Rundquist v. Kansas, State of, Et al.

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF KANSAS
SCOTT GREGORY RUNDQUIST,
Private man, Trustee of the SCOTT
GREGORY RUNDQUIST TRUST, and
RUNDQUIST FAMILY TRUST
Plaintiffs,
Case No. 25-2640-DDC-ADM
v.
STATE OF KANSAS, et al.,
Defendants.
MEMORANDUM AND ORDER
Before the court is United States Magistrate Judge Angel D. Mitchell’s Report and
Recommendation (Doc. 9). Judge Mitchell recommended that the court deny plaintiffs’ Motion
for Leave to Proceed In Forma Pauperis (Doc. 3). She also ordered that licensed counsel for the
Scott Gregory Rundquist Trust and the Rundquist Family Trust enter their appearance within 14
days after this Order. Doc. 9 at 3–4. And she warned that failure to pay the $405 statutory filing
fee or failure of retained counsel timely to enter their appearance may result in dismissal.
Plaintiffs1 received notice of their right under 28 U.S.C. § 636(b)(1) and Fed. R. Civ. P. 72 to file
an objection to the Report and Recommendation within 14 days of its service. Id. at 4. The
Report and Recommendation also explained that plaintiff must file any objections within the 14-
day period to secure appellate review. Id.
1 	Because plaintiff Mr. Rundquist appears pro se, the court construes his pleadings liberally and
holds them “to a less stringent standard than formal pleadings drafted by lawyers.” See Hall v. Bellmon,
935 F.2d 1106, 1110 (10th Cir. 1991). But the court can’t assume the role of his advocate. Id. Also,
plaintiff’s pro se status doesn’t excuse him from “the burden of alleging sufficient facts on which a
recognized legal claim could be based.” Id.
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The Clerk sent a copy of the Report and Recommendation to plaintiffs by regular mail,
using the address plaintiffs provided to the court. Id. Service of the Report and
Recommendation was accomplished by “mailing it to [plaintiffs’] last known address—in which
event service [was] completed upon mailing.” Fed. R. Civ. P. 5(b)(2)(C); ReVoal v. Brownback,
No. 14-4076, 2014 WL 5321093, at *1 (D. Kan. Oct. 16, 2014). “Mailing” occurred on
November 7, 2025, when the Clerk mailed the Report and Recommendation to plaintiffs. See
Doc. 9. Thus, the time for plaintiffs to file an objection expired on November 21, 2025.
That deadline has passed, and plaintiffs have not filed any objection. Nor have plaintiffs
sought to extend the time to object. And so, the court now can accept, adopt, and affirm the
Report and Recommendation. And it does so. See Summers v. Utah, 927 F.2d 1165, 1167 (10th
Cir. 1991) (“In the absence of timely objection, the district court may review a magistrate’s
report under any standard it deems appropriate.”); see also Garcia v. City of Albuquerque, 232
F.3d 760, 766–67 (10th Cir. 2000) (explaining under Fed. R. Civ. P. 72(b) a district court must
make a de novo determination only for those portions of the report and recommendation to
which a party specifically has objected).
Having reviewed plaintiffs’ Complaint (Doc. 1) and Judge Mitchell’s Report and
Recommendation (Doc. 9), the court adopts Judge Mitchell’s recommendation. It denies
plaintiffs’ in forma pauperis motion and requires payment of the $405 statutory filing fee within
14 days. Without such payment, the court will dismiss this case. The court also reiterates Judge
Mitchell’s ruling that the trusts may proceed only if represented by licensed counsel admitted to
practice before our court. Doc. 9 at 4. And, to the extent Mr. Rundquist (as a “private man”)
asserts claims in his capacity as trustee of the trusts, retained counsel must bring those claims, as
well—not Mr. Rundquist. See id. at 3 (citing cases for the proposition that a trustee, who is not a
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licensed attorney, cannot represent a trust). If retained counsel doesn’t enter an appearance
within 14 days of this Order, the court will dismiss plaintiffs’ claims brought on behalf of the
trusts for failure to prosecute. Id. at 4.
IT IS THEREFORE ORDERED BY THE COURT THAT plaintiffs’ Motion for
Leave to Proceed In Forma Pauperis (Doc. 3) is denied. Plaintiffs must pay the $405 statutory
filing fee within 14 days of this Order or risk dismissal.
AND IT IS FURTHER ORDERED BY THE COURT THAT the Scott Gregory
Rundquist Trust and the Rundquist Family Trust must retain licensed counsel, who must enter an
appearance within 14 days of this Order or risk dismissal.
AND IT IS FURTHER ORDERED BY THE COURT THAT the Report and
Recommendation issued by United States Magistrate Judge Angel D. Mitchell on November 7,
2025, (Doc. 9) is ACCEPTED, ADOPTED, and AFFIRMED.
IT IS SO ORDERED.
Dated this 26th day of November, 2025, at Kansas City, Kansas
s/ Daniel D. Crabtree
Daniel D. Crabtree
United States District Judge
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