Allen Dean Washburn v. Tina Miller

Summary

The court stays the defendant's deadline to answer or otherwise respond while it screens a prisoner complaint under 28 U.S.C. § 1915A. The action was removed from Kansas state court to the United States District Court for the District of Kansas, and the order directs that a further order will issue after screening is complete.

Holdings

1. A prisoner's complaint seeking redress from a governmental entity or a governmental officer or employee is subject to screening under 28 U.S.C. § 1915A even when the action was removed from state court.
2. The defendant's deadline to answer or otherwise respond to the complaint is stayed pending further order of the court.

Questions Presented

1. Whether a prisoner's complaint removed from state court is subject to screening under 28 U.S.C. § 1915A.
2. Whether the defendant's deadline to answer or otherwise respond should be stayed pending completion of the federal screening process.

Disposition

other