Payton v. Kansas, State of et al

Filing 11

MEMORANDUM AND ORDER ENTERED: Petitioner is granted leave to proceed on appeal in forma pauperis. Signed by U.S. Senior District Judge Sam A. Crow on 05/09/17. Mailed to pro se party Walter Payton by regular mail. (smnd)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF KANSAS

WALTER PAYTON,
Plaintiff,
v.

CASE NO. 17-3049-SAC-DJW

STATE OF KANSAS, et al.,
Defendants.

MEMORANDUM AND ORDER
Plaintiff, a prisoner in state custody, commenced this matter
as a civil rights action filed under 42 U.S.C. § 1983. Because
plaintiff challenges the state district court’s denial of DNA testing
under K.S.A. 21-2512 and alleges his conviction is unlawful, the Court
liberally construed the action as a petition for habeas corpus and
concluded it was a successive application for relief. Due to
petitioner’s failure to seek prior authorization to proceed in a
successive application, the Court dismissed the matter for lack of
jurisdiction.
Petitioner has filed a Notice of Appeal (Doc. #8). The Court has
considered the record and grants petitioner leave to proceed on appeal
in forma pauperis.
IT IS THEREFORE, BY THE COURT ORDERED petitioner is granted leave
to proceed on appeal in forma pauperis.
IT IS SO ORDERED.
DATED:

This 9th day of May, 2017, at Topeka, Kansas.

S/ Sam A. Crow
SAM A. CROW
U.S. Senior District Judge