Kinnell v. Does et al

Filing 27

IT IS THEREFORE ORDERED BY THE COURT: that Mr. Rolly O'Dell is hereby prohibited until further notice from proceeding past the Court Security Officer's station at the public entrance of the Frank Carlson Federal Building in Topeka, KS (See Order for Details). Signed by District Judge Julie A. Robinson on 4/21/14.Mailed to pro se party Rolly Kinnell by certified mail ; Certified Tracking Number: 70122920000121968695(daw)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF KANSAS

ROLLY O’DELL KINNELL,

)
)
Plaintiff,
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v.
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)
BARACK OBAMA, et al.,
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Defendants.
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__________________________________ )

Case No. 13-4066-JAR-TJJ

ORDER
Plaintiff, who proceeds pro se and in forma pauperis, filed this action complaining of the
following matters: his 1998 state conviction; his subsequent incarceration; a parole violation; his
ineligibility to vote; the results of the November 6, 2012 election; and his prior unsuccessful
efforts to litigate these matters. Plaintiff named several defendants in the captions and
descriptions of parties, including President Barack Obama, members of Congress, the United
States District Court for the District of Kansas, the Tenth Circuit, and state courts of Kansas. On
August 5, 2013, Magistrate Judge David J. Waxse issued a Report and Recommendation (Doc.
8) recommending dismissal of this action for lack of subject matter jurisdiction pursuant to Fed.
R. Civ. P. 12(h)(3), as well as for failure to state a claim under 28 U.S.C. § 1915(e)(2)(B)(ii), and
for seeking monetary relief against defendants who are immune from such relief under 28 U.S.C.
§ 1915(e)(2)(B)(iii).
Plaintiff filed an objection within the fourteen-day period prescribed by 28 U.S.C. §
636(b)(1) and Fed. R. Civ. P. 72, to Judge Waxse’s proposed findings and recommendations, as
well as a Motion to Amend Complaint (Doc. 12), and a Motion to Appoint Counsel (Doc. 13).
On March 6, 2014, the Court overruled Plaintiff’s objection, adopted the Report and

Recommendation, and denied Plaintiff’s Motion to Amend Complaint and Motion to Appoint
Counsel. Judgment was entered the same day. Since this time, Mr. Kinnell has filed a motion to
reconsider this Court’s dismissal of his case, and has filed a notice of appeal. The Tenth Circuit
has notified Mr. Kinnell that it will not open the appeal unless he first pays the full filing fee.
Mr. Kinnell is an unrepresented party who has not consented to electronic service or
filing of his documents in this case.1 Therefore, Mr. Kinnell personally delivers his conventional
documents to the Topeka Division’s Clerks Office for filing. Mr. Kinnell has a history of
verbally abusing the clerk’s office staff with offensive and profane remarks when he delivers
these documents. Because of this history, Mr. Kinnell has been required to have a court security
officer escort him to the Clerk’s office when he arrives as the courthouse. Nonetheless, on
March 19, 2014 and again on April 14, 2014, Mr. Kinnell engaged in a profanity-laced verbal
assault on the Clerk’s office staff while delivering documents in this case for filing. On each of
these two occasions, he engaged in this abusive and disruptive behavior while being escorted by
a court security officer.
The Court therefore has determined that Mr. Kinnell may no longer enjoy physical access
to the Clerk’s office for filing his documents. Going forward, if Mr. Kinnell must file documents
in this case, or must avail himself of other services provided by the Clerk’s Office, he may enter
the Frank Carlson Federal Building and notify the court security officer stationed at the public
entrance of his request. The court security officer will then notify the Clerk’s Office, and a
member of its staff will meet Mr. Kinnell at the public entrance to accommodate his request.
IT IS THEREFORE ORDERED BY THE COURT that Mr. Rolly O’Dell Kinnell is
hereby prohibited until further notice from proceeding past the Court Security Officers’ station at

1

See D. Kan. Rule 5.4.2.

the public entrance of the Frank Carlson Federal Building in Topeka, Kansas for purposes of
conducting court business. In order to conduct any future court business, Mr. Kinnell may notify
the Court Security Officer stationed at the public entrance of his request and that Officer will in
turn notify the clerk’s office; a member of its staff will meet Mr. Kinnell at the entrance of the
building.
IT IS SO ORDERED .
Dated: April 21, 2014
S/ Julie A. Robinson
JULIE A. ROBINSON
UNITED STATES DISTRICT JUDGE