Lowery et al v. Kansas, State of et al
| John Anthony Wallingford, Ramaun Johnson, John E. Mitchell, Don McAlister, Preston M. Stotler, LaJuan S.L. Lowery, Vondell L. Simmons, Matthew G. Ozment, Zara F. Watts, III, Charles Ross, James H. Hill, Arthur Marks, Kyle R. Klofstad, Dustin Robinson, Brandon Sublett, Major Blango, Terrell Clark, Jesse A. Phillips, David M. Payne, David A. Thomas, Jr., Marquis B. Holmes, Phillip Pemberton, Ryan VanDuisen, William Cody Henshaw and Robert W. Meyer |
| Todd Thomason, James Colgan, (fnu) (lnu), E. Elaine Hulley, (fnu) King, Megan Williams, Kansas, State of, Benjamin N. Casad, Gerald Kuckleman and Leavenworth, County of |
| 5:2021cv03107 |
| April 16, 2021 |
| US District Court for the District of Kansas |
| Sam A Crow |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 |
| None |
Docket Report
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Filing 42
ORDER ENTERED: The motions (Docs. #40 , #41 ) filed by Plaintiffs Pemberton and McAlister are granted to the extent that the Court waives the initial partial filing fees for both Plaintiffs. The motions are denied as moot to the extent Plaintiffs seek an extension of time to submit the fee. Signed by Senior U.S. District Judge Sam A. Crow on 06/11/21. Mailed to pro se party Phillip Pemberton and Don McAlister by regular mail. (smnd)
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| Filing 41 MOTION for Order to Waive Initial Partial Filing Fee by Plaintiff Don McAlister. (Attachments: #1 Envelope) (smnd) |
| Filing 40 MOTION for Extension of Time to Pay Initial Partial Filing Fee by Plaintiff Phillip Pemberton. (smnd) |
| Filing 39 JUDGMENT regarding Memorandum and Order #38 dismissing matter. Signed by Deputy Clerk on 06/09/21. Mailed to pro se party Major Blango, Ramaun Johnson, John Anthony Wallingford, LaJuan S.L. Lowery, Kyle R. Klofstad, Arthur Marks, Charles Ross, Matthew G. Ozment, Zara F. Watts, III, John E. Mitchell, Preston M. Stotler, Brandon Sublett, James H. Hill, Vondell L. Simmons, Don McAlister, Dustin Robinson, David A. Thomas, Jr., David M. Payne, Jesse A. Phillip, Marquis B. Holmes, Phillip Pemberton, Robert W. Meyer, Ryan VanDuisen, Terrell Clark and William Cody Henshaw by regular mail. (smnd) |
| Filing 38 MEMORANDUM AND ORDER ENTERED: Plaintiff Lowery's motion to amend complaint (Doc. #25 ) is denied. This matter is dismissed for failure to state a claim. Signed by Senior U.S. District Judge Sam A. Crow on 06/09/21. Mailed to pro se party Major Blango, Ramaun Johnson, John Anthony Wallingford, LaJuan S.L. Lowery, Kyle R. Klofstad, Arthur Marks, Charles Ross, Matthew G. Ozment, Zara F. Watts, III, John E. Mitchell, Preston M. Stotler, Brandon Sublett, James H. Hill, Vondell L. Simmons, Don McAlister, Dustin Robinson, David A. Thomas, Jr., David M. Payne, Jesse A. Phillip, Marquis B. Holmes, Phillip Pemberton, Robert W. Meyer, Ryan VanDuisen, Terrell Clark and William Cody Henshaw by regular mail. (smnd) |
| Filing 37 RESPONSE by Plaintiff Phillip Pemberton re #13 Memorandum and Order and Order to Show Cause. (Attachments: #1 Envelope) (smnd) |
| Filing 36 RESPONSE by Plaintiff Terrell Clark re #13 Memorandum and Order and Order to Show Cause. (Attachments: #1 Envelope) (smnd) |
| Filing 35 DOCKET ANNOTATION: In response to the #14 Order filed 05/11/21, the Sheriff of the Leavenworth County Jail provided six-month account statements to the Clerk of the Court for Plaintiffs. (Attachments: #1 Marks Inmate Account Statement, #2 Sublett Inmate Account Statement, #3 Ross Inmate Account Statement, #4 Thomas Inmate Account Statement, #5 Payne Inmate Account Statement, #6 McAlister Inmate Account Statement, #7 Robinson Inmate Account Statement, #8 Hill Inmate Account Statement, #9 Phillips Inmate Account Statement, #10 Wallingford Inmate Account Statement, #11 Mitchell Inmate Account Statement, #12 Klofstad Inmate Account Statement, #13 Lowery Inmate Account Statement, #14 Blango Inmate Account Statement, #15 Holmes Inmate Account Statement, #16 Ozment Inmate Account Statement, #17 Pemberton Inmate Account Statement, #18 Stotler Inmate Account Statement, #19 Johnson Inmate Account Statement, #20 Meyer Inmate Account Statement, #21 VanDuisen Inmate Account Statement, #22 Clark Inmate Account Statement, #23 Simmons Inmate Account Statement, #24 Henshaw Inmate Account Statement, #25 Watts Inmate Account Statement, #26 Envelope) (smnd) |
| Filing 34 PRISONER ACCOUNT STATEMENT filed by Plaintiff James H. Hill. (Attachments: #1 Letter to the Court, #2 Envelope) (smnd) |
| Filing 33 RESPONSE by Plaintiff James H. Hill re #13 Memorandum and Order and Order to Show Cause. (Attachments: #1 Envelope) (smnd) |
| Filing 32 MEMORANDUM AND ORDER ENTERED: The following Plaintiffs are dismissed from this action: John Anthony Wallingford; Matthew G. Ozment; Vondell L. Simmons; Dustin Robinson; Charles Ross; Ramaun Johnson; James H. Hill; Zara F. Watts, III; Major Blango; John E. Mitchell; Kyle R. Klofstad; Preston M. Stotler; Brandon Sublett; Arthur Marks; David A. Thomas, Jr.; Ryan VanDuisen; William Cody Henshaw; and Terrell Clark. Plaintiff Stotler's motion for leave to proceed in forma pauperis (Doc. #8 ) is denied. Signed by Senior U.S. District Judge Sam A. Crow on 06/02/21. Mailed to pro se party Major Blango, Ramaun Johnson, John Anthony Wallingford, LaJuan S.L. Lowery, Kyle R. Klofstad, Arthur Marks, Charles Ross, Matthew G. Ozment, Zara F. Watts, III, John E. Mitchell, Preston M. Stotler, Brandon Sublett, James H. Hill, Vondell L. Simmons, Don McAlister, Dustin Robinson, David A. Thomas, Jr., David M. Payne, Jesse A. Phillip, Marquis B. Holmes, Phillip Pemberton, Robert W. Meyer, Ryan VanDuisen, Terrell Clark and William Cody Henshaw by regular mail. (smnd) |
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Filing 31
ORDER ENTERED: Plaintiff's motion for leave to proceed without prepayment of fees #12 is granted because plaintiff's trust fund account statement shows that he has insufficient funds to pay an initial partial filing fee. Notwithstanding this grant of leave, plaintiff is required to pay the full amount of the filing fee and is hereby assessed $350.00. Plaintiff is required to make monthly payments of 20 percent of the preceding month's income credited to the prisoner's account. The agency having custody of plaintiff shall forward payments from the prisoner's account to the clerk of the court each time the amount in the account exceeds $10.00 until the filing fees are paid. 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 06/02/21. Mailed to pro se party Jesse A. Phillips by regular mail. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (smnd)
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Filing 30
ORDER ENTERED: Plaintiff's motion to proceed in forma pauperis #23 is granted. The Court assesses an initial partial filing fee of $11.00, calculated under 28 U.S.C. 1915(b)(1). Plaintiff is granted to and including June 16, 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 06/02/21. Mailed to pro se party Don McAlister by regular mail. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (smnd)
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Filing 29
ORDER ENTERED: Plaintiff's motions to proceed in forma pauperis #15 & #22 are granted. The Court assesses an initial partial filing fee of $56.00, calculated under 28 U.S.C. 1915(b)(1). Plaintiff is granted to and including June 16, 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 06/02/21. Mailed to pro se party Robert W. Meyer by regular mail. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (smnd)
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Filing 28
ORDER ENTERED: Plaintiff's motion to proceed in forma pauperis #20 is granted. The Court assesses an initial partial filing fee of $21.00, calculated under 28 U.S.C. 1915(b)(1). Plaintiff is granted to and including June 16, 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 06/02/21. Mailed to pro se party Phillip Pemberton by regular mail. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (smnd)
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| Filing 27 RETURN mail received re #13 Memorandum and Order and #14 Order addressed to Plaintiff William Cody Henshaw (Return to Sender/Unable to Forward); Remailed to Plaintiff Henshaw at El Dorado Correctional Facility (Current Location Pursuant to KDOC). (smnd) |
| Filing 26 RESPONSE by Plaintiff Don McAlister re #13 MEMORANDUM AND ORDER AND ORDER TO SHOW CAUSE. (Attachments: #1 Envelope) (jal) |
| Filing 25 MOTION to Amend Complaint re #1 Complaint, by Plaintiff LaJuan S.L. Lowery. (Attachments: #1 Proposed Amended Civil Cover Sheet) (jal) |
| Filing 24 SUPPLEMENT to #12 MOTION for Leave to Proceed in forma pauperis by Plaintiff Jesse A. Phillips. (Attachments: #1 Cover Letter, #2 Envelope)(jal) |
| Filing 23 MOTION for Leave to Proceed in forma pauperis by Plaintiff Don McAlister. (Attachments: #1 Transaction Detail Report, #2 Envelope) (jal) |
| Filing 22 MOTION for Leave to Proceed in forma pauperis by Plaintiff Robert W. Meyer. (Attachments: #1 Transaction Detail Report, #2 Envelope) (jal) |
| Filing 21 Letter from Plaintiff Phillip Pemberton to the Court. (jal) |
| Filing 20 MOTION for Leave to Proceed in forma pauperis by Plaintiff Phillip Pemberton. (Attachments: #1 Transaction Detail Report, #2 Envelope) (jal) (Additional attachment(s) added on 6/4/2021: #3 Complete Main Document) (jal). |
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Filing 19
ORDER ENTERED: Plaintiff's motion to proceed in forma pauperis #11 is granted. The Court assesses an initial partial filing fee of $26.50, calculated under 28 U.S.C. 1915(b)(1). Plaintiff is granted to and including June 3, 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 05/20/21. Mailed to pro se party Marquis B. Holmes by regular mail. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (smnd)
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Filing 18
ORDER ENTERED: Plaintiff's motion to proceed in forma pauperis #16 is granted. The Court assesses an initial partial filing fee of $10.00, calculated under 28 U.S.C. 1915(b)(1). Plaintiff is granted to and including June 3, 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 05/20/21. Mailed to pro se party David M. Payne by regular mail. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (smnd)
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| Filing 17 SUPPLEMENT to #11 MOTION for Leave to Proceed in forma pauperis by Plaintiff Marquis B. Holmes. (Attachments: #1 Envelope) (smnd) |
| Filing 16 MOTION for Leave to Proceed in forma pauperis by Plaintiff David M. Payne. (Attachments: #1 Inmate Account Statement, #2 Envelope) (smnd) |
| INITIAL PARTIAL FILING FEE PAID on 5/19/2021. Receipt number T4631014819, in the amount of $ 6.00. (mls) |
| Filing 15 MOTION for Leave to Proceed in forma pauperis by Plaintiff Robert W. Meyer. (Attachments: #1 Handwritten Copy of Institutional Deposits, #2 Envelope) (smnd) |
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Filing 14
ORDER ENTERED: The Court directs the Sheriff of the Leavenworth County Jail to provide a six-month account statement to the Clerk of the Court for Plaintiffs Holmes and Phillips, and to provide the statement for any additional Plaintiff in this case that requests one. Signed by Senior U.S. District Judge Sam A. Crow on 05/11/21. Mailed to pro se party Major Blango, Ramaun Johnson, John Anthony Wallingford, LaJuan S.L. Lowery, Kyle R. Klofstad, Arthur Marks, Charles Ross, Matthew G. Ozment, Zara F. Watts, III, John E. Mitchell, Preston M. Stotler, Brandon Sublett, James H. Hill, Vondell L. Simmons, Don McAlister, Dustin Robinson, David A. Thomas, Jr., David M. Payne, Jesse A. Phillip, Marquis B. Holmes, Phillip Pemberton, Robert W. Meyer, Ryan VanDuisen, Terrell Clark and William Cody Henshaw by regular mail. (smnd)
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| Filing 13 MEMORANDUM AND ORDER AND ORDER TO SHOW CAUSE ENTERED: Plaintiff Lowery's Motion for Appointment of Counsel (Doc. #5 ) is denied without prejudice. Plaintiff Lowery's motion for leave to proceed in forma pauperis (Doc. #10 ) is granted. Plaintiff Lowery must submit the $6.00 initial partial filing fee by May 27, 2021. Failure to submit the fee by that date may result in dismissal without prejudice and without further notice under Fed. R. Civ. P. 41(b). Plaintiff Lowery's motion for leave to proceed in forma pauperis (Doc. #4 ) is moot and therefore denied. Plaintiffs Stotler, Holmes and Phillips must submit their six-month account statement by May 27, 2021. Failure to submit the account statement by that date may result in dismissal without further notice under Fed. R. Civ. P. 41(b). All remaining Plaintiffs must submit a proper motion for leave to proceed in forma pauperis, including the six-month account statement, by May 27, 2021. Any Plaintiff failing to submit a proper motion with the required account statement by that date will be dismissed without further notice under Fed. R. Civ. P. 41(b). Plaintiffs are granted until June 8, 2021, in which to show good cause, in writing, to the Honorable Sam A. Crow, United States District Judge, why Plaintiffs' Complaint should not be dismissed. Signed by Senior U.S. District Judge Sam A. Crow on 05/11/21. Mailed to pro se party Major Blango, Ramaun Johnson, John Anthony Wallingford, LaJuan S.L. Lowery, Kyle R. Klofstad, Arthur Marks, Charles Ross, Matthew G. Ozment, Zara F. Watts, III, John E. Mitchell, Preston M. Stotler, Brandon Sublett, James H. Hill, Vondell L. Simmons, Don McAlister, Dustin Robinson, David A. Thomas, Jr., David M. Payne, Jesse A. Phillip, Marquis B. Holmes, Phillip Pemberton, Robert W. Meyer, Ryan VanDuisen, Terrell Clark and William Cody Henshaw by regular mail. (smnd) Modified text on 5/11/2021. (smnd) |
| Filing 12 MOTION for Leave to Proceed in forma pauperis by Plaintiff Jesse A. Phillips. (Attachments: #1 Envelope) (smnd) |
| Filing 11 MOTION for Leave to Proceed in forma pauperis by Plaintiff Marquis B. Holmes. (Attachments: #1 Letter to Clerk of the Court, #2 Envelope) (smnd) |
| Filing 10 MOTION for Leave to Proceed in forma pauperis by Plaintiff LaJuan S.L. Lowery. (Attachments: #1 Inmate Account Statement, #2 Envelope) (smnd) |
| Filing 9 NOTICE OF DEFICIENCY re #8 MOTION for Leave to Proceed in forma pauperis mailed to pro se party Preston M. Stotler by regular mail. Response deadline 5/27/2021. (smnd) |
| Filing 8 MOTION for Leave to Proceed in forma pauperis by Plaintiff Preston M. Stotler. (Attachments: #1 Envelope) (smnd) |
| Filing 7 NOTICE OF DEFICIENCY mailed to pro se party David M. Payne, David A. Thomas, Jr, Ryan VanDuisen, Marquis B. Holmes, William Cody Henshaw, Robert W. Meyer, Jesse A. Phillips, Phillip Pemberton and Terrell Clark by regular mail. Response deadline 5/26/2021. (smnd) |
| Filing 6 NOTICE OF DEFICIENCY re #4 MOTION for Leave to Proceed in forma pauperis mailed to pro se party LaJuan S.L. Lowery by regular mail. Response deadline 5/26/2021. (smnd) |
| Filing 5 MOTION to Appoint Counsel by Plaintiff LaJuan S.L. Lowery. (Attachments: #1 Envelope) (smnd) |
| Filing 4 MOTION for Leave to Proceed in forma pauperis by Plaintiff LaJuan S.L. Lowery. (Attachments: #1 Affidavit of Financial Status, #2 Envelope) (smnd) |
| Filing 3 SUPPLEMENT Adding Plaintiffs to #1 Complaint by Plaintiffs LaJuan S.L. Lowery, David M. Payne, David A. Thomas, Jr, Ryan VanDuisen, Marquis B. Holmes, William Cody Henshaw, Robert W. Meyer, Jesse A. Phillips, Phillip Pemberton and Terrell Clark. (Attachments: #1 Envelope) (smnd) |
| Filing 2 NOTICE OF DEFICIENCY mailed to pro se party Major Blango, Ramaun Johnson, John Anthony Wallingford, LaJuan S.L. Lowery, Kyle R. Klofstad, Arthur Marks, Charles Ross, Matthew G. Ozment, Zara F. Watts, III, John E. Mitchell, Preston M. Stotler, Brandon Sublett, James H. Hill, Vondell L. Simmons, Don McAlister and Dustin Robinson by regular mail. Response deadline 5/19/2021. (smnd) |
| Filing 1 COMPLAINT filed by Major Blango, Ramaun Johnson, John Anthony Wallingford, LaJuan S.L. Lowery, Kyle R. Klofstad, Arthur Marks, Charles Ross, Matthew G. Ozment, Zara F. Watts, III, John E. Mitchell, Preston M. Stotler, Brandon Sublett, James H. Hill, Vondell L. Simmons, Don McAlister and Dustin Robinson. (Attachments: #1 Envelope) (smnd) |
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