Smart v. Kell et al
Plaintiff: Andrew M Smart
Defendant: Kenneth Kell and Polk County Jail
Case Number: 6:2020cv03170
Filed: June 3, 2020
Court: US District Court for the Western District of Missouri
Presiding Judge: Beth Phillips
Referring Judge: Prisoner Pro Se
Nature of Suit: Habeas Corpus (Prison Condition)
Cause of Action: 42 U.S.C. ยง 1983
Jury Demanded By: None
Docket Report

This docket was last retrieved on July 6, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 6, 2020 Filing 6 CLERK'S JUDGMENT: ORDERED that: (1) Plaintiff is granted provisional leave to proceed as a pauper, (2) this case is dismissed pursuant to 28 U.S.C. 1915A(b)(1) for Plaintiff's failure to state a claim upon which relief may be granted, (3) the agency having custody of Plaintiff forward to the Clerk of the Court monthly payments of 20% of the preceding month's income credited to Plaintiff's account each time the amount in the account exceeds $10.00 until the $350.00 filing fee is paid, and (4) Plaintiff is cautioned that federal law "makes prisoners responsible for [appellate filing fees of $505.00 (in addition to the $350.00 filing fee already owed for this case)] the moment the prisoner... files an appeal." Henderson v. Norris, 129 F.3d 481, 483 (8th Cir. 1997) (citation and quotation marks omitted). (Davies, Cindy)
July 6, 2020 Opinion or Order Filing 5 ORDER: ORDERED that: (1) Plaintiff is granted provisional leave to proceed as a pauper, (2) this case is dismissed pursuant to 28 U.S.C. 1915A(b)(1) for Plaintiff's failure to state a claim upon which relief may be granted, (3) the agency having custody of Plaintiff forward to the Clerk of the Court monthly payments of 20% of the preceding month's income credited to Plaintiff's account each time the amount in the account exceeds $10.00 until the $350.00 filing fee is paid, and (4) Plaintiff is cautioned that federal law "makes prisoners responsible for [appellate filing fees of $505.00 (in addition to the $350.00 filing fee already owed for this case)] the moment the prisoner... files an appeal." Henderson v. Norris, 129 F.3d 481, 483 (8th Cir. 1997) (citation and quotation marks omitted). Signed on July 6, 2020 by Chief District Judge Beth Phillips. (Davies, Cindy)
June 3, 2020 Filing 3 Inmate ACCOUNT STATEMENT filed by Andrew M Smart. (Davies, Cindy)
June 3, 2020 Filing 2 IFP FINANCIAL AFFIDAVIT filed by Andrew M Smart. (Davies, Cindy)
June 3, 2020 Filing 1 COMPLAINT against All Defendants filed by Andrew M Smart. (Davies, Cindy)

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Defendant: Kenneth Kell
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Defendant: Polk County Jail
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Plaintiff: Andrew M Smart
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