Lewis v. Wyandotte County Jail et al

Filing 19

MEMORANDUM AND ORDER ENTERED: Plaintiff is granted to and including December 22, 2023 in which to submit his written response to the Martinez Report. The Clerk is directed to send Plaintiff a copy of the Martinez Report (Doc. 13 ) and the attachme nts thereto (Docs. 13-1, 13-2, and 13-3) at no cost to Plaintiff. The Court will resume screening of this matter when Plaintiff files a response to the Martinez Report or when the time to do so has expired. Signed by District Judge John W. Lungstrum on 11/14/23. Mailed to pro se party Jey Allen Lewis with Doc. 13 and attacvhments by regular mail. (smnd)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF KANSAS
JEY ALLEN LEWIS,
Plaintiff,
v.

CASE NO. 23-3088-JWL

J.J. CORTES, ET AL.,
Defendants.
MEMORANDUM AND ORDER
Plaintiff Jey Allen Lewis is a Kansas prisoner who is currently housed at Larned State
Hospital in Larned, Kansas. The events underlying this 42 U.S.C. § 1983 civil rights action occurred
while Plaintiff was housed at the Wyandotte County Detention Center. On September 7, 2023, at
the direction of the Court, the Wyandotte County Sheriff’s Department filed a Martinez Report (MR)
with the Court. (Doc. 13.) Included in the MR was a certificate of service that certified that a hard
copy of the MR and the attachments thereto had been “delivered via inhouse mail to the Plaintiff”
the same day. Id. at 3.
Plaintiff now advises the Court that he “never received a copy of the Martinez Report that
was prepared and filed with the Court.” (Doc. 18, p. 1.) To ensure that Plaintiff has the opportunity
to respond to specific information in the MR, the Court will provide Plaintiff, at no cost, with a copy
of the MR and the attachments thereto and will grant Plaintiff additional time to file any response
to the MR he wishes to file. Plaintiff need not repeat arguments he has made in his most recent
filing. (Doc. 18.) The Court will consider those arguments and any response to the MR when it
resumes screening of this matter.

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IT IS THEREFORE ORDERED that Plaintiff is granted to and including December 22,
2023 in which to submit his written response to the Martinez Report. The Clerk is directed to send
Plaintiff a copy of the Martinez Report (Doc. 13) and the attachments thereto (Docs. 13-1, 13-2, and
13-3) at no cost to Plaintiff. The Court will resume screening of this matter when Plaintiff files a
response to the Martinez Report or when the time to do so has expired.

IT IS SO ORDERED.
DATED: This 14th day of November, 2023, at Kansas City, Kansas.

S/ John W. Lungstrum
JOHN W. LUNGSTRUM
United States District Judge

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