Delaney (ID 72292) v. Zmuda et al
| John K. Delaney |
| Dale R. Call, Samuel Cline, Matthew C. Moore, Jeff Zmuda and Nancy D. Lamkin |
| Kansas Department of Corrections |
| 5:2021cv03056 |
| February 25, 2021 |
| US District Court for the District of Kansas |
| Sam A Crow |
| Habeas Corpus (Prison Condition) |
| 42 U.S.C. § 1983 |
| None |
Docket Report
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This docket was last retrieved on June 16, 2021. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 21 MOTION for Issuance of Summons by Plaintiff John K. Delaney. (Attachments: #1 Nancy D. Lamkin Summons) (smnd) |
| Filing 20 MEMORANDUM IN SUPPORT of #9 Response to Motion for Reconsideration by Plaintiff John K. Delaney. (Attachments: #1 KDOC Form 9, #2 Affidavit of Billy Talley) (smnd) |
| Filing 19 SURREPLY by Plaintiff John K. Delaney re: #8 MOTION for Reconsideration. (smnd) (Additional attachment(s) added on 4/7/2021: #1 Correct .pdf document attached) (smnd). |
| Filing 18 MOTION to Supplement #1 Complaint (titled Submission of New Documentation) by Plaintiff John K. Delaney. (Attachments: #1 Exhibit) (smnd) |
| Filing 17 REPLY to #13 Response to Notice of Intent to Seek Class Action Status by Plaintiff John K. Delaney. (smnd) |
| Filing 16 WAIVER OF SERVICE Returned Executed - Prisoner Case by Dale R. Call, Samuel Cline, Matthew C. Moore. (Depew, Dennis) |
| Filing 15 AFFIDAVITS in Support of #1 Complaint by Plaintiff John K. Delaney. (Attachments: #1 Affidavit Boston Boswell, #2 Affidavit John Delaney, #3 Affidavit John K. Delaney, #4 Affidavit Gerardo Garcia, #5 Affidavit Billy Talley, #6 Affidavit Charles Eugene Davison) (smnd) |
| Filing 14 REPLY TO RESPONSE TO MOTION by Defendant Jeff Zmuda re: #8 Motion for Reconsideration (Barceleau, Kathleen) |
| Filing 13 RESPONSE to #10 Notice of Intent to Seek Class Action Status by Defendant Jeff Zmuda. (Barceleau, Kathleen) Modified (mls). |
| Filing 12 MOTION to Supplement #1 Complaint (titled Submission of New Documents and Clarification) by Plaintiff John K. Delaney. (Attachments: #1 Exhibits) (smnd) |
| Filing 11 NOTICE (titled Assertion) of Imminent Danger of Serious Physical Injury by Plaintiff John K. Delaney. (smnd) |
| Filing 10 NOTICE of Intent to Seek Class Action Status by Plaintiff John K. Delaney. (smnd) |
| Filing 9 RESPONSE by Plaintiff John K. Delaney re #8 Motion for Reconsideration. (smnd) (Additional attachment(s) added on 3/19/2021: #1 Complete .pdf document attached) (smnd). |
| Filing 8 MOTION for Reconsideration re 3 Order on Motion for Leave to Proceed in forma pauperis by Defendant Jeff Zmuda (Barceleau, Kathleen) |
| Filing 7 WAIVER OF SERVICE Returned Executed - Prisoner Case by Jeff Zmuda. Jeff Zmuda waiver sent on 3/16/2021, answer due 5/17/2021. (Depew, Dennis) |
| Filing 6 MOTION to Supplement #1 Complaint (titled Submission of Documents/Evidence) by Plaintiff John K. Delaney. (Attachments: #1 Exhibits) (smnd) |
| Filing 5 SERVICE ORDER ENTERED: The Clerk of the Court shall notify the Kansas Attorney General ("AG") and the KDOC of this Service Order. The Court requests that Defendants waive formal service of process. The AG and/or the KDOC shall have thirty (30) days from entry of this Service Order to file a Waiver of Service Executed and/or a Waiver of Service Unexecuted. Upon the electronic filing of the Waiver of Service Executed, KDOC shall have sixty (60) days to prepare a report pursuant to Martinez v. Aaron, 570 F.2d 317 (10th Cir. 1978). Upon the filing of that report, the AG/Defendants shall have an additional sixty (60) days to answer or otherwise respond to the Complaint. In those cases where a Waiver of Service Unexecuted is filed, the KDOC shall have ten (10) days from the filing of the Waiver of Service Unexecuted, to supply the Clerk of Court with the last known forwarding addresses for former employees, said addresses to be placed under seal and used only for the purpose of attempting to effect service of process. Signed by U.S. Senior District Judge Sam A. Crow on 03/05/21. Mailed to pro se party John K. Delaney by regular mail.(smnd) |
| Filing 4 MEMORANDUM AND ORDER ENTERED: The Clerk of Court shall serve Defendants under the e-service pilot program in effect with the Kansas Department of Corrections ("KDOC"). Upon the electronic filing of the Waiver of Service Executed pursuant to the e-service program, KDOC shall have sixty (60) days to prepare the Martinez Report. Upon the filing of that report, the AG/Defendants shall have an additional sixty (60) days to answer or otherwise respond to the Complaint. The Clerk of Court shall enter KDOC as an interested party on the docket for the limited purpose of preparing the Martinez Report. Upon the filing of that report, KDOC may move for termination from this action. Signed by U.S. Senior District Judge Sam A. Crow on 03/05/21. Mailed to pro se party John K. Delaney. (smnd) |
Filing 3
ORDER ENTERED: Plaintiff's motion to proceed in forma pauperis #2 is granted. The Court assesses an initial partial filing fee of $1.50, calculated under 28 U.S.C. 1915(b)(1). Plaintiff is granted to and including March 18, 2021, to submit the fee. Any objection to this order must be filed on or before the date payment is due. The failure to pay the fee as directed may result in the dismissal of this matter without further notice. Plaintiff remains obligated to pay the remainder of the $350.00 filing fee. The agency having custody of plaintiff shall forward payments from plaintiff's account in installments calculated under 28 U.S.C. 1915(b)(2). The clerk is to transmit a copy of this order to plaintiff, to the finance office at the institution where plaintiff is currently confined, and to the court's finance office. Entered by U.S. Senior District Judge Sam A. Crow on 03/04/21. Mailed to pro se party John K. Delaney by regular mail. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (smnd)
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| Filing 2 MOTION for Leave to Proceed in forma pauperis by Plaintiff John K. Delaney. (smnd) |
| Filing 1 COMPLAINT filed by Plaintiff John K. Delaney. (Attachments: #1 Time Line of Events) (smnd) |
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