Pierce v. Kobach et al
| Morehei Pierce and Christopher Pierce |
| Kris Kobach, Jeff Zmuda and William Waddington |
| 5:2023cv04077 |
| September 5, 2023 |
| US District Court for the District of Kansas |
| Angel D Mitchell |
| Holly L Teeter |
| Civil Rights: Other |
| 28 U.S.C. § 1343 Violation of Civil Rights |
| Plaintiff |
Docket Report
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This docket was last retrieved on January 3, 2024. A more recent docket listing may be available from PACER.
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| ALIAS SUMMONS ISSUED as to William Waddington (issued to US Marshal for service). Notice, Consent, and Reference of a Civil Action to a Magistrate Judge Form provided to Marshal for service with complaint. Copy of NEF mailed to pro se Plaintiff Morehei Pierce at 1245 Marlowe Dr., Montgomery, AL 36116 by regular mail. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry) (jk) |
Filing 16
ORDER denying #15 Motion for Service by Publication. The USMS shall attempt service on Waddington by another method (i.e., other than certified mail). Signed by Magistrate Judge Angel D. Mitchell on 10/31/2023. Mailed to pro se party Morehei Pierce by regular mail. (mam)
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| Filing 15 MOTION for Service by Publication as to Defendant William Waddington by Plaintiff Morehei Pierce. (Motion referred to Magistrate Judge Angel D. Mitchell.) (mam) |
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Filing 14
ORDER: Pierce shall file a notice of Waddington's updated address no later than November 3, 2023. If Pierce provides the address by that date, the court will direct the Marshal to re-attempt service. The court cautions Pierce, however, that if he fails to provide Waddington's correct address by that date, his claims against Waddington could be dismissed for failure to prosecute pursuant to Fed. R. Civ. P. 41(b). Signed by Magistrate Judge Angel D. Mitchell on 10/16/2023. Mailed to pro se party Morehei Pierce by regular mail. (mls)
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| Filing 13 SUMMONS RETURNED UNEXECUTED by US Marshals Service as to William Waddington. (nac) |
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Filing 12
ORDER ADOPTING REPORT AND RECOMMENDATIONS for #9 Report and Recommendations. Plaintiff's claims against Kris Kobach (Attorney General) and Jeff Zmuda (Kansas Department of Corrections) are dismissed without prejudice for failure to state a claim. Signed by District Judge Holly L. Teeter on October 5, 2023. Mailed to pro se party Morehei Pierce by regular mail. (mls)
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| Filing 11 OBJECTIONS to #9 Report and Recommendations by Plaintiff Morehei Pierce. (mls) |
| Filing 10 DESIGNATION OF PLACE OF TRIAL filed by Plaintiff Morehei Pierce - trial to be held in Topeka. (sz) |
| SUMMONS ISSUED as to William Waddington (issued to US Marshal for service). Notice, Consent, and Reference of a Civil Action to a Magistrate Judge Form provided to Marshal for service with complaint. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry) (jk) |
| NOTICE Re: Pro Se Mailing. Document NEF of Summons Issued mailed to pro se Plaintiff Morehei Pierce at 1245 Marlowe Dr., Montgomery, AL 36116 on 9/19/2023 by regular mail. (jk) |
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Filing 9
REPORT AND RECOMMENDATIONS re #1 Complaint. It is recommended the district judge dismiss Pierce's claims against Kobach and Zmuda, but allow his claim against Waddington to proceed. The Clerk is ordered to issue summons to the U.S. Marshal or Deputy Marshal, who are appointed pursuant to Fed. R. Civ. P. 4(c)(3) to effectuate service upon Waddington. Objections to R&R due within fourteen days after being served with a copy. Signed by Magistrate Judge Angel D. Mitchell on 9/18/2023. Mailed to pro se party Morehei Pierce by regular and certified mail; Certified Tracking Number: 7015 0920 0001 7045 8508.(ca)
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Filing 8
ORDER denying without prejudice #4 Motion to Appoint Counsel. Signed by Magistrate Judge Angel D. Mitchell on 9/7/2023. Mailed to pro se party Morehei Pierce by regular mail. (kas)
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Filing 7
ORDER granting #3 Motion for Leave to Proceed in forma pauperis. The U.S. Marshals Service shall withhold service on the defendants until further order of the court. Signed by Magistrate Judge Angel D. Mitchell on 9/7/2023. Mailed to pro se party Morehei Pierce by regular mail. (kas)
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| Filing 6 MINUTE ORDER REASSIGNING CASE: Case reassigned to Magistrate Judge Angel D. Mitchell for all further proceedings. Magistrate Judge Rachel E. Schwartz no longer assigned to case Signed by deputy clerk on 09/05/2023.Mailed to pro se party Morehei Pierce 1245 Marlowe Dr. Montgomery, AL 36116 by regular mail (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)(nac) |
| Filing 5 NOTICE OF DEFICIENCY - Designation of place of trial is missing. The filing party is directed to correct the deficiency immediately. Mailed to Morehei Pierce 1245 Marlowe Dr. Montgomery, AL 36116 by regular mail. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (nac) |
| Filing 4 MOTION to Appoint Counsel by Plaintiff Morehei Pierce (referred to Magistrate Judge Rachel E. Schwartz) (nac) |
| Filing 3 MOTION for Leave to Proceed in forma pauperis - NOTE - Access to document is restricted pursuant to the courts privacy policy. by Plaintiff Morehei Pierce (referred to Magistrate Judge Rachel E. Schwartz) (Attachments: #1 Financial Affidavit)(nac) |
| Filing 2 CIVIL COVER SHEET re #1 Complaint by Plaintiff Morehei Pierce. (nac) |
| Filing 1 COMPLAINT (No Summons Issued) with trial location of Topeka, filed by Morehei Pierce. (Attachments: #1 Exhibit A, #2 Envelope)(nac) |
| NOTICE OF JUDGE ASSIGNMENT: Case assigned to District Judge Holly L. Teeter and Magistrate Judge Rachel E. Schwartz for all proceedings. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) NOTICE OF MAGISTRATE JUDGE AVAILABILITY: A United States magistrate judge is available to conduct all proceedings in this civil action if all parties voluntarily consent. Information & consent forms are available at http://www.uscourts.gov/forms/civil-forms/notice-consent-and-reference-civil-action-magistrate-judge (nac) |
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