Heide (ID 108654) v. Kansas Department of Corrections et al
| Jay Steven Heide |
| Kansas Department of Corrections, Kansas, State of, Anthony Leon Bartley, (fnu) Curry, Centurion Medical, (fnu) Davis, (fnu) McCartney, (fnu) Jones, Centurion Health Group and (fnu) Russel |
| 5:2024cv03040 |
| March 18, 2024 |
| 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 May 16, 2024. A more recent docket listing may be available from PACER.
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| Filing 35 PRELIMINARY RECORD ON APPEAL transmitted to 10CCA re #34 Notice of Appeal - Final Judgment. (Attachments: #1 Preliminary Packet) (smnd) |
| Filing 34 NOTICE OF APPEAL as to #31 Memorandum and Order and #32 Judgment by Plaintiff Jay Steven Heide. (smnd) |
| Filing 33 NOTICE to the Court by Plaintiff Jay Steven Heide. (smnd) |
| APPEAL FEE STATUS: filing fee not paid re: Notice of Appeal - Final Judgment #34 on behalf of Plaintiff Jay Steven Heide. (THIS IS A TEXT ONLY ENTRY-NO DOCUMENT IS ASSOCIATED WITH THIS TRANSACTION.) (smnd) |
| Filing 32 JUDGMENT regarding #31 Memorandum and Order dismissing matter without prejudice. Signed by Deputy Clerk on 05/10/24. Mailed to pro se party Jay Steven Heide by regular mail. (smnd) |
Filing 31
MEMORANDUM AND ORDER ENTERED: The motion to appoint counsel, for discovery, and for preliminary injunction (Doc. #22 ) is denied. The motion to amend complaint (Doc. #27 ) is denied. This matter is dismissed without prejudice for failure to state a plausible claim for relief. Signed by District Judge John W. Lungstrum on 05/10/24. Mailed to pro se party Jay Steven Heide by regular mail. (smnd)
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| Filing 30 SUPPLEMENT to #27 MOTION to Amend Complaint re #21 Third Amended Complaint to Add Plaintiffs by Plaintiff Jay Steven Heide. (smnd) |
| Filing 29 SUPPLEMENT to #27 MOTION to Amend Complaint re #21 Third Amended Complaint to Add Plaintiffs by Plaintiff Jay Steven Heide. (smnd) |
| Filing 28 SUPPLEMENT to #27 MOTION to Amend Complaint re #21 Third Amended Complaint to Add Plaintiffs by Plaintiff Jay Steven Heide. (smnd) |
| Filing 27 MOTION to Amend Complaint re #21 Third Amended Complaint to Add Plaintiffs by Plaintiff Jay Steven Heide. (smnd) |
| Filing 26 NOTICE to the Court by Plaintiff Jay Steven Heide. (smnd) |
| DOCKET ANNOTATION: A memo and current docket sheet was sent to Plaintiff Jay Steven Heide in response to the #26 Notice to the Court filed on 04/25/24. (smnd) |
| Filing 25 SUPPLEMENT to #22 MOTION to Appoint Counsel, MOTION for Discovery, and MOTION for Preliminary Injunction by Plaintiff Jay Steven Heide. (smnd) |
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Filing 24
ORDER ENTERED: Plaintiff's motions to proceed in forma pauperis #5 & #9 are granted. The Court assesses an initial partial filing fee of $11.00, calculated under 28 U.S.C. 1915(b)(1). Plaintiff is granted to and including April 30, 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 04/16/24. Mailed to pro se party Jay Steven Heide by regular mail. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (smnd)
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| Filing 23 PRISONER ACCOUNT STATEMENT in Support of #5 & #9 Motions for Leave to Proceed in forma pauperis by Plaintiff Jay Steven Heide. (smnd) |
| Filing 22 MOTION to Appoint Counsel, MOTION for Discovery, and MOTION for Preliminary Injunction by Plaintiff Jay Steven Heide. (smnd) Added MOTION for Discovery and MOTION for Preliminary Injunction on 4/15/2024. (smnd) |
| Filing 21 THIRD AMENDED COMPLAINT against Kansas Department of Corrections, State of Kansas, (fnu) Curry and (fnu) Russel filed by Plaintiff Jay Steven Heide. (smnd) |
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Filing 20
ORDER ENTERED: The motion for sentence reduction (Doc. #18 ) and the motion for compassionate release (Doc. #19 ) are denied for the reasons set forth in the Court's previous order. (See Doc. 11, p. 14.). Signed by District Judge John W. Lungstrum on 04/08/24. Mailed to pro se party Jay Steven Heide with a copy of Doc. #11 by regular mail. (smnd)
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| Filing 19 MOTION for Compassionate Release by Plaintiff Jay Steven Heide. (smnd) |
| Filing 18 MOTION for Sentence Reduction by Plaintiff Jay Steven Heide. (smnd) |
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Filing 17
ORDER ENTERED: The motion for extension of time (Doc. #13 ) is denied as moot because the relief requested therein was granted in an order issued on April 2, 2024 (See Doc. #11 ). The clerk has mailed a copy of that order and the current docket sheet to Plaintiff at El Dorado Correctional Facility. Plaintiff is granted one final opportunity to file an amended complaint that cures the deficiencies discussed in the previous orders. The second amended complaint (Doc. #12 ) does not do so. Plaintiff should carefully read each of the Court's previous orders in full and ensure that his third amended complaint conforms to the requirements set out therein. Plaintiff is granted to and including May 9, 2024 in which to submit a complete and proper third amended complaint. If Plaintiff fails to do so in the time allotted, this matter or parts of it may be dismissed without further prior notice to Plaintiff. The Clerk is directed to send 1983 forms and instructions to Plaintiff. The motion for interrogatories (Doc. #15 ) and the motion for summary judgment (Doc. #16 ) are denied as premature. Signed by District Judge John W. Lungstrum on 04/04/24.Mailed to pro se party Jay Steven Heide with 1983 forms and instructions by regular mail. (smnd)
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| Filing 16 MOTION for Summary/Dispositional Judgment by Plaintiff Jay Steven Heide. (smnd) |
| Filing 15 MOTION for Interrogatories, Dispositions, and to Submit Witnesses by Plaintiff Jay Steven Heide. (smnd) |
| Filing 14 NOTICE of Change of Address (see Doc. #13 ) by Plaintiff Jay Steven Heide, #108654: now at El Dorado Correctional Facility, P.O. Box 311, El Dorado, Kansas 67042. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (smnd) |
| Filing 13 MOTION for Extension of Time to Produce Bank Statement by Plaintiff Jay Steven Heide. (smnd) |
| Filing 12 SECOND AMENDED COMPLAINT against Kansas Department of Corrections, State of Kansas and Centurion Health Group filed by Plaintiff Jay Steven Heide. (Attachments: #1 Exhibits) (smnd) |
| DOCKET ANNOTATION: A copy of the #11 Memorandum and Order filed April 2, 2024, was remailed to Plaintiff Jay Steven Heide at El Dorado Correctional Facility with a current docket sheet. (smnd) |
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Filing 11
MEMORANDUM AND ORDER ENTERED: The motion for extension of time (Doc. #10 ) is granted. Plaintiff has until and including May 9, 2024 to submit the institutional account statement required to support his motion for leave to proceed in forma pauperis. The Court will defer ruling on the pending motions for leave to proceed in forma pauperis until it receives the account statement from Plaintiff. Plaintiff need not file any additional motions for leave to proceed in forma pauperis. Plaintiff is granted to and including May 9, 2024, in which to submit a second amended complaint that cures the deficiencies. If Plaintiff fails to do so in the time allotted, this matter may be dismissed without further prior notice to Plaintiff. The Clerk is directed to send 1983 forms and instructions to Plaintiff. Signed by District Judge John W. Lungstrum on 04/02/24. Mailed to pro se party Jay Steven Heide with 1983 forms and instructions by regular mail. (smnd)
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| Filing 10 MOTION for Extension of Time to Submit Institutional Account Statement by Plaintiff Jay Steven Heide. (smnd) |
| Filing 9 MOTION for Leave to Proceed in forma pauperis by Plaintiff Jay Steven Heide. NOTE - Access to document is restricted pursuant to the courts privacy policy. (smnd) |
| Filing 8 AMENDED COMPLAINT against Kansas Department of Corrections, Anthony Leon Bartley, (fnu) Curry, Centurion Medical, (fnu) Davis, (fnu) McCartney and (fnu) Jones filed by Plaintiff Jay Steven Heide. (Attachments: #1 Exhibits) (smnd) |
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Filing 7
MEMORANDUM AND ORDER ENTERED: Plaintiff has until and including April 18, 2024 to submit the institutional account statement required to support his motion for leave to proceed in forma pauperis. If Plaintiff has not received the statement in time to comply with this deadline, he should file a motion for extension of that deadline and take the necessary steps to obtain the statement as soon as possible. The motion to supplement the complaint (Doc. #6 ) is denied. Plaintiff may include additional defendants and/or claims in the amended complaint that is due on or before April 22, 2024, although he is cautioned to comply with the rules on joining claims and parties. Signed by District Judge John W. Lungstrum on 03/25/24.Mailed to pro se party Jay Steven Heide with 1983 forms and instructions by regular mail. (smnd)
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| Filing 6 MOTION to Supplement #1 Complaint by Plaintiff Jay Steven Heide. (Attachments: #1 Joint Committee on Special Claims Against the State Claim Form) (smnd) |
| Filing 5 MOTION for Leave to Proceed in forma pauperis by Plaintiff Jay Steven Heide. NOTE - Access to document is restricted pursuant to the courts privacy policy. (Attachments: #1 Letter to Clerk) (smnd) |
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Filing 4
MEMORANDUM AND ORDER ENTERED: Plaintiff is granted until April 22, 2024, in which to file a complete and proper amended complaint that cures the deficiencies. If Plaintiff fails to do so in the time allotted, this matter may be dismissed without further notice to Plaintiff. The Clerk is directed to send 1983 forms and instructions to Plaintiff. The motion for appointment of counsel (Doc. #2 ) is denied without prejudice. Signed by District Judge John W. Lungstrum on 03/20/24. Mailed to pro se party Jay Steven Heide with 1983 forms and instructions by regular mail. (smnd)
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| Filing 3 NOTICE OF DEFICIENCY mailed to pro se party Jay Steven Heide by regular mail. Response deadline 4/18/2024. (smnd) |
| Filing 2 MOTION to Appoint Counsel by Plaintiff Jay Steven Heide. (Attachments: #1 Exhibits) (smnd) |
| Filing 1 COMPLAINT filed by Plaintiff Jay Steven Heide. (Attachments: #1 Exhibits) (smnd) |
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