McDonald (D 113183) v. Williams et al
| Sean E. McDonald |
| Tommy Williams and Gregory Dimarzo |
| Kansas Department of Corrections |
| 5:2024cv03019 |
| February 5, 2024 |
| US District Court for the District of Kansas |
| John W Lungstrum |
| Habeas Corpus (Prison Condition) |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| None |
Docket Report
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This docket was last retrieved on April 23, 2024. A more recent docket listing may be available from PACER.
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| Filing 12 CONVENTIONALLY FILED AND UNDER SEAL EXHIBIT 13 IN SUPPORT of #9 Martinez Report received in the Topeka Clerk's Office on 04/01/24. The original and copy for chambers will be maintained in the Topeka Clerk's Office. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (smnd) |
Filing 11
ORDER ENTERED: The KDOC's Motion to File Under Seal and Conventionally Exhibit 13 to the Investigative Report Prepared Pursuant to "Martinez v. Aaron" (Doc. #10 ) is granted. Exhibit 13 shall be filed under seal and conventionally. Signed by District Judge John W. Lungstrum on 03/28/24. Mailed to pro se party Sean E. McDonald by regular mail. (smnd)
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| Filing 10 MOTION FOR LEAVE to File Exhibit 13 Conventionally and under seal by Interested Party Kansas Department of Corrections (Graves, Jon) |
| Filing 9 MARTINEZ REPORT by Interested Party Kansas Department of Corrections re #1 Complaint. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Proposed Sealed Document, #14 Exhibit, #15 Exhibit, #16 Exhibit)(Graves, Jon) |
| Filing 8 WAIVER OF SERVICE Returned Executed - Prisoner Case by Gregory Dimarzo. Gregory Dimarzo waiver sent on 3/13/2024. (Shoger, Matthew) |
| INITIAL PARTIAL FILING FEE PAID: in the amount of $2.50, receipt number 500001273. (nac) |
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Filing 7
MEMORANDUM AND ORDER ENTERED: Plaintiff's claims against Warden Tommy Williams are dismissed. Any request for discovery is denied as premature. Signed by District Judge John W. Lungstrum on 02/26/24. Mailed to pro se party Sean E. McDonald by regular mail. (smnd)
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| Filing 6 RESPONSE by Plaintiff Sean E. McDonald re #4 Memorandum and Order. (Attachments: #1 Envelope) (smnd) |
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Filing 5
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 Gregory Dimarzo 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 Dimarzo 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. The KDOC shall use the event "SEALED Notice of Last Known Addresses of KDOC Employees" to submit the sealed addresses to the Court. Signed by District Judge John W. Lungstrum on 02/12/24. Mailed to pro se party Sean E. McDonald by regular mail; electronic notification to counsel for the Kansas Department of Corrections and the Attorney General for the State of Kansas. (smnd)
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Filing 4
MEMORANDUM AND ORDER ENTERED: Plaintiff is granted until March 7, 2024, in which to show good cause, in writing to the undersigned, why Plaintiff's claims against Warden Tommy Williams should not be dismissed. The Court will enter a separate e-service order directing the Clerk of Court to serve Defendant Dimarzo. 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 02/12/24. Mailed to pro se party Sean E. McDonald by regular mail; electronic notification to counsel for the Kansas Department of Corrections and the Attorney General for the State of Kansas. (smnd)
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Filing 3
ORDER ENTERED: Plaintiff's motion to proceed in forma pauperis #2 is granted. The Court assesses an initial partial filing fee of $2.50, calculated under 28 U.S.C. 1915(b)(1). Plaintiff is granted to and including February 20, 2024, 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 02/06/24. Mailed to pro se party Sean E. McDonald by regular mail. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (smnd)
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| Filing 2 MOTION for Leave to Proceed in forma pauperis by Plaintiff Sean E. McDonald. NOTE - Access to document is restricted pursuant to the courts privacy policy. (Attachments: #1 Inmate Account Statement) (smnd) |
| Filing 1 COMPLAINT filed by Plaintiff Sean E. McDonald. (Attachments: #1 Exhibits) (smnd) |
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