United States District Court, D. Kansas
MAUREKO M. BONNER, Plaintiff,
CORIZON, et al., Defendants.
MEMORANDUM AND ORDER
Crow, U.S. Senior District Judge.
a state prisoner appearing pro se and in forma pauperis,
filed this civil rights complaint pursuant to 42 U.S.C.
§ 1983. Plaintiff is an inmate at the Lansing
Correctional Facility (LCF) in Lansing, Kansas. Mr. Bonner
alleges he has received constitutionally inadequate medical
care while incarcerated in violation of the Eighth Amendment.
He states he has suffered from an undiagnosed condition since
2009, which causes him to become severely anemic and
experience extreme fatigue, pain, and weakness. He has
received some treatment for the symptoms, including multiple
blood transfusions, iron infusions, and medication. In
addition, Mr. Bonner has had multiple colonoscopies and
surgery to remove internal hemorrhoids, which did not resolve
his symptoms. He further alleges a sonogram in 2013 showed he
suffered from an enlarged spleen, and he was told by
physicians it needed to be removed but it never was. Mr.
Bonner claims his health has continued to deteriorate, and he
has been deliberately denied the testing, such as a bone
marrow biopsy, required to obtain a proper diagnosis and
Court is required to screen complaints brought by prisoners
seeking relief against a governmental entity or an officer or
an employee of a governmental entity. 28 U.S.C. §
1915A(a). The Court must dismiss a complaint or portion
thereof if a plaintiff has raised claims that are legally
frivolous or malicious, that fail to state a claim upon which
relief may be granted, or that seek monetary relief from a
defendant who is immune from such relief. 28 U.S.C. §
Court finds that the proper processing of Plaintiff's
claims cannot be achieved without additional information from
appropriate officials of LCF and Corizon. See Martinez v.
Aaron, 570 F.2d 317 (10th Cir. 1978); see also Hall
v. Bellmon, 935 F.2d 1106 (10th Cir. 1991). Accordingly,
the Court orders the appropriate officials to prepare and
file a Martinez Report. Once the report has been
received, the Court can properly screen Plaintiff's
claims under 28 U.S.C. § 1915.
IS THEREFORE ORDERED BY THE COURT
Clerk of the Court shall prepare summons to be served
pursuant to Rule 4(c)(3) on defendant Corizon by the U.S.
Marshal at no cost to Plaintiff. The Clerk of the Court shall
prepare waiver of service forms for the remaining defendants,
pursuant to Rule 4(d) of the Federal Rules of Civil
Procedure, to be served at no cost to Plaintiff absent a
finding by the Court that Plaintiff is able to pay such
report required herein shall be filed no later than
sixty (60) days from the date of this order,
and Defendants' answers shall be filed within
sixty (60) days following receipt of that
report by counsel for Defendants or as set forth in the
waiver of service, whichever is later.
Officials responsible for the operation of LCF are directed
to undertake a review of the subject matter of the Complaint:
a. To ascertain the facts and circumstances;
b. To consider whether any action can and should be taken by
the institution to resolve the subject matter of the
c. To determine whether other like complaints, whether
pending in this Court or elsewhere, are related to this
Complaint and should be considered together.
Upon completion of the review, a written report shall be
compiled which shall be filed with the Court and served on
Plaintiff. The KDOC must seek leave of the Court if it wishes
to file certain exhibits or portions of the report under seal
or without service on Plaintiff. Statements of all witnesses
shall be in affidavit form. Copies of pertinent rules,
regulations, official documents, and, wherever appropriate,
the reports of medical or psychiatric examinations shall be
included in the written report. Any recordings related to
Plaintiff's claims shall also be included.
Authorization is granted to the officials of LCF to interview
all witnesses having knowledge of the facts, including
answer or motion addressed to the Complaint shall be filed
until the Martinez Report ...