Nanny v. Kinman

Filing 3

ORDER - Accordingly, it is hereby ORDERED that the Clerk furnish Petitioner with the appropriate forms for applying under the PLRA to proceed in forma pauperis. Petitioner shall complete those forms and return them to the Clerk with an amended petiti on containing the information noted in this Order not later than June 20, 2012. Petitioner is strongly encouraged to discuss his concerns raised in the Petition with his counsel in the aggravated burglary case. Signed by Magistrate Judge Michael R Merz on 06/11/2012. (kf)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION AT DAYTON

CHRIS NANNY,
Petitioner,

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v

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Case No. 3:12-cv-172

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District Judge Timothy S. Black
Magistrate Judge Michael R. Merz

SHERIFF JAMIE KINMAN,
Respondent.

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ORDER

Petitioner Jamie Kinman who is incarcerated in the Montgomery County Jail on a charge
of aggravated burglary (Case No. 2012-CRA-4019), brings this action in mandamus and
prohibition under 28 U.S.C. § 1651 against Respondent Jamie Kinman, Sheriff of Carrollton,
Kentucky (Petition, Doc. No. 1). Petitioner fears extradition to Kentucky because he asserts
Respondent has made repeated threats to shoot him over a botched drug transaction. As the
Court reads the Petition, Kinman’s grievance against Nanny is that Kinman provided Nanny with
$150 of buy money for a drug sting and Nanny absconded to Ohio with the buy money.
Petitioner alleges the threats violated 42 U.S.C. § 1982 and 18 U.S.C. § 242. As relief, Petitioner
requests this Court order that “a full investigation be conducted into the complaint attested to.”
For undisclosed reasons, Petitioner filed this matter with the Clerk at the Columbus
location of court and it was transferred here by Magistrate Judge Deavers (Doc. No. 2). Judge
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Deavers read the Petition as an attempt to avoid extradition. Id. If that is Petitioner’s purpose,
then this Court would be a more proper venue than Columbus, because Petitioner is in custody
here. However, he has not named as a defendant his custodian, the Montgomery County Sheriff,
or any Ohio official who would be in a position to determine whether or not he will be extradited
(for example, the assigned Ohio judge or the Governor of the State of Ohio).
If instead he is seeking injunctive relief against Sheriff Kinman, this would also appear to
be the appropriate venue if Sheriff Kinman made the threats to Petitioner’s relatives with the
intention that they be communicated to Petitioner in this judicial district.
As it stands, however, that is not what Petitioner has requested. Instead, he asks this
Court to order an investigation, which is not within the Court’s power. Investigation of death
threats communicated interstate would be within the authority of the Federal Bureau of
Investigation and Petitioner should communicate directly with them.
Petitioner must file an amended petition stating what relief it is he wants. If he seeks to
have his extradition enjoined, he must add as a party the relevant Ohio officials.
In any event, this case cannot proceed without Petitioner’s paying the filing fee of $350
or obtaining permission from this Court to proceed in forma pauperis. Because Petitioner is a
prisoner within the meaning of the Prison Litigation Reform Act, he must pay the full filing fee,
albeit in installments under the PLRA.
Accordingly, it is hereby ORDERED that the Clerk furnish Petitioner with the
appropriate forms for applying under the PLRA to proceed in forma pauperis. Petitioner shall
complete those forms and return them to the Clerk with an amended petition containing the
information noted in this Order not later than June 20, 2012. Petitioner is strongly encouraged to

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discuss his concerns raised in the Petition with his counsel in the aggravated burglary case.
June 9, 2012.
s/ Michael R. Merz
United States Magistrate Judge

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