Jackson v. Ford County Detention Center et al
| Kansas District Court | |
| Judge: | Toby Crouse |
| Referred: | Gwynne E Birzer |
| Case #: | 5:23-cv-03048 |
| Nature of Suit | 555 Prisoner Petitions - Habeas Corpus - Prison Condition |
| Cause | 42:1983 Prisoner Civil Rights |
| Case Filed: | Feb 15, 2023 |
Defendant
(fnu) Lane
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Defendant
Ford County Detention Center
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Defendant
Gerald Boron
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Interested Party
Ford County, Kansas, Sheriff
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Plaintiff
Tyree Tevin Jackson
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GPO
Mar 29 2023
MEMORANDUM AND ORDER ENTERED: Plaintiff is granted to and including May 1, 2023, to file a complete and proper amended complaint to cure all the deficiencies discussed herein. The clerk is directed to send 1983 forms and instructions to Plaintiff. Signed by District Judge John W. Lungstrum on 3/29/2023. Mailed to pro se party Tyree Tevin Jackson by regular mail. (jal) |
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GPO
May 03 2023
MEMORANDUM AND ORDER ENTERED: The document filed May 1, 2023 is hereby construed as a motion for extension of time and a motion for a court order. As such, the motion (Doc. 9) is granted in part and denied in part. To the extent that Plaintiff seeks a court order related to law library access, the motion is denied. To the extent that Plaintiff seeks additional time in which to file his amended complaint, the motion is granted. Plaintiff is granted to and including June 7, 2023, to file a complete and proper amended complaint. The clerk is directed to send 1983 forms and instructions to Plaintiff. Signed by District Judge John W. Lungstrum on 05/03/23. Mailed to pro se party Tyree Tevin Jackson with 1983 forms and instructions by regular mail. (smnd) |
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GPO
May 17 2023
MEMORANDUM AND ORDER ENTERED: Plaintiff is granted to and including June 20, 2023, to file a complete and proper second amended complaint to cure all the deficiencies. The clerk is directed to send 1983 forms and instructions to Plaintiff. Signed by District Judge John W. Lungstrum on 05/17/23. Mailed to pro se party Tyree Tevin Jackson with a 1983 form and instructions by regular mail. (smnd) |
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GPO
Aug 01 2023
MEMORANDUM AND ORDER ENTERED: Plaintiff is granted to and including September 8, 2023 in which to submit to the Clerk of Court address information for Defendant Gerald Boron for the purpose of effecting service. Signed by District Judge John W. Lungstrum on 8/1/2023. Mailed to pro se party Tyree Tevin Jackson by regular mail. (jal) |
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GPO
Nov 21 2024
MEMORANDUM AND ORDER: Boron's Amended Motion to Dismiss, Doc. 29, is GRANTED in part and DENIED in part, and the case is STAYED pending resolution of Jackson's criminal prosecution. Signed by District Judge Toby Crouse on 11/20/2024. Mailed by regular mail to pro se party Tyree Tevin at Jackson Ford County Detention Center, 11311 E. Comanche Street, Dodge City, KS 67801. (ca) |
| Docket last updated: 05/23/2025 11:59 PM CDT |
| Thursday, November 21, 2024 | ||
| 32 | 32
5
pgs
order
Order on Motion to Dismiss for Failure to State a Claim
Thu 11/21 8:44 AM
MEMORANDUM AND ORDER: Boron's Amended Motion to Dismiss, Doc.29 , is GRANTED in part and DENIED in part, and the case is STAYED pending resolution of Jackson's criminal prosecution. Signed by District Judge Toby Crouse on 11/20/2024. Mailed by regular mail to pro se party Tyree Tevin at Jackson Ford County Detention Center, 11311 E. Comanche Street, Dodge City, KS 67801. (ca) |
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| Thursday, December 28, 2023 | ||
| 31 | 31
order
Order
Thu 12/28 5:27 PM
ORDER. The undersigned Magistrate Judge communicated with the parties, via letter dated December 5, 2023, regarding deferred scheduling in this case. Having received no response, the Rule 16 conference will be postponed until after the pending Amended Motion to Dismiss (ECF No. 29) has been decided by the District Judge. IT IS SO ORDERED. Signed by Magistrate Judge Gwynne E. Birzer on 12/28/2023. Mailed to pro se party Tyree Tevin Jackson by regular mail. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (kf) |
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respm
Response to Motion
Thu 12/28 1:01 PM
RESPONSE by Plaintiff Tyree Tevin Jackson re29 Motion to Dismiss for Failure to State a Claim.(sz) |
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| Friday, December 15, 2023 | ||
| 29 | 29
motion
Dismiss for Failure to State a Claim
Fri 12/15 11:30 AM
Amended MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant Gerald Boron(Vix, Lyndon) |
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Att: 1
Exhibit A - Information,
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Att: 2
Exhibit B - First Appearance Journal Entry,
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Att: 3
Exhibit C - Arraignment Journal Entry,
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Att: 4
Exhibit D - Docket
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| 28 | 28
1
pgs
order
Order on Motion to Dismiss for Failure to State a Claim
Fri 12/15 8:35 AM
ORDER denying without prejudice27 Boron's Motion to Dismiss. Boron's motion exceeds the page limitations set forth in D. Kan. R. 7.1(d). Briefs in support of motions to dismiss must not exceed 15 pages. D. Kan. R. 7.1(d)(3). Boron may file an answer or other response, including an amended motion to dismiss, on or before 1/5/2024. Signed by District Judge Toby Crouse on 12/15/2023. Mailed to pro se party Tyree Tevin Jackson by regular mail. (mam) |
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| Monday, December 04, 2023 | ||
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motion
Dismiss for Failure to State a Claim
Mon 12/04 2:52 PM
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant Gerald Boron(Vix, Lyndon) |
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Att: 1
Exhibit A - Information,
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Att: 2
Exhibit B - First Appearance JE,
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Att: 3
Exhibit C - Arraignment JE,
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Att: 4
Exhibit D - Docket
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| Wednesday, November 15, 2023 | ||
| 26 | 26
order
Clerks Order Extending Time to Answer
Wed 11/15 10:31 AM
CLERKS ORDER EXTENDING TIME until 12/04/2023 for Defendant Gerald Boron to answer or otherwise plead. Signed by deputy clerk on 11/15/2023. Mailed to pro se Plaintiff Tyree Tevin Jackson at Ford County Detention Center 11311 E. Comanche Street, Dodge City, KS 67801 by regular mail. (jk) |
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| Monday, October 23, 2023 | ||
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order
Reassigning Case - Minute
Mon 10/23 9:05 AM
MINUTE ORDER REASSIGNING CASE ENTERED: Case reassigned to District Judge Toby Crouse and Magistrate Judge Gwynne E. Birzer for all further proceedings. District Judge John W. Lungstrum no longer assigned to case. Entered by Deputy Clerk on 10/23/23. Mailed to pro se party Tyree Tevin Jackson by regular mail. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (smnd) |
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| Friday, October 20, 2023 | ||
| 24 | 24
service
Waiver of Service Executed - Prisoner Case
Fri 10/20 3:38 PM
WAIVER OF SERVICE Returned Executed - Prisoner Case by Gerald Boron. Gerald Boron waiver sent on 9/21/2023, answer due 11/20/2023. (Vix, Lyndon) |
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misc
Entry of Appearance
Fri 10/20 3:35 PM
ENTRY OF APPEARANCE by Lyndon W. Vix on behalf of Gerald Boron. (Vix, Lyndon) |
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| Thursday, September 21, 2023 | ||
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pgs
order
Order
Thu 09/21 1:53 PM
ORDER ENTERED: The provisionally sealed document (Doc.20 ) shall remain sealed. The Court directs the Clerk of the Court to prepare and issue a waiver of service form for Defendant pursuant to Fed. R. Civ. P. 4(d) to be served upon Defendant at no cost to Plaintiff. Signed by District Judge John W. Lungstrum on 08/21/23. Mailed to pro se party Tyree Tevin Jackson by regular mail. (smnd) |
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notice
Notice of Proposed Sealed Record
Thu 09/21 9:18 AM
NOTICE OF PROPOSED SEALED RECORD by Ford County, Kansas, Sheriff re20 Provisionally Sealed Letter to Judge John W. Lungstrum. (Kerbs, Glenn) |
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misc
PROVISIONALLY SEALED Document
Thu 09/21 9:16 AM
SEALED DOCUMENT titled Letter to Judge John W. Lungstrum by Interested Party Ford County, Kansas, Sheriff. (Kerbs, Glenn) Modified on 9/21/2023 to remove 'Provisionally' from title of docket entry per22 Order; document is sealed. (smnd) |
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service
Summons Issued
Thu 09/21 1:55 PM
WAIVER OF SERVICE OF SUMMONS ISSUED as to Defendant Gerald Boron. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (smnd) |
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| Wednesday, September 06, 2023 | ||
| 19 | 19
2
pgs
order
Order
Wed 09/06 9:07 AM
ORDER ENTERED: The Clerk of the Court shall enter the Sheriff of Ford County, Kansas as an interested party on the docket for the limited purpose of filing the information requested in this order. Upon filing of that information, the interested party may move for termination from this action. It is further ordered that the Clerk of the Court shall transmit to the Sheriff of Ford County, Kansas, a copy of this Order requesting the submission, on or before September 29, 2023, of any current or last known address information for Defendant or, in the alternative, of a written explanation as to why the Sheriff is unwilling or unable to provide the information. Signed by District Judge John W. Lungstrum on 9/6/2023. Mailed to pro se party Tyree Tevin Jackson by regular mail. (jal) |
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| Friday, September 01, 2023 | ||
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respm
Response to Order
Fri 09/01 3:38 PM
RESPONSE by Plaintiff Tyree Tevin Jackson re17 Memorandum & Order. (jal) |
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Att: 1
Envelope
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| Tuesday, August 01, 2023 | ||
| 17 | 17
2
pgs
order
Memorandum & Order - DO NOT USE TO RULE ON MOTIONS
Tue 08/01 2:22 PM
MEMORANDUM AND ORDER ENTERED: Plaintiff is granted to and including September 8, 2023 in which to submit to the Clerk of Court address information for Defendant Gerald Boron for the purpose of effecting service. Signed by District Judge John W. Lungstrum on 8/1/2023. Mailed to pro se party Tyree Tevin Jackson by regular mail. (jal) |
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| Monday, July 10, 2023 | ||
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pgs
order
Order
Mon 07/10 2:04 PM
ORDER ENTERED: The Clerk shall provide the Sheriff of Ford County, Kansas, with a copy of this Order requesting the submission under seal of any current or last known address information for Defendant. Signed by District Judge John W. Lungstrum on 07/10/23. Mailed to pro se party Tyree Tevin Jackson and Ford County Sheriff by regular mail. (smnd) |
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| Friday, July 07, 2023 | ||
| 15 | 15
service
Waiver of Service Unexecuted - Prisoner Case
Fri 07/07 2:23 PM
Waiver of Service Returned Unexecuted as to Defendant Gerald Boron; Return to Sender/Not Deliverable as Addressed/Unable to Forward. (smnd) |
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| Monday, June 12, 2023 | ||
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2
pgs
order
Order
Mon 06/12 2:46 PM
ORDER ENTERED: The Court directs the Clerk of the Court to prepare and issue a waiver of service form for Defendant pursuant to Fed. R. Civ. P. 4(d) to be served upon Defendant at no cost to Plaintiff. Signed by District Judge John W. Lungstrum on 06/12/23. Mailed to pro se party Tyree Tevin Jackson by regular mail. (smnd) |
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service
Summons Issued
Mon 06/12 2:48 PM
WAIVER OF SERVICE OF SUMMONS ISSUED as to Defendant Gerald Boron. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (smnd) |
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| Friday, June 09, 2023 | ||
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cmp
Amended Complaint
Fri 06/09 2:07 PM
SECOND AMENDED COMPLAINT against Gerald Boron filed by Plaintiff Tyree Tevin Jackson. (smnd) |
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Att: 1
Envelope
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| Wednesday, May 17, 2023 | ||
| 12 | 12
9
pgs
order
Memorandum & Order - DO NOT USE TO RULE ON MOTIONS
Wed 05/17 2:54 PM
MEMORANDUM AND ORDER ENTERED: Plaintiff is granted to and including June 20, 2023, to file a complete and proper second amended complaint to cure all the deficiencies. The clerk is directed to send 1983 forms and instructions to Plaintiff. Signed by District Judge John W. Lungstrum on 05/17/23. Mailed to pro se party Tyree Tevin Jackson with a 1983 form and instructions by regular mail. (smnd) |
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| Tuesday, May 16, 2023 | ||
| 11 | 11
cmp
Amended Complaint
Tue 05/16 11:27 AM
AMENDED COMPLAINT against Gerald Boron and (fnu) Lane filed by Plaintiff Tyree Tevin Jackson. (smnd) |
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Att: 1
Envelope
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| Wednesday, May 03, 2023 | ||
| 10 | 10
4
pgs
order
Order on Motion for Extension of Time to File Response/Reply
Wed 05/03 1:15 PM
MEMORANDUM AND ORDER ENTERED: The document filed May 1, 2023 is hereby construed as a motion for extension of time and a motion for a court order. As such, the motion (Doc.9 ) is granted in part and denied in part. To the extent that Plaintiff seeks a court order related to law library access, the motion is denied. To the extent that Plaintiff seeks additional time in which to file his amended complaint, the motion is granted. Plaintiff is granted to and including June 7, 2023, to file a complete and proper amended complaint. The clerk is directed to send 1983 forms and instructions to Plaintiff. Signed by District Judge John W. Lungstrum on 05/03/23. Mailed to pro se party Tyree Tevin Jackson with 1983 forms and instructions by regular mail. (smnd) |
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| Monday, May 01, 2023 | ||
| 9 | 9
motion
Extension of Time to File Response/Reply
Tue 05/02 9:03 AM
MOTION for Extension of Time to File Response as to8 Memorandum and Order by Plaintiff Tyree Tevin Jackson. (smnd) |
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Att: 1
Envelope
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| Wednesday, March 29, 2023 | ||
| 8 | 8
5
pgs
order
Memorandum & Order - DO NOT USE TO RULE ON MOTIONS
Wed 03/29 1:58 PM
MEMORANDUM AND ORDER ENTERED: Plaintiff is granted to and including May 1, 2023, to file a complete and proper amended complaint to cure all the deficiencies discussed herein. The clerk is directed to send 1983 forms and instructions to Plaintiff. Signed by District Judge John W. Lungstrum on 3/29/2023. Mailed to pro se party Tyree Tevin Jackson by regular mail. (jal) |
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| Tuesday, March 28, 2023 | ||
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order
Order on Motion for Leave to Proceed In Forma Pauperis (Prisoner Case)
Tue 03/28 1:38 PM
ORDER ENTERED: Plaintiff's motion for leave to proceed without prepayment of fees2 is granted because plaintiff's trust fund account statement shows that he has insufficient funds to pay an initial partial filing fee. Notwithstanding this grant of leave, plaintiff is required to pay the full amount of the filing fee and is hereby assessed $350.00. Plaintiff is required to make monthly payments of 20 percent of the preceding month's income credited to the prisoner's account. The agency having custody of plaintiff shall forward payments from the prisoner's account to the clerk of the court each time the amount in the account exceeds $10.00 until the filing fees are paid. 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 03/28/23. Mailed to pro se party Tyree Tevin Jackson by regular mail. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (smnd) |
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misc
Supplement
Tue 03/28 1:26 PM
SUPPLEMENT to2 MOTION for Leave to Proceed in forma pauperis by Plaintiff Tyree Tevin Jackson. (smnd) |
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Att: 1
Envelope
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| Monday, March 20, 2023 | ||
| 5 | 5
2
pgs
order
Order ~Util - Set Motion and R&R Deadlines/Hearings ~Util - Terminate Deadlines
Mon 03/20 11:00 AM
ORDER ENTERED: Clerk shall provide FCDC with a copy of this Order and the Court's Notice of Deficiency at Doc.3 . Plaintiff is granted to and including April 24, 2023 in which to submit the account statement required by federal law to support his motion to proceed in forma pauperis. Signed by District Judge John W. Lungstrum on 3/20/2023. Order mailed to pro se party Tyree Tevin Jackson by regular mail; Order and DE3 mailed to Ford County Detention Center. (jal) |
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| Friday, March 17, 2023 | ||
| 4 | 4
misc
Response
Fri 03/17 2:54 PM
RESPONSE to3 Notice of Deficiency by Plaintiff Tyree Tevin Jackson. (smnd) |
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Att: 1
Envelope
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| Wednesday, February 15, 2023 | ||
| 3 | 3
notice
Notice of Deficiency - Prisoner Case
Wed 02/15 2:08 PM
NOTICE OF DEFICIENCY re2 MOTION for Leave to Proceed in forma pauperis mailed to pro se party Tyree Tevin Jackson by regular mail. Response deadline 3/17/2023. (smnd) |
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motion
Proceed In Forma Pauperis Prisoner Case
Wed 02/15 2:04 PM
MOTION for Leave to Proceed in forma pauperis by Plaintiff Tyree Tevin Jackson. (smnd) |
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Att: 1
Envelope
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| 1 | 1
cmp
Complaint
Wed 02/15 2:03 PM
COMPLAINT filed by Plaintiff Tyree Tevin Jackson. (smnd) |
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Att: 1
Envelope
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