Pemberton v. Leavenworth County Jail et al
Plaintiff: Phillip Pemberton
Defendant: Leavenworth County Jail, Melissa (lnu), (fnu) Thorne, (fnu) Dedeke and (fnu) (lnu)
Case Number: 5:2021cv03152
Filed: June 28, 2021
Court: US District Court for the District of Kansas
Presiding Judge: Sam A Crow
Nature of Suit: Habeas Corpus (Prison Condition)
Cause of Action: 42 U.S.C. ยง 1983
Jury Demanded By: None
Docket Report

This docket was last retrieved on January 19, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 18, 2021 Opinion or Order Filing 11 ORDER ENTERED: The court finds that plaintiff has failed to state a plausible claim for relief under 1983 or state law. The court grants plaintiff time until September 17, 2021 to show cause why this case should not be dismissed or to file a second amended complaint which corrects the deficiencies found in the amended complaint. A second amended complaint should be printed on forms supplied by the Clerk of the Court which may be supplemented. A second amended complaint should also contain all of the claims upon which plaintiff wishes to proceed in this case. Failure to respond to this order may result in the dismissal of this case. Signed by U.S. District Senior Judge Sam A. Crow on 08/18/21. Mailed to pro se party Phillip Pemberton by regular mail. (smnd)
August 12, 2021 Opinion or Order Filing 10 AMENDED COMPLAINT filed by Plaintiff Phillip Pemberton. (Attachments: #1 Exhibits, #2 Envelope) (smnd)
July 28, 2021 Opinion or Order Filing 9 ORDER ENTERED: Plaintiff's motion for appointment of counsel (Doc. No. #8 ) is denied without prejudice. Signed by U.S. District Senior Judge Sam A. Crow on 07/28/21. Mailed to pro se party Phillip Pemberton by regular mail. (smnd)
July 26, 2021 Opinion or Order Filing 8 MOTION to Appoint Counsel by Plaintiff Phillip Pemberton. (jal)
July 13, 2021 Opinion or Order Filing 7 ORDER ENTERED: The motion for appointment of counsel (Doc. No. #3 ) is denied without prejudice and the motion to amend (Doc. No. #6 ) is granted on the condition that plaintiff file a proper amended complaint by August 12, 2021. The Clerk is directed to mail plaintiff forms for bringing an action under 42 U.S.C. 1983. Signed by U.S. District Senior Judge Sam A. Crow on 07/13/21. Mailed to pro se party Phillip Pemberton by regular mail. (smnd)
July 12, 2021 Opinion or Order Filing 6 MOTION to Amend Complaint re #1 Complaint by Plaintiff Phillip Pemberton. (Attachments: #1 Exhibit - Letter, #2 Envelope) (jal)
July 6, 2021 Opinion or Order Filing 5 PRISONER TRUST FUND ACCOUNT STATEMENT by Phillip Pemberton. (jal)
July 6, 2021 Opinion or Order INITIAL PARTIAL FILING FEE PAID as to Phillip Pemberton on 7/6/2021. Receipt number T4631014834, in the amount of $ 20.00. (jsh)
June 28, 2021 Opinion or Order Filing 4 ORDER ERNTERED: Plaintiff's motion to proceed in forma pauperis #2 is granted. The Court assesses an initial partial filing fee of $20.00, calculated under 28 U.S.C. 1915(b)(1). Plaintiff is granted to and including July 12, 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 06/28/21. 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)
June 28, 2021 Opinion or Order Filing 3 MOTION to Appoint Counsel by Plaintiff Phillip Pemberton. (smnd)
June 28, 2021 Opinion or Order Filing 2 MOTION for Leave to Proceed in forma pauperis by Plaintiff Phillip Pemberton. (Attachments: #1 Inmate Account Statement) (smnd)
June 28, 2021 Opinion or Order Filing 1 COMPLAINT filed by Plaintiff Phillip Pemberton. (Attachments: #1 Envelope) (smnd)

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Defendant: Leavenworth County Jail
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Defendant: Melissa (lnu)
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Defendant: (fnu) Thorne
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Defendant: (fnu) Dedeke
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Plaintiff: Phillip Pemberton
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