United States District Court, D. Kansas
JEFFREY J. SPERRY, Plaintiff,
LINDSEY WILDERMUTH, et al., Defendants.
MEMORANDUM AND ORDER
CROW U.S. SENIOR DISTRICT JUDGE
Jeffrey J. Sperry, a prisoner at the El Dorado Correctional
Facility (EDCF) in El Dorado, Kansas, brings this civil
rights action pursuant to 42 U.S.C. § 1983. Mr. Sperry
proceeds pro se.
Sperry alleges his constitutional rights have been violated
by a variety of conditions of his confinement. His Complaint
lists ten (10) counts. To summarize, Plaintiff claims: (1) he was
illegally placed in administrative segregation for 17 months;
(2) he was held for just over two months in a cell infested
with roaches; (3) he has been systematically prevented from
getting an 8hour period of continuous sleep since January 25,
2016; (4) Defendants have illegally seized two of
Plaintiff's books, three periodicals, and one photograph;
(5) he was denied access to the law library while he was held
in administrative segregation; (6) and (7) some of
Plaintiff's personal property, including some of his
legal materials, was illegally seized; (8) none of the 25
disciplinary hearings he has received have been fair,
unbiased, or properly documented; (9) the prison grievance
system is meaningless and manipulated by Defendants to
automatically deny all relief and to create obstacles between
prisoners and judicial review; and (10) he was denied all of
his rights while housed in administrative segregation. It
appears from the Complaint that these alleged violations
occurred at the Lansing Correctional Facility (LCF) and EDCF.
Court conducted an initial review of the Complaint as
required by the Prison Litigation Reform Act, 28 U.S.C.
§ 1915A(a), and issued an order directing Plaintiff to
show cause why several counts should not be dismissed.
See ECF No. 31. Plaintiff filed a timely response to
the show cause order. See ECF No. 34.
reviewing Plaintiff's response, the Court finds that the
proper processing of Plaintiff's claims cannot be
achieved without additional information from appropriate
officials of the Kansas Department of Corrections (KDOC).
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 of KDOC 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. §
IS THEREFORE ORDERED BY THE COURT
Clerk of Court shall serve Defendants under the e-service
pilot program in effect with the Kansas Department of
Upon the electronic filing of the Waiver of Service Executed
pursuant to the e-service program, KDOC shall have
sixty (60) days to prepare the
Martinez Report. Upon the filing of that report, the
AG/Defendants shall have an additional sixty (60)
days to answer or otherwise respond to the
Officials responsible for the operation of LCF and EDCF are
directed to undertake a review of the subject matter of the
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 and EDCF to
interview all witnesses having knowledge ...