Wilhelms v. Montgomery County Jail
Plaintiff: Brian Wilhelms
Defendant: Montgomery County Jail and Montgomery County Sheriff's Department
Interested Party: Montgomery County Sheriff
Case Number: 5:2023cv03033
Filed: February 8, 2023
Court: US District Court for the District of Kansas
Presiding Judge: John W Lungstrum
Nature of Suit: Habeas Corpus (Prison Condition)
Cause of Action: 42 U.S.C. ยง 1983 Prisoner Civil Rights
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on May 22, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 20, 2023 Filing 10 NOTICE of Change of Address by Plaintiff Brian Wilhelms, #01238571: now at El Dorado Correctional Facility, P.O. Box 311, El Dorado, Kansas 67042. (Attachments: #1 Envelope) (Current docket sheet mailed to Plaintiff Wilhelms at El Dorado Correctional Facility.) (smnd)
March 9, 2023 Opinion or Order Filing 9 MEMORANDUM AND ORDER ENTERED: The MCJ officials shall submit the Martinez Report by April 10, 2023. Upon the filing of that Report, the Court will screen Plaintiff's Amended Complaint. If the Amended Complaint survives screening, the Court will enter a separate order for service. The Clerk of Court shall enter the Montgomery County Sheriff as an interested party on the docket for the limited purpose of preparing the Martinez Report. Upon the filing of that report, the Montgomery County Sheriff may move for termination from this action. Signed by District Judge John W. Lungstrum on 03/09/23. Mailed to pro se party Brian Wilhelms, Montgomery County Sheriff, and Montgomery County District Attorney by regular mail. (smnd)
March 7, 2023 Filing 8 AMENDED COMPLAINT filed by Plaintiff Brian Wilhelms. (Attachments: #1 Exhibits in Support, #2 Envelope) (jal)
February 9, 2023 Opinion or Order Filing 7 MEMORANDUM AND ORDER TO SHOW CAUSE ENTERED: Plaintiff is granted until March 6, 2023, in which to show good cause, in writing to the undersigned, why Plaintiff's Complaint should not be dismissed. Plaintiff is also granted until March 6, 2023, in which to file a complete and proper amended complaint to cure all the deficiencies. Signed by District Judge John W. Lungstrum on 02/09/23. Mailed to pro se party Brian Wilhelms with 1983 forms and instructions by regular mail. (smnd)
February 9, 2023 Opinion or Order Filing 6 ORDER ENTERED: Plaintiff's motion to proceed in forma pauperis #2 is granted. The Court assesses an initial partial filing fee of $17.50, calculated under 28 U.S.C. 1915(b)(1). Plaintiff is granted to and including February 23, 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 02/09/23. Mailed to pro se party Brian Wilhelms by regular mail. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (smnd)
February 8, 2023 Filing 5 CASE TRANSFERRED IN from District of North Carolina Eastern; Case Number 5:23-ct-03036. Electronic file certified copy of transfer order and docket sheet received. (smnd)
February 8, 2023 Opinion or Order Filing 4 ORDER - the court ORDERS the clerk to TRANSFER this action to the United States District Court for the District of Kansas, where venue is proper. Signed by District Judge James C. Dever III on 2/8/2023. Copy sent to plaintiff via US Mail. (Indig, A.) [Transferred from North Carolina Eastern on 2/8/2023.]
February 6, 2023 Filing 3 Prisoner Trust Fund Account Statement (missing page 5) filed by Brian Wilhelms. (Indig, A.) [Transferred from North Carolina Eastern on 2/8/2023.]
February 6, 2023 Filing 2 MOTION to Proceed Without Prepayment of Fees filed by Brian Wilhelms. (Indig, A.) [Transferred from North Carolina Eastern on 2/8/2023.]
February 6, 2023 Filing 1 COMPLAINT against Montgomery County Jail filed by Brian Wilhelms. (Attachment: #1 Envelope) (Indig, A.) [Transferred from North Carolina Eastern on 2/8/2023.]

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Plaintiff: Brian Wilhelms
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Defendant: Montgomery County Jail
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Defendant: Montgomery County Sheriff's Department
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Interested party: Montgomery County Sheriff
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