United States District Court, D. Kansas
MEMORANDUM AND ORDER
CROW U.S. SENIOR DISTRICT JUDGE
brings this pro se civil rights action pursuant to
42 U.S.C. § 1983. The Court granted Plaintiff leave to
proceed in forma pauperis. (Doc. 3.) Plaintiff is
incarcerated at the Lansing Correctional Facility in Lansing,
Kansas (“LCF”). Plaintiff alleges that Defendants
have retaliated against him and persecuted him for practicing
his Wiccan religion. Plaintiff alleges that Defendants have
censored religious literature and “essential primary
texts” for his religion, and rubber-stamped all
complaints without any investigation. Plaintiff alleges that
the unlawful censorship violates his First Amendment rights
and violates RLUIPA. Plaintiff also alleges retaliation,
discrimination and harassment. Plaintiff alleges that
Defendant Escobar ransacked Plaintiff's cell in
retaliation for Plaintiff filing a complaint against her.
Plaintiff alleges that Escobar destroyed his altar and
personal religious materials for is Wiccan religion.
Plaintiff alleges that Defendants violated RLUIPA by favoring
mainstream religions and promoting them while discriminating
against Wiccan practices. Plaintiff also alleges that
Defendants are conspiring to conceal their actions. Plaintiff
alleges that he was denied a visit with his mother and her
two friends “out of malice and spite.”
names as defendants: Sam Cline, LCF Warden; (fnu) Escobar,
Unit Team B-2 Counselor at LCF; Danielle Walters, Mail Room
at LCF; Bill Shipman, Administrative Office at LCF; Douglas
W. Burris, KDOC Secretary; and (fnu) Almond, LCF Chaplain.
Plaintiff seeks compensatory damages, punitive damages,
nominal damages, and injunctive relief.
Court finds that the proper processing of Plaintiff's
claims cannot be achieved without additional information from
appropriate officials of LCF. 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 LCF 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 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 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 ...