Dudley (ID 91359) v. Kansas Department of Corrections et al
| James Richard Dudley |
| Kansas Department of Corrections, Jeff Zmuda, Darcie Holthaus, Centurion, (fnu) Cannan and Tommy Williams |
| 5:2023cv03016 |
| January 20, 2023 |
| US District Court for the District of Kansas |
| John W Lungstrum |
| Habeas Corpus (Prison Condition) |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| None |
Docket Report
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This docket was last retrieved on February 14, 2024. A more recent docket listing may be available from PACER.
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Filing 23
WAIVER OF SERVICE Returned Executed - Prisoner Case by Jeff Zmuda. Jeff Zmuda waiver sent on 3/20/2023, answer due 5/19/2023. (Depew, Dennis)
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Filing 22
SUMMONS RETURNED EXECUTED -- Certified Mail upon (fnu) Cannan, c/o CT Corporation System, Resident Agent; served on 2/27/2023, answer due 3/20/2023. (smnd)
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Filing 21
SUMMONS RETURNED EXECUTED -- Certified Mail upon Centurion, c/o CT Corporation System, Resident Agent; served on 2/28/2023, answer due 3/21/2023. (smnd)
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Filing 20
CORPORATE DISCLOSURE STATEMENT by Centurion identifying Centurion, LLC as corporate parent (Cox, Bryan)
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Filing 19
WAIVER of Service of Summons as to Dr. Frank Cannon by Defendants (fnu) Cannan, Centurion. (Cox, Bryan) (Modified on 2/28/2023 to correct title. (heo))
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Filing 18
WAIVER of Service of Summons as to Centurion of Kansas, LLC by Defendants (fnu) Cannan, Centurion. (Cox, Bryan) (Modified on 2/28/2023 to correct title. (heo))
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Filing 17
ENTRY OF APPEARANCE by Bryan W. Cox on behalf of (fnu) Cannan, Centurion. (Cox, Bryan)
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Filing 16
ENTRY OF APPEARANCE by John Russell Hicks on behalf of (fnu) Cannan, Centurion. (Hicks, John)
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Filing 15
MEMORANDUM AND ORDER ENTERED: Plaintiff's Motion for Temporary Restraining Order and Preliminary Injunction (Doc. #12 ) is denied. Signed by District Judge John W. Lungstrum on 2/17/2023. Mailed to pro se party James Richard Dudley by regular mail. (jal)
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Filing 14
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 Jeff Zmuda 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, Defendant Zmuda 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 docket entry for 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 District Judge John W. Lungstrum on 02/16/23. Mailed to pro se party James Richard Dudley by regular mail; e-mailed to the Kansas Attorney General and Kansas Department of Corrections. (smnd)
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Filing 13
MEMORANDUM AND ORDER ENTERED: Defendants Kansas Department of Corrections, Tommy Williams, and Darcie Holthaus are dismissed from this action. The Court will enter a separate e-service order directing the Clerk of Court to serve the Defendant Zmuda. The Clerk of the Court shall prepare summons to be served pursuant to Rule 4(c)(3) on defendants Centurion and (FNU) Cannon by the U.S. Marshal at no cost to Plaintiff. 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. The Clerk of Court shall enter the KDOC as an interested party on the docket for the limited purpose of preparing the Martinez Report. Upon the filing of that report, the KDOC may move for termination from this action. Signed by District Judge John W. Lungstrum on 02/16/23. Mailed to pro se party James Richard Dudley and Defendants by regular mail; e-mailed to the Attorney General for the State of Kansas. (smnd)
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Filing 12
MOTION for Temporary Restraining Order and Preliminary Injunction by Plaintiff James Richard Dudley. (smnd)
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Filing 11
ORDER ENTERED: Plaintiff's Second Motion for Leave to Amend Complaint (Doc. #10 ) is denied. The Clerk of the Court is directed to file pages 24-37 of Doc. 10-1 as a Motion for Temporary Restraining Order and Preliminary Injunction. Signed by District Judge John W. Lungstrum on 02/16/23. Mailed to pro se party James Richard Dudley by regular mail. (smnd)
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SUMMONS ISSUED as to Defendants (fnu) Cannan and Centurion (issued to US Marshal for service). (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (smnd)
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Filing 10
SECOND MOTION for Leave to Amend #1 Complaint by Plaintiff James Richard Dudley. (Attachments: #1 Amended Complaint) (smnd)
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Filing 9
AMENDED COMPLAINT filed by Plaintiff James Richard Dudley. (Attachments: #1 Exhibit 1, #2 Exhibit 2) (smnd)
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Filing 8
ORDER ENTERED: Plaintiff's motions (Docs. #6 and #7 ) are granted. Signed by District Judge John W. Lungstrum on 02/06/23. Mailed to pro se party James Richard Dudley by regular mail. (smnd)
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Filing 7
MOTION for Leave to Proceed Without Prepayment of Initial Partial Filing Fee by Plaintiff James Richard Dudley. (smnd)
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Filing 6
MOTION for Leave to Amend #1 Complaint by Plaintiff James Richard Dudley. (Attachments: #1 Amended Complaint) (smnd)
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Filing 5
ORDER ENTERED: Plaintiff's motion to proceed in forma pauperis #2 is granted. The Court assesses an initial partial filing fee of $4.50, calculated under 28 U.S.C. 1915(b)(1). Plaintiff is granted to and including February 3, 2023, 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 District Judge John W. Lungstrum on 01/20/23. Mailed to pro se party James Richard Dudley by regular mail. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (smnd)
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Filing 4
MEMORANDUM OF LAW IN SUPPORT of Plaintiff's Motion for a Temporary Restraining Order and Preliminary Injunction re #1 Complaint by Plaintiff James Richard Dudley. (smnd)
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Filing 3
DECLARATION IN SUPPORT of Plaintiff's Motion for a Temporary Restraining Order and Preliminary Injunction re #1 Complaint by Plaintiff James Richard Dudley. (smnd)
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Filing 2
MOTION for Leave to Proceed in forma pauperis by Plaintiff James Richard Dudley. (Attachments: #1 Inmate Account Statement) (smnd)
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Filing 1
COMPLAINT filed by Plaintiff James Richard Dudley. (Attachments: #1 Exhibit 1) (smnd)
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