United States District Court, D. Kansas
WILLIAM R. HOLT, Plaintiff,
JOE NORWOOD, 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. At the time of filing, Plaintiff was an inmate
at the El Dorado Correctional Facility-Central in El Dorado,
Kansas (“EDCF”). On February 1, 2019, the Court
entered a Memorandum and Order (Doc. 29) denying
Plaintiff's motion for preliminary injunction and tro
(Doc. 3); amended motion (Doc. 22); renewed request for
appointment of counsel (Doc. 25); and Plaintiff's request
to file Doc. 19 under seal. On March 6, 2019, the Kansas
Department of Corrections (“KDOC”) submitted a
Martinez Report as ordered by the Court at Doc. 13. This
matter is before the Court on Plaintiff's Motions to
Amend Complaint (Docs. 31, 39); Motion to Requesting
Additions to the Record (Doc. 33); and Motion for Default
Judgment (Doc. 35).
Nature of the Case
alleges in his Complaint (Doc. 1) that he was notified on
August 13, 2018, that he had a hold or warrant in Clay
County, Missouri, Warrant No. 16-CYARW-817, No.
16-CY-CR06976. On August 14, 2018, Plaintiff gave Ms.
Gadberry, a mental health provider, a Form-9 to give to
Records, requesting that his 180-day writ be filed in Clay
County, Missouri, to invoke his speedy trial rights. On
August 15, 2018, UTS Fuoss returned the form to Plaintiff,
asserting that because his release date was December 3,
2018-before the expiration of the 180-days- Records was not
allowing him to file the writ. Plaintiff alleges that UTM
Randolph, the Chief Officer of B Cellhouse, refused to order
Fuoss or the Records Clerk to file Plaintiff's 180-day
writ, violating Plaintiff's right to a speedy trial,
equal protection, and due process. Plaintiff alleges that he
is being denied equal protection because other inmates are
receiving assistance from the staff counselor while he is
being denied the same assistance. Plaintiff also alleges that
the failure to file his 180-day writ denied him access to the
courts, and that staff provided the incorrect mailing address
for the Clay County District Court. Plaintiff alleges that he
will no longer receive a fair and speedy trial in his Clay
County, Missouri case.
alleges that M. Bos, Classification Administrator at EDCF,
allowed Fuoss and the Records Clerk to remove Plaintiff's
Form-9 from his grievance and refused to notify Missouri that
Plaintiff requested his speedy trial on August 15, 2018.
Plaintiff alleges that Defendants intentionally delayed the
grievance response and that Defendant Bos responded that
Plaintiff had failed to request his 180-day writ. On October
22, 2018, UTM Randolph provided Plaintiff with a copy of his
appealed grievance to the Secretary of Corrections, with a
sticky note attached that states “we are going to let
him submit his 180 day writ. See if he will sign off. If not
return to me.” (Doc. 1-1, at 6.) Defendant Randolph
asked Plaintiff to refile his 180-day writ showing a date of
October 22, 2018. Plaintiff asked Randolph to correct the
response given by Bos on October 26, 2018, as Randolph knew
that the Form-9 was attached to the grievance when filed, but
was removed by him or Fuoss prior to forwarding it to the
Warden. Randolph refused to take corrective action and made
numerous threats to Plaintiff.
Motion to Amend (Doc. 31)
February 4, 2019, Plaintiff filed a Notice of Change of
Address (Doc. 30), notifying the Court that he was
transferred to the Butler County Jail in El Dorado, Kansas,
and filed a “Affidavit and Request to Amend TRO”
(Doc. 31) and Affidavit in Support (Doc. 32). Plaintiff
claims he was booked into the Butler County Jail under the
Clay County, Missouri, hold. Plaintiff asks the Court to
amend his Complaint to add the Butler County Sheriff Herdet
and/or Butler County District Judge John Doe. Plaintiff also
asks the Court to amend his request for a TRO to add a
request to enjoin the sheriff of Butler County from
extraditing Plaintiff to Clay County, Missouri, to face
charges in No. 16CYCR06876, and to order his release from his
alleged illegal confinement. Plaintiff also claims that
Butler County Jail officials are denying him access to the
courts and pain medication. Plaintiff alleges that Defendants
are attempting to transfer him to render moot the issues
argued in his Complaint and request for TRO. Plaintiff asks
the Court to prohibit his transfer until the Court can decide
the merits of his request for a TRO. Plaintiff also requests
the appointment of counsel.
Motion Requesting Additions to the Record; and
Reconsideration of TRO; Renewed Request for Counsel (Doc.
asks the Court to reconsider his request for a TRO and to add
his state petition for writ of habeas corpus under K.S.A.
60-1501 to the Court record. Plaintiff states that he
believes defense counsel has misled the Court into believing
that a hold was not placed on Plaintiff from Clay County,
Missouri. Plaintiff also states that he has not received a
copy of this Court's order denying his request for a TRO.
Plaintiff once again asks this Court to stay his extradition
until his state habeas action is resolved and to appoint
counsel. Plaintiff alleges that he is in administrative
segregation at Butler County Jail and has no access to the
law library and is limited to mailing one large or two small
legal letters per week. Plaintiff also asks the Court to make
extra copies of his motions, alleging that his
court-appointed attorney in his state habeas action has
refused to make extra copies.
Motion for Judgment by Default; Notice of Limited Access to
Courts; and Supplemental Motion for Counsel (Doc.
alleges that he does not have a copy of Doc. 19 and restates
his allegations regarding access to the courts and the denial
of pain medication. Plaintiff states that he was ordered to
proceed pro se in his state habeas action. Plaintiff alleges
that he has limited paper to prepare motions. Plaintiff again
asks the court to enter a TRO and to appoint counsel.
Plaintiff asks the Court to enter a default judgment due to
Defendants' failure to respond to Plaintiff's request
for a TRO and amended complaint.
Motion to Amend (Doc. 39)
seeks leave to file an amended complaint alleging a denial of
access to the court and adding additional defendants.
Plaintiff alleges that staff at the Butler County Jail are
denying his access to the legal library and limiting him to
two indigent envelopes and two pieces of paper and one golf
pencil per week. Plaintiff seeks to add as defendants the
Butler County District Attorney, the Clay County ...