Kinnard (ID 83386) v. Kansas Department of Corrections et al
| Alfonso R. Kinnard |
| Kansas Department of Corrections, (fnu) Beardsley, (fnu) Towers and (fnu) Janzen |
| 5:2022cv03148 |
| July 20, 2022 |
| US District Court for the District of Kansas |
| Sam A Crow |
| Habeas Corpus (Prison Condition) |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| None |
Docket Report
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| Filing 8 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 (fnu) Beardsley, (fnu) Towers, and (fnu) Janzen 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. Upon the filing of that report, the Court will screen Plaintiff's Complaint and will enter an order setting an answer deadline if the Complaint survives screening. Any answer deadline set forth in the waiver of service is not controlling. 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 08/29/22. Mailed to pro se party Alfonso R. Kinnard by regular mail. (smnd) |
| Filing 7 MEMORANDUM AND ORDER ENTERED: The Court will enter a separate e-service order directing the Clerk of Court to serve Defendants. The Kansas Department of Corrections ("KDOC") shall submit the Martinez Report within sixty (60) days following the electronic filing of the Waiver of Service Executed. Upon the filing of that Report, the Court will screen Plaintiff's Complaint. If the Complaint survives screening, the Court will enter a separate order setting an answer deadline. Therefore, any answer deadline provided in the waiver of service is not controlling. Officials responsible for the operation of the HCF are directed to undertake a review of the subject matter of the Complaint. Upon completion of the review, a written report shall be compiled which shall be filed with the Court and served on Plaintiff. The Kansas Department of Corrections is dismissed as a defendant from this action. The Clerk of Court shall enter KDOC as an interested party on the docket for the limited purpose of preparing the Martinez Report ordered herein. 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 08/29/22. Mailed to pro se party Alfonso R. Kinnard and Defendants by regular mail. (smnd) Modified text on 8/29/2022. (smnd) |
| Filing 6 AMENDED COMPLAINT against (fnu) Beardsley, (fnu) Towers and (fnu) Janzen filed by Plaintiff Alfonso R. Kinnard. (Attachments: #1 Affidavit, #2 Exhibits) (smnd) |
| INITIAL PARTIAL FILING FEE PAID on 7/29/2022. Receipt number T4631015985, in the amount of $ 39.00. (jsh) |
| Filing 5 MEMORANDUM AND ORDER ENTERED: Plaintiff is granted to and including August 17, 2022, to file an amended complaint. The failure to file a timely response may result in the dismissal of this matter without additional notice. Plaintiff's motion to appoint counsel (Doc. #3 ) is denied. Signed by U.S. Senior District Judge Sam A. Crow on 07/26/22. Mailed to pro se party Alfonso R. Kinnard by regular mail. (smnd) |
Filing 4
ORDER ENTERED: Plaintiff's motion to proceed in forma pauperis #2 is granted. The Court assesses an initial partial filing fee of $39.00, calculated under 28 U.S.C. 1915(b)(1). Plaintiff is granted to and including August 4, 2022, 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 07/21/22. Mailed to pro se party Alfonso R. Kinnard by regular mail. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (smnd)
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| Filing 3 MOTION to Appoint Counsel by Plaintiff Alfonso R. Kinnard. (smnd) |
| Filing 2 POVERTY AFFIDAVIT filed as Motion for Leave to Proceed in forma pauperis by Plaintiff Alfonso R. Kinnard. (Attachments: #1 Inmate Account Statement) (smnd) Modified text to amend event on 7/21/2022. (smnd) |
| Filing 1 COMPLAINT filed by Plaintiff Alfonso R. Kinnard. (Attachments: #1 Exhibits) (smnd) |
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