pvh) Related: [-]
Thursday, May 04, 2023
		appeal USCA Case Number Thu 05/04 2:08 PM USCA Case Number and Notice confirming Docketing Record on Appeal re Notice of Appeal(20 in 3:23-cv-00316-YY, 19 in 3:23-cv-00317-YY). Case Appealed to Ninth Circuit Court of Appeals Case Number 23-35311 assigned. Associated Cases: 3:23-cv-00316-YY, 3:23-cv-00317-YY (ecp) Related: [-]
Monday, May 01, 2023
20		20 appeal Notice of Appeal Wed 05/03 9:55 AM Notice of Appeal. Related Documents: Judgment19 (18 in 3:23-cv-00317-YY). (IFP Granted). Filed by Emmanuel Adeyinka. Associated Cases: 3:23-cv-00316-YY, 3:23-cv-00317-YY (dino) Related: [-]
Monday, April 24, 2023
19		19 order Judgment - Terminate Case Wed 04/26 1:26 PM JUDGMENT : Pursuant to the settlement agreement signed by plaintiff on April 19, 2023, and which states that it "shall constitute full and final settlement of the above referenced lawsuits," a "general judgment of dismissal, with prejudice, is entered as to all parties and claims," i.e., a "full dismissal of both actions." Signed on 4/24/2023 by Magistrate Judge Youlee Yim You. Associated Cases: 3:23-cv-00316-YY, 3:23-cv-00317-YY. (Deposited in outgoing mail to pro se party on 4/26/2023.) (pvh) Related: [-]
Wednesday, April 19, 2023
18		18 oth_sup Supplement Thu 04/20 2:04 PM Supplement (Titled: Proof of Ownership) . Filed by Emmanuel Adeyinka. (kgc) Related: [-]
Friday, March 24, 2023
17		17 oth_sup Supplement Wed 03/29 12:55 PM Supplement. Filed by Emmanuel Adeyinka. (kgc) Related: [-]
Friday, March 17, 2023
16		16 oth_sup Supplement Tue 03/21 12:24 PM Supplement. Filed by Emmanuel Adeyinka. Associated Cases: 3:23-cv-00316-YY, 3:23-cv-00317-YY (kgc) Related: [-]
Wednesday, March 15, 2023
15		15 1 pgs order Order Wed 03/15 10:58 AM NOTICE TO SELF-REPRESENTED LITIGANTS . Ordered by Magistrate Judge Youlee Yim You. (Deposited in outgoing mail to pro se party on 3/15/2023.) (pvh) Related: [-]
Tuesday, March 14, 2023
14		14 cmp Amended Complaint (ALL CASE TYPES) Wed 03/15 8:12 AM Amended Complaint 3. Filed by Emmanuel Adeyinka against All Defendants. (kgc) Related: [-]
13		13 trial Exhibit Tue 03/14 3:18 PM Exhibit. Filed by Emmanuel Adeyinka. Associated Cases: 3:23-cv-00316-YY, 3:23-cv-00317-YY (kgc) Related: [-]
Monday, March 13, 2023
12		12 cmp Amended Complaint (ALL CASE TYPES) Tue 03/14 10:21 AM Amended Complaint. Filed by Emmanuel Adeyinka against All Defendants. (kgc) Related: [-]
11		11 order 1 - Scheduling Mon 03/13 10:41 AM ORDER : Plaintiff shall file a second amended complaint by April 14, 2023, curing the defects set forth in this order or this case may be dismissed. Because the cases have been consolidated, it is only necessary to file the second amended complaint in case no. 3:23-cv-00316-YY. Also, because the cases have been consolidated, the second amended complaint must include all claims, and all defendants against whom plaintiff seeks to pursue those claims, in both cases. IT IS SO ORDERED. Signed on 3/13/2023 by Magistrate Judge Youlee Yim You. Associated Cases: 3:23-cv-00316-YY, 3:23-cv-00317-YY (Deposited in outgoing mail to pro se party on 3/13/2023.) (pvh) Related: [-]
6		6 oth_evt Case Reassignment Notice - FORM EVENT Mon 03/13 9:34 AM Notice of Case Reassignment: This case has been reassigned from Magistrate Judge Stacie F. Beckerman to Magistrate Judge Youlee Yim You. (Deposited in outgoing mail to pro se party on 3/13/23.) (eo) Related: [-]
		order Order on Motion/Application for Leave to Proceed IFP FORM EVENT Mon 03/13 9:51 AM ORDER : Granting Motion for Leave to Proceed in Forma Pauperis 1 . Ordered by Magistrate Judge Youlee Yim You. (Deposited in outgoing mail to pro se party on 3/13/2023.) (pvh) Related: [-]
		order Order on Motion for Appointment of Counsel Mon 03/13 10:06 AM ORDER : Plaintiff's motion for appointment of counsel4 is denied. There is no constitutional right to counsel in a civil case. United States v. 30.64 Acres of Land , 795 F.2d 796, 801 (9th Cir. 1986). Pursuant to 28 U.S.C. � 1915(e), this court has discretion to request volunteer counsel for indigent plaintiffs in exceptional circumstances. Agyeman v. Corrections Corporation of America , 390 F.3d 1101, 1103 (9th Cir. 2004) (citing Franklin v. Murphy, 745 F.2d 1221, 1236 (9th Cir. 1984)). To determine whether exceptional circumstances exist, the court evaluates "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 , 390 F.3d at 1103 (quoting Wilborn v. Escalderon , 789 F.2d 1328, 1331 (9th Cir. 1986)). Plaintiff has failed to demonstrate a likelihood of success on the merits here. Ordered by Magistrate Judge Youlee Yim You. (Deposited in outgoing mail to pro se party on 3/13/2023.) (pvh) Related: [-]
		order Order Mon 03/13 10:33 AM ORDER : Because case nos. 3:23-cv-00316-YY and 3:23-cv-00317-YY involve a common question of law and fact, they are consolidated pursuant to Federal Rule of Civil Procedure 42(a). Case No. 3:23-cv-00316-YY is the lead case and all orders and decisions pertaining to both cases will be entered in that case. The parties shall adhere to Local Rule 42-4, "Identifying Lead Case Information on Consolidated Papers," when submitting future pleadings in these matters. Ordered by Magistrate Judge Youlee Yim You. (Deposited in outgoing mail to pro se party on 3/13/2023.) (pvh) Related: [-]
Friday, March 10, 2023
8		8 limited Consent to Jurisdiction by Magistrate Judge - by Party Mon 03/13 9:59 AM Individual Party Consent to Jurisdiction by U.S. Magistrate Judge. (kgc) Related: [-]
Thursday, March 09, 2023
5		5 cmp Amended Complaint (ALL CASE TYPES) Thu 03/09 2:44 PM Amended Complaint. Filed by Emmanuel Adeyinka against Empire Towing and Transport, Clackamas County Sheriff Office, Burlington, Matt Roach, Brett Ethington, Letitia Walkers. (ecp) Related: [-]
4		4 motion Appoint Counsel Thu 03/09 2:36 PM Motion for Appointment of Counsel. Filed by Emmanuel Adeyinka. (kgc) Related: [-]
Monday, March 06, 2023
3		3 oth_evt Case Assignment Notice - FORM EVENT Mon 03/06 2:07 PM Notice of Case Assignment: This case is assigned to Magistrate Judge Stacie F. Beckerman. (Deposited in outgoing mail to pro se party on 3/6/2023.) (kgc) Related: [-]
2		2 cmp Complaint Mon 03/06 2:02 PM Complaint. Jury Trial Requested: Yes. Filed by Emmanuel Aleyleka against All Defendants. (kgc) Related: [-]
		Att: 1 Civil Cover Sheet
1		1 motion Application for Leave to Proceed IFP Mon 03/06 1:56 PM Application for Leave to Proceed IFP. Filed by Empire Towing and Transport. (kgc) Related: [-]

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