Baskin (ID 52888) v. Thomas et al
| Benton Gene Baskin and Benton G. Baskin |
| Todd Thomas, Gerald Walker, Marci Gottfredson, (fnu) Westbrook, Daniel Schnurr, (fnu) Giaboian and (fnu) Diaz |
| 5:2023cv03212 |
| September 22, 2023 |
| US District Court for the District of Kansas |
| John W Lungstrum |
| Angel D Mitchell |
| Julie A Robinson |
| Habeas Corpus (Prison Condition) |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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This docket was last retrieved on January 16, 2024. A more recent docket listing may be available from PACER.
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Filing 64
RESPONSE (titled: Plaintiff Baskin's Motion to Dismiss Defendant Westbrook's Motion to Dismiss) by Plaintiff Benton Gene Baskin re #59 Motion to Dismiss for Failure to State a Claim. (Attachments: #1 Memorandum in Support) (jal)
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Filing 63
SUPPLEMENT to #61 MOTION to Appoint Counsel, Exhibit C by Plaintiff Benton Gene Baskin. (jal)
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Filing 62
ORDER ENTERED: Plaintiff Benton Gene Baskin's Motion for Appointment of Counsel (ECF #61 ) is denied without prejudice to refiling after the district judge rules on any forthcoming summary judgment motions. Signed by Magistrate Judge Angel D. Mitchell on 10/31/2023. Mailed to pro se party Benton Gene Baskin by regular mail. (jal)
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Filing 61
MOTION to Appoint Counsel by Plaintiff Benton Gene Baskin. (referred to Magistrate Judge Angel D. Mitchell) (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D) (jal)
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Filing 60
MEMORANDUM IN SUPPORT of #59 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant (fnu) Westbrook(Rottinghaus, Thomas)
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Filing 59
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant (fnu) Westbrook (Rottinghaus, Thomas)
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Filing 58
ANSWER to #1 Complaint by (fnu) Diaz, (fnu) Giaboian.(Shoger, Matthew)
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Filing 57
ANSWER to #1 Complaint by (fnu) Westbrook.(Rottinghaus, Thomas)
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Filing 56
ENTRY OF APPEARANCE by Thomas A. Rottinghaus on behalf of (fnu) Westbrook. (Rottinghaus, Thomas)
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Filing 55
CLERKS ORDER EXTENDING TIME until 10/19/2023 for Defendants (fnu) Giaboian, (fnu) Diaz to answer or otherwise plead. Signed by deputy clerk on 10/05/2023. Mailed to pro se Plaintiff Benton Gene Baskin #52888 at HUTCHINSON Correctional Facility PO Box 1568, Hutchinson, KS 67504 by regular mail. (jk)
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Filing 54
SCHEDULING ORDER: Discovery requests must be served by 1/19/2024. Proposed Pretrial Order due by 2/23/2024. Dispositive motion deadline 2/23/2024 or if the parties submit a proposed pretrial order the deadline is 3/22/2024. See Order for full list of deadlines. Signed by Magistrate Judge Angel D. Mitchell on 9/29/2023. Mailed to pro se party Benton Gene Baskin by regular mail. (ca)
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Filing 53
MINUTE ORDER REASSIGNING CASE: Case reassigned to District Judge Julie A. Robinson and Magistrate Judge Angel D. Mitchell for all further proceedings. District Judge John W. Lungstrum no longer assigned to case. Entered by Deputy Clerk on 09/25/23. Mailed to pro se party Benton Gene Baskin by regular mail. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (smnd)
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Filing 52
Letter from U.S. District Court of Kansas regarding case transfer. (jal)
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Filing 51
CASE TRANSFERRED IN from District of Arizona; Case Number 2:21-cv-01890. Electronic file certified copy of transfer order and docket sheet received. (jal)
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Filing 50
ORDER: The reference to the Magistrate Judge is withdrawn as to KDOC Defendants' Motion for Reconsideration #41 , and the Motion is denied. Plaintiff's obligation to respond to the Court's Order to Show Cause #40 is discharged. The Clerk of Court must transfer this action to the United States District Court for the District of Kansas pursuant to 28 U.S.C. 1406(a). The Clerk of Court must close this case. Signed by Judge Steven P Logan on 9/21/2023. (REK) [Transferred from Arizona on 9/22/2023.]
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Filing 49
RESPONSE re: #46 Clerks Judgment, #45 Order by Plaintiff Benton Gene Baskin. (6 Pages) (REK) [Transferred from Arizona on 9/22/2023.]
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Filing 48
RESPONSE TO ORDER TO SHOW CAUSE re: #40 Order, Order to Show Cause, Terminate Motions by Plaintiff Benton Gene Baskin. (16 Pages and Envelope) (REK) [Transferred from Arizona on 9/22/2023.]
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Filing 47
ORDER that the Court's August 14, 2023 Order #45 and the Clerk's Judgment #46 are vacated. Plaintiff's deadline to respond to the Order to Show Cause #40 remains August 21, 2023. Signed by Judge Steven P Logan on 8/17/2023. (REK) [Transferred from Arizona on 9/22/2023.]
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Filing 46
*VACATED by #47 * CLERK'S JUDGMENT - Pursuant to the Court's order filed August 14, 2023, Plaintiff to take nothing, and the complaint and action are dismissed without prejudice. (REK) Modified on 8/17/2023 (REK). [Transferred from Arizona on 9/22/2023.]
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Filing 45
*VACATED by #47 * ORDER: The reference to the Magistrate Judge is withdrawn as to the KDOC Defendants' Motion for Reconsideration #41 and the Motion is denied as moot. The Court's Order to Show Cause #40 is discharged because the time to respond has expired, and Plaintiff did not file a timely response. This action is dismissed without prejudice for lack of personal jurisdiction and venue; the Clerk of Court must enter judgment accordingly. Signed by Judge Steven P Logan on 8/14/2023. (REK) Modified on 8/17/2023 (REK). [Transferred from Arizona on 9/22/2023.]
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Filing 44
ORDER: Plaintiff's Motion to Extend #43 is GRANTED. Plaintiff has through August 21, 2023 to respond to the Order to Show Cause #40 . Signed by Magistrate Judge James F Metcalf on 8/09/2023. (REK) [Transferred from Arizona on 9/22/2023.]
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Filing 43
MOTION for Extension of Time to File Response/Reply as to #40 Order to Show Cause by Benton Gene Baskin. (6 Pages) (REK) [Transferred from Arizona on 9/22/2023.]
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Filing 42
MEMORANDUM in Support of Memo #41 MOTION for Reconsideration by Defendants Unknown Diaz, Unknown Giaboian. (Shoger, Matthew) [Transferred from Arizona on 9/22/2023.]
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Filing 41
*MOTION for Reconsideration re: #40 Order by Unknown Diaz, Unknown Giaboian. (Shoger, Matthew) *Modified to add document link on 7/27/2023 (REK). [Transferred from Arizona on 9/22/2023.]
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Filing 40
ORDER AND ORDER TO SHOW CAUSE - The reference to the Magistrate Judge is withdrawn as to Defendant Westbook's Motion to Dismiss and KDOC Defendants' Motions to Dismiss or Transfer to the District of Kansas (Docs. #20 , #21 ). Defendants' Motions (Doc. #20 , #21 ) are granted in part insofar as the Court finds it lacks personal jurisdiction and venue over Plaintiff's claims, and these claims must be transferred or dismissed; the Motions are otherwise denied. Within 15 days of this Order, Plaintiff must show cause in writing why this action should be transferred to the District of Kansas instead of dismissed. If Plaintiff does not respond to the Order to Show Cause within 15 days or does not show cause why this action should be transferred to the District of Kansas instead of dismissed, the Court will dismiss this action in its entirety for lack of personal jurisdiction over Defendants. Signed by Judge Steven P Logan on 7/17/23. (SMF) [Transferred from Arizona on 9/22/2023.]
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Filing 39
ORDER: Plaintiff's Motion to Appoint Counsel #38 is DENIED WITHOUT PREJUDICE. Signed by Magistrate Judge James F Metcalf on 6/09/2023. (REK) [Transferred from Arizona on 9/22/2023.]
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Filing 37
ORDER - A. Plaintiff's Response (Doc. #35 ) to the Motion to Dismiss for Lack of Jurisdiction, for Failure to State a Claim, or Motion to Transfer (Doc. #21 ) be STRICKEN. B. Plaintiff's Response (Doc. #36 ) to the Motion to Dismiss (Doc. #20 ) be STRICKEN. See document for complete details. Signed by Magistrate Judge James F Metcalf on 6/7/2023. (WLP) [Transferred from Arizona on 9/22/2023.]
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Filing 38
MOTION to Appoint Counsel by Benton Gene Baskin. (10 Pages) (REK) [Transferred from Arizona on 9/22/2023.]
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Filing 36
STRICKEN pursuant to #37 -- RESPONSE to Motion re: #20 MOTION to Dismiss for Lack of Jurisdiction filed by Benton Gene Baskin. (41 Pages) (Attachments: #1 Exhibit)(REK) Modified on 6/7/2023 (WLP). [Transferred from Arizona on 9/22/2023.]
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Filing 35
STRICKEN pursuant to #37 -- RESPONSE to Motion re: #21 MOTION to Dismiss for Lack of Jurisdiction, RESPONSE to Motion re: #21 MOTION to Dismiss for Failure to State a Claim, MOTION to Change Venue/Transfer Case filed by Benton Gene Baskin. (10 Pages) (REK) Modified on 6/7/2023 (WLP). [Transferred from Arizona on 9/22/2023.]
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Filing 34
ORDER: Plaintiff's Motion to Extend #30 is GRANTED. Plaintiff has through April 5, 2023 to respond to Defendants Diaz and Giaboian's Motion to Dismiss or in the alternative to Transfer #21 . Plaintiff's Motion to Extend #31 is granted. Plaintiff has through April 5, 2023 to respond to Defendants Westbrook's Motion to Dismiss #20 . Signed by Magistrate Judge James F Metcalf on 3/24/2023. (REK) [Transferred from Arizona on 9/22/2023.]
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Filing 33
*RESPONSE to Motion (Notice of Non-Opposition) re: #31 MOTION for Extension of Time to File Response/Reply as to #20 MOTION to Dismiss for Lack of Jurisdiction filed by Unknown Westbrook. (Lacaillade, Courtney) *Modified to correct event and text on 3/15/2023 (REK). [Transferred from Arizona on 9/22/2023.]
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Filing 32
ORDER: Plaintiff's Motion to Appoint Counsel #29 is DENIED WITHOUT PREJUDICE. Signed by Magistrate Judge James F Metcalf on 3/10/2023. (REK) [Transferred from Arizona on 9/22/2023.]
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Filing 31
MOTION for Extension of Time to File Response/Reply as to #20 MOTION to Dismiss for Lack of Jurisdiction by Benton Gene Baskin. (3 Pages) (REK) [Transferred from Arizona on 9/22/2023.]
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Filing 30
MOTION for Extension of Time to File Response/Reply as to #21 MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction MOTION to Change Venue/Transfer Case by Benton Gene Baskin. (5 Pages) (REK) [Transferred from Arizona on 9/22/2023.]
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Filing 29
MOTION to Appoint Counsel by Benton Gene Baskin. (27 Pages) (REK) [Transferred from Arizona on 9/22/2023.]
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Filing 28
ORDER: Plaintiff's Motion to Extend #25 is GRANTED. Plaintiff's Motion to Extend #26 is GRANTED. Plaintiff has through March 6, 2023 to respond to the Motion to Dismiss for Lack of Jurisdiction #25 . Plaintiff has through March 6, 2023 to respond to the Motion to Dismiss for Lack of Jurisdiction or in the Alternative to Transfer #26 . Signed by Magistrate Judge James F Metcalf on 2/24/2023. (REK) [Transferred from Arizona on 9/22/2023.]
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Filing 27
NOTICE by Benton Gene Baskin re: #25 MOTION for Extension of Time to File Response/Reply as to #20 MOTION to Dismiss for Lack of Jurisdiction , #26 MOTION for Extension of Time to File Response/Reply as to #21 MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction MOTION to Change Venue/Transfer Case. (1 Page) (REK) [Transferred from Arizona on 9/22/2023.]
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Filing 26
MOTION for Extension of Time to File Response/Reply as to #21 MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction MOTION to Change Venue/Transfer Case by Benton Gene Baskin. (4 Pages) (REK) [Transferred from Arizona on 9/22/2023.]
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Filing 25
MOTION for Extension of Time to File Response/Reply as to #20 MOTION to Dismiss for Lack of Jurisdiction by Benton Gene Baskin. (5 Pages) (REK) [Transferred from Arizona on 9/22/2023.]
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Filing 24
ORDER: Plaintiff has through February 6, 2023 to respond to Defendant Diaz and Giaboian's Motion to Dismiss or in the Alternative Transfer, filed January 3, 2023 (Doc. #21 ). Defendants have fifteen days from service of the response to file a reply. The Motion to Dismiss will be deemed ready for decision without oral argument on the day following the date set for filing a reply unless otherwise ordered by the Court. Signed by Magistrate Judge James F Metcalf on 1/04/2023. (REK) [Transferred from Arizona on 9/22/2023.]
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Filing 23
ORDER: Plaintiff has through February 6, 2023 to respond to Defendant Westbrook's Motion to Dismiss, filed January 3, 2023 (Doc. #20 ). Defendants have fifteen days from service of the response to file a reply. The Motion to Dismiss will be deemed ready for decision without oral argument on the day following the date set for filing a reply unless otherwise ordered by the Court. Signed by Magistrate Judge James F Metcalf on 1/04/2023. (REK) [Transferred from Arizona on 9/22/2023.]
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Filing 22
*MEMORANDUM in Support of #21 Motion to Dismiss for Failure to State a Claim, Motion to Dismiss for Lack of Jurisdiction, Motion to Change Venue/Transfer Case to District of Kansas by Defendants Unknown Diaz, Unknown Giaboian. (Shoger, Matthew) *Modified to add document link on 1/4/2023 (REK). [Transferred from Arizona on 9/22/2023.]
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Filing 21
*MOTION to Dismiss for Failure to State a Claim, MOTION to Dismiss for Lack of Jurisdiction, MOTION to Change Venue/Transfer Case to District of Kansas by Unknown Diaz, Unknown Giaboian. (Shoger, Matthew) *Modified to correct motion type, add motions to dismiss for lack of jurisdiction and to change venue, and corrected text on 1/4/2023 (REK). [Transferred from Arizona on 9/22/2023.]
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Filing 20
MOTION to Dismiss for Lack of Jurisdiction by Unknown Westbrook. (Attachments: #1 Exhibit A and B)(Struck, Daniel) [Transferred from Arizona on 9/22/2023.]
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Filing 19
SERVICE EXECUTED: USMS Process Receipt and Return re: Summons, Complaint, and Order upon Unknown Diaz on 12/14/2022. (REK) [Transferred from Arizona on 9/22/2023.]
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Filing 18
SERVICE EXECUTED: USMS Process Receipt and Return re: Summons, Complaint, and Order upon Unknown Giaboian on 12/14/2022. (REK) [Transferred from Arizona on 9/22/2023.]
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Filing 17
SERVICE EXECUTED: Rule 4 Waiver of Service of Summons. Waiver sent on 11/02/2022 to Unknown Diaz. (REK) [Transferred from Arizona on 9/22/2023.]
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Filing 16
SERVICE EXECUTED: Rule 4 Waiver of Service of Summons. Waiver sent on 11/02/2022 to Unknown Giaboian. (REK) [Transferred from Arizona on 9/22/2023.]
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Filing 15
SERVICE EXECUTED: Rule 4 Waiver of Service of Summons. Waiver sent on 11/02/2022 to Unknown Westbrook. (REK) [Transferred from Arizona on 9/22/2023.]
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Filing 14
ORDER (Service Packet): Counts I and III are dismissed without prejudice. Defendants Thomas, Walker, Gottfredson, and Schnurr are dismissed without prejudice. Defendants Giaboian, Diaz, and Westbrook must answer Count II as set forth herein. The Clerk of Court must send Plaintiff a service packet including the Complaint #1 , this Order, and both summons and request for waiver forms for Defendant Giaboian, Diaz, and Westbrook. Plaintiff must complete and return the service packet to the Clerk of Court within 21 days of the date of filing of this Order. The United States Marshal will not provide service of process if Plaintiff fails to comply with this Order. If Plaintiff does not either obtain a waiver of service of the summons or complete service of the Summons and Complaint on a Defendant within 90 days of the filing of the Complaint or within 60 days of the filing of this Order, whichever is later, the action may be dismissed as to each Defendant not served. This matter is referred to Magistrate Judge James F. Metcalf pursuant to Rules 72.1 and 72.2 of the Local Rules of Civil Procedure for all pretrial proceedings as authorized under 28 U.S.C. 636(b)(1). See document for further details. Signed by Judge Steven P Logan on 10/03/2022. (REK) [Transferred from Arizona on 9/22/2023.]
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Filing 13
Filing fee: $402.00, receipt number 200001824. PAID IN FULL. (BAS) [Transferred from Arizona on 9/22/2023.]
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Filing 12
NOTICE re: Payment of Filing Fee by Benton Gene Baskin re: #11 Order. (7 Pages) (REK) [Transferred from Arizona on 9/22/2023.]
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Filing 11
ORDER: The February 3, 2022 Judgment #8 is vacated, and the Clerk of Court must reopen this case. Within 30 days of the date this Order is filed, Plaintiff must either pay the $350.00 filing fee and $52.00 administrative fee or file a new complete Application to Proceed In Forma Pauperis and a certified six-month trust account statement. If Plaintiff fails to either pay the $350.00 filing fee and $52.00 administrative fee or file a new complete Application to Proceed In Forma Pauperis within 30 days, the Clerk of Court must enter a judgment of dismissal of this action without prejudice and without further notice to Plaintiff and deny any pending unrelated motions as moot. The Clerk of Court must update Plaintiff's address of record to that reflected in his Letter #10 and send Plaintiff a copy of the notice of assignment, Doc. #4 , and copies of the Order and Judgment filed in this case, Docs. #6 and #8 . Signed by Judge Steven P Logan on 8/15/2022. (Attachments: #1 Forms Packet) (REK) [Transferred from Arizona on 9/22/2023.]
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Filing 10
Letter from Plaintiff (1 page). (DXD) [Transferred from Arizona on 9/22/2023.]
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Filing 9
Mail Returned as Undeliverable. Mail sent to Benton Gene Baskin. Reason for return: Return to Sender, Released. Document number #8 . (LAD) [Transferred from Arizona on 9/22/2023.]
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Filing 8
*VACATED per Order #11 *CLERK'S JUDGMENT - Pursuant to the Court's Order filed December 15, 2021, judgment of dismissal is entered. Plaintiff to take nothing, and the complaint and action are dismissed without prejudice. (DXD) Modified on 8/16/2022 (REK). [Transferred from Arizona on 9/22/2023.]
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Filing 7
Mail Returned as Undeliverable. Mail sent to Benton Gene Baskin. Reason for return: Return to Sender: Released. Document number 6. (REK) [Transferred from Arizona on 9/22/2023.]
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Filing 6
ORDER: Plaintiff's Application to Proceed In Forma Pauperis #2 is denied without prejudice. Within 30 days of the date this Order is filed, Plaintiff must either pay the $350.00 filing fee and $52.00 administrative fee or file a complete Application to Proceed In Forma Pauperis and a certified six-month trust account statement. If Plaintiff fails to either pay the $350.00 filing fee and $52.00 administrative fee or file a complete Application to Proceed In Forma Pauperis within 30 days, the Clerk of Court must enter a judgment of dismissal of this action without prejudice and without further notice to Plaintiff and deny any pending unrelated motions as moot. Plaintiff's motion for the appointment of counsel #3 is denied. Signed by Judge Steven P Logan on 12/15/2021. (Attachments: #1 IFP Forms Packet) (REK) [Transferred from Arizona on 9/22/2023.]
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Filing 5
Mail Returned as Undeliverable. Mail sent to Benton Gene Baskin. Reason for return: Return to Sender: Refused - Unable to Forward. Document number 4. (REK) [Transferred from Arizona on 9/22/2023.]
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Filing 4
NOTICE OF ASSIGNMENT (REK) [Transferred from Arizona on 9/22/2023.]
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Filing 3
MOTION to Appoint Counsel by Benton Gene Baskin. (2 Pages) (REK) [Transferred from Arizona on 9/22/2023.]
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Filing 2
APPLICATION for Leave to Proceed In Forma Pauperis by Benton Gene Baskin. (5 Pages) (REK) [Transferred from Arizona on 9/22/2023.]
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Filing 1
PRISONER CIVIL RIGHTS COMPLAINT filed by Benton Gene Baskin. (28 Pages and Envelope) (Attachments: #1 Envelope) (REK) [Transferred from Arizona on 9/22/2023.]
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