Smith-Parker (ID 2000056791) v. Schnurr

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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF KANSAS
WILLIE JEROME SMITH-PARKER,
Petitioner,
v. 	CASE NO. 25-3095-JWL
DAN SCHNURR,
Respondent.
MEMORANDUM AND ORDER
This matter is a petition for writ of habeas corpus filed pursuant to 28 U.S.C. § 2254 by
Petitioner Willie Jerome Smith-Parker, a state prisoner incarcerated at Hutchinson Correctional
Facility in Hutchinson, Kansas. It comes now before the Court on the third amended petition (Doc.
37), which is discussed in greater detail below. It also comes before the Court on a document
Petitioner filed that is titled “Proof of Attempt to File Appeal,” (Doc. 38) which appears to be in
response to a portion of this Court’s November 5, 2025 memorandum and order (“M&O”).
While reciting the procedural history of this case, the M&O noted Petitioner’s assertion
that he had filed a notice of appeal from the August 2024 denial of his second K.S.A. 60-1507
motion but had not “heard back from the courts.” (Doc. 32, p. 3.) In a footnote, the Court explained:
“As of the date of this order, the publicly available records of the Saline County District Court do
not reflect that a notice of appeal was ever received by the district court.” Id. at 3 n.1 (citation
omitted). Petitioner now has submitted to this Court a copy of a notice of appeal that certifies that
it was placed into the mail on August 15, 2024. (Doc. 38, p. 3.)
But the case number on this notice of appeal is “2020 CV 165,” which is the number
assigned to Petitioner’s first K.S.A. 60-1507 motion, which was filed in 2020 and denied in March
2023. See Kansas Judicial Branch CaseSearch 1 , Saline County Case No. 2020-CV-000165.
1 The Kansas Judicial Branch CaseSearch, located at casesearch.kscourts.gov, appears to have replaced the Kansas
District Court Public Access Portal as the location for public access to Kansas district court case records.
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Petitioner timely appealed the denial, but the Kansas Court of Appeals affirmed the denial and, in
March 2025, the Kansas Supreme Court denied review. Petitioner’s second K.S.A. 60-1507 motion
was filed on July 26, 2024 and the state district court assigned it case number SA-2024-CV-
000165. See Kansas Judicial Branch CaseSearch, Case No. SA-2024-CV-000165.
In any event, despite Petitioner’s filing with this Court, the publicly available records of
case number SA-2024-CV-000165 do not reflect that the state district court received a notice of
appeal for filing in that case. Whether Petitioner is now able to pursue an appeal of the ruling in
case number SA-2024-CV-000165 is a question that must be determined by the state courts under
state law. For its part, this Court must proceed on the information now before it in this federal
habeas action and it will take no further action on Petitioner’s “Proof of Attempt to File Appeal.”
(Doc. 38.)
The Court has conducted an initial review of the operative third amended petition (Doc.
37) under Rule 4 of the Rules Governing Section 2254 Cases in the United States District Courts
and finds that:
1. 	Petitioner is presently a prisoner in the custody of the State of Kansas; and
2. 	Petitioner demands his release from such custody, and as grounds therefore alleges that
he is being deprived of his liberty in violation of his rights under the Constitution of
the United States, and he claims that he has exhausted all remedies afforded by the
courts of the State of Kansas.
IT IS THEREFORE ORDERED
1. 	That pursuant to Rule 5 of the Rules Governing Section 2254 Cases in the United States
District Courts, Respondent shall file an answer on or before February 5, 2026
showing why the writ should not be granted based on the arguments in the third
amended petition (Doc. 37).
2. 	That the answer should present:
a. 	The necessity for an evidentiary hearing on the grounds alleged in Petitioner’s
pleading;
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b. 	Whether any argument therein is barred by a statute of limitations, the failure
to exhaust state remedies, or any other procedural bar; and
c. 	An analysis of the asserted grounds for relief and any cases and supporting
documents relied upon by Respondent in opposition to the same.
Respondent shall cause to be forwarded to this Court for examination and review the
records and transcripts, if available, of the criminal proceedings complained of by Petitioner. If a
direct appeal of the judgment and sentence of the trial court was taken by Petitioner, Respondent
shall furnish the records, or copies thereof, of the appeal proceedings and any subsequent
postconviction proceedings.
3. 	That upon the termination of the proceedings herein, the clerk of this Court will return
to the clerk of the proper state court all state court records and transcripts.
4. 	That Petitioner be granted to and including March 5, 2026 to file a traverse—or
reply—to the answer, admitting or denying, under oath, all factual allegations therein
contained.
5. 	That the clerk of this Court then return this file to the undersigned for such other and
further proceedings as may be appropriate; and that the clerk of this Court transmit
copies of this order to Petitioner and to the office of the Attorney General for the State
of Kansas.
IT IS SO ORDERED.
DATED: 	This 5th day of December, 2025, at Kansas City, Kansas.
S/ John W. Lungstrum
JOHN W. LUNGSTRUM
United States District Judge
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