Dudley (ID 91359) v. Warren
| James Richard Dudley |
| (fnu) Warren |
| Kansas Department of Corrections |
| 5:2022cv03188 |
| September 1, 2022 |
| US District Court for the District of Kansas |
| John W Lungstrum |
| James P O'Hara |
| Habeas Corpus (Prison Condition) |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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| Filing 12 NOTICE to the Court by Plaintiff James Richard Dudley. (smnd) |
Filing 11
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 Defendant 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 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 Magistrate Judge James P. O'Hara on 10/24/22. Mailed to pro se party James Richard Dudley by regular mail; e-mailed to the Attorney General for the State of Kansas. (smnd)
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Filing 10
MEMORANDUM AND ORDER ENTERED: The Court will enter a separate e-service order directing the Clerk of Court to serve Defendant Warren. 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 docket entry for 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 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 Magistrate Judge James P. O'Hara on 10/24/22. Mailed to pro se party James Richard Dudley and Defendant Warren by regular mail; e-mailed to Attorney General for the State of Kansas. (smnd)
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| INITIAL PARTIAL FILING FEE PAID on 10/24/2022. Receipt number 500000150, in the amount of $ 10.00. (jal) |
| Filing 9 NOTICE to the Court by Plaintiff James Richard Dudley. (smnd) |
| Filing 8 NOTICE of Change of Address by Plaintiff James Richard Dudley, #91359: now at El Dorado Correctional Facility, P.O. Box 311, El Dorado, Kansas 67042. (smnd) |
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Filing 7
ORDER ENTERED: Plaintiff's motion to reconsider (Doc. #6 ) is granted. Plaintiff's motion for leave to proceed in forma pauperis (Doc. #3 ) is granted. Plaintiff is granted to and including October 21, 2022, to submit the initial partial filing fee of $10.00. Signed by Magistrate Judge James P. O'Hara on 09/21/22. Mailed to pro se party James Richard Dudley by regular mail. (smnd)
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| Filing 6 MOTION for Reconsideration re #5 Order by Plaintiff James Richard Dudley (referred to Magistrate Judge James P. O'Hara) (smnd) |
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Filing 5
ORDER ENTERED: Plaintiff's motion to proceed in forma pauperis (Doc. #3 ) is denied. Plaintiff is granted until October 3, 2022, to submit the $402.00 filing fee. The failure to submit the fee by that date will result in the dismissal of this matter without prejudice and without additional prior notice. Signed by District Judge John W. Lungstrum on 09/02/22. Mailed to pro se party James Richard Dudley by regular mail. (smnd)
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| Filing 4 AFFIDAVIT of Financial Status re #3 MOTION for Leave to Proceed in forma pauperis by Plaintiff James Richard Dudley. (smnd) |
| Filing 3 MOTION for Leave to Proceed in forma pauperis by Plaintiff James Richard Dudley (referred to Magistrate Judge James P. O'Hara) (Attachments: #1 Inmate Account Statement) (smnd) |
| Filing 2 SUPPLEMENT (titled Motion Showing Cause of Action) to #1 Complaint by Plaintiff James Richard Dudley. (smnd) |
| Filing 1 COMPLAINT filed by Plaintiff James Richard Dudley. (Attachments: #1 Exhibits 1-4) (smnd) |
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