No. 24-5274

James Arthur Ross v. Erin Reyes, Superintendent, Two Rivers Correctional Institution

Lower Court: Oregon
Docketed: 2024-08-08
Status: Denied
Type: IFP
Response WaivedIFP
Tags: amendment-of-complaint civil-procedure judicial-error oregon-revised-statutes statutory-interpretation trial-court-discretion
Latest Conference: 2024-09-30
Question Presented (from Petition)

Did the trial court error and/or abuse its discretion by not allowing petitioner to amend his complaint for the first time as a matter of right or course?

Does Or. Rev. Stat. § 138.590(8)(b) mitigate, trump or nullify the effects of Or. Rev. Stat. § 18.345(l)(o) (2011) and Schlunt v. Nooth, Multnomah County Cir. Court Case No. 06-03-31323 (2013) rev den (Or. App. 2014)?

Did the trial court error and/or abuse its discretion in concluding that Petitioner's claims under Or. Rev. Stat. § 18.345(1)(o) (2011) and Schlunt v. Nooth, 261 Or. App. 866, 326 P.3d 1289, rev den (Or. App. 2014), were barred?

What is the point of Federalism?

Do courts have inherent authority to appoint counsel regardless of the existence of any specific statute authorizing such?

Question Presented (AI Summary)

Did the trial court err and/or abuse its discretion by not allowing petitioner to amend his complaint and by concluding that claims were barred under Oregon state law?

Docket Entries

2024-10-07
The motion for leave to proceed in forma pauperis is denied, and the petition for a writ of certiorari is dismissed. See Rule 39.8.
2024-08-29
DISTRIBUTED for Conference of 9/30/2024.
2024-08-22
Waiver of Erin Reyes of right to respond submitted.
2024-08-22
Waiver of right of respondent Erin Reyes to respond filed.
2024-06-05
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 9, 2024)

Attorneys

Erin Reyes
Benjamin Noah GutmanOregon Department of Justice, Respondent
James Ross
James Arthur Ross — Petitioner