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Justice v. Brownback

United States District Court, D. Kansas

July 11, 2018

JASON ALAN JUSTICE, Plaintiff,
v.
SAM BROWNBACK, et al., Defendants.

          MEMORANDUM AND ORDER

          Daniel D. Crabtree, United States District Judge

         On September 22, 2017, the court issued a screening order addressing plaintiff Jason Alan Justice's original Complaint and various motions he filed. Doc. 10. The court noted several deficiencies in the Complaint and ordered plaintiff to show cause why the court should not dismiss this case. In that same Order, the court also permitted plaintiff to file an Amended Complaint to address the original Complaint's deficiencies, as described in the screening order. Id. at 9.

         On November 13, 2017, plaintiff filed his Amended Complaint, largely repeating the claims he made in his first Complaint. As it did with the original Complaint, the court must conduct an initial review of the case under the Amended Complaint. See Rule 4 of the Rules Governing Section 2254 Cases; 28 U.S.C. § 1915(e)(2)(B). After conducting an initial review, the court concludes that the Amended Complaint still suffers from deficiencies that prevent the court from granting any relief. Plaintiff also filed several other motions and filings after he filed the Amended Complaint. The court declines to grant plaintiff any of the relief sought in those filings. The court explains its reasoning, below.

         I. Background

         On November 13, 2017, plaintiff filed the newly amended Complaint (“Complaint”). Doc. 14. The supplemental materials and exhibits to the Complaint indicate that in the District Court of Sedgwick County, Kansas, Case No. 16-CR-2867 (“2016 case”), a jury recently convicted plaintiff of violating the Kansas Offender Registration Act (“KORA”). Doc. 14-1 at 4. The docket of the Kansas Court of Appeals shows that an appeal of that conviction currently is pending.[1] Plaintiff also has convictions from cases in 2001 and 2008. Plaintiff contends that he is innocent of the crime he was convicted for in 2001. And he argues that the court should reverse his 2008 conviction for two reasons: (1) it was the result of a bill of attainder; and (2) the judge coerced him into pleading no-contest after denying his motion to dismiss based on destruction of evidence. Doc. 14-1 at 3. Also, Kansas state prosecutors filed a third case against plaintiff in 2015. But the charges in that case were dismissed.

         The Complaint lists 17 defendants.[2] They are:

. Governor Sam Brownback, [3]
. Judge Warren Wilbert,
. Judge Kevin O'Connor,
. Monika Hoyt,
. Ian Clark,
. Jama Mitchell,
. Steven Wagle,
. Erica Davis,
. Kenneth B. Miller,
. Evan C. Watson,
. Shea Carpenter,
. Rick Moore,
. Christopher Wray,
. Jeff Easter,
. Judge Sam A. Crow,
. Kevin Lovinger, and

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