Woodward (ID 55044) v. Zmuda

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS

DAVID L. WOODWARD,

Plaintiff,

v. CASE NO. 25-3110-JWL

JEFF ZMUDA, et al.,

Defendants.

MEMORANDUM AND ORDER

Plaintiff and Kansas prisoner David L. Woodward brings this pro se civil rights action under 42 U.S.C. § 1983. Plaintiff is in custody at the Lansing Correctional Facility (LCF) in Lansing, Kansas and he has paid the filing fee. This matter comes now before the Court on Plaintiff’s amended complaint (Doc. 8) and his memorandum in support of his amended complaint (Doc. 9), both filed July 17, 2025. Because Plaintiff is a prisoner, the Court is required by statute to screen his amended complaint and to dismiss it or any portion of it that is frivolous, fails to state a claim on which relief may be granted, or seeks relief from a defendant immune from such relief. 28 U.S.C. § 1915A(a) and (b). The Court finds that the proper processing of the claims in the amended complaint cannot be achieved without additional information from appropriate Kansas Department of Corrections (KDOC) officials. 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 KDOC officials to promptly prepare and file a Martinez Report regarding the claims in the amended complaint. Once the Report has been received, the Court can properly screen Plaintiff’s amended complaint under 28 U.S.C. § 1915A. IT IS THEREFORE ORDERED BY THE COURT that: (1) The Kansas Department of Corrections (“KDOC”) shall submit the Martinez Report on or before September 18, 2025. Upon the filing of that Report, the Court will screen Plaintiff’s amended complaint and will issue further orders as appropriate.

(2) KDOC officials are directed to undertake a review of the subject matter of the amended 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 amended complaint; and c. To determine whether other like complaints, whether pending in this Court or elsewhere, are related to the amended complaint in this matter and should be considered together. (3) Upon completion of the review, a written report shall be compiled which shall be

filed with the Court and served on Plaintiff. If the KDOC officials wish to file any exhibits or portions of the report under seal or without service on Plaintiff, they must file such portions separately from the public report and provisionally under seal, to be followed immediately by a Motion to Seal or Redact Document(s). The KDOC officials are exempt from filing the Notice of Proposed Sealed Record under D. Kan. Rule 5.4.2(b). (4) 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. (5) Authorization is granted to the KDOC officials to interview all witnesses having knowledge of the facts, including Plaintiff. (6) No motion or other document addressed to the amended complaint shall be filed

until the Court has reviewed the Martinez Report and entered an order screening the amended complaint. (7) Discovery by Plaintiff shall not commence until Plaintiff has received and reviewed any Court-ordered answer or response to the amended complaint. This action is exempted from the requirements imposed under Fed. R. Civ. P. 26(a) and 26(f).

IT IS FURTHER ORDERED that the Clerk of Court shall enter the KDOC as an interested party on the docket for the limited purpose of preparing the Martinez Report ordered herein. Upon the filing of that report, the KDOC may move for termination from this action.

Copies of this order shall be transmitted to Plaintiff, counsel for the KDOC, and to the Attorney General for the State of Kansas.

IT IS SO ORDERED. Dated July 18, 2025, in Kansas City, Kansas. S/ John W. Lungstrum JOHN W. LUNGSTRUM UNITED STATES DISTRICT JUDGE