Kanatzar (ID 2000037347) v. Williams

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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF KANSAS
CALEB KANATZAR,
Petitioner,
v. 	CASE NO. 26-3020-JWL
TOMMY WILLIAMS,
Respondent.
MEMORANDUM AND ORDER
This matter is a petition for writ of habeas corpus filed pursuant to 28 U.S.C. § 2254 by
state prisoner and Petitioner Caleb Kanatzar, who is incarcerated at El Dorado Correctional
Facility in El Dorado, Kansas. (Doc. 1.) Petitioner has moved for leave to proceed in forma
pauperis. (Docs. 2 and 4.) Local Rule 9.1(g)(2)(A) states: 	“Where a petitioner . . . is an inmate of
a penal institution and desires to proceed without prepayment of fees, he or she must also submit
a certificate executed by an authorized officer of the institution in which he or she is confined. The
certificate must state the amount of money or securities on deposit to his or her credit in any
account in the institution.” (See also Doc. 3, p. 1.) Petitioner has filed a notice and supporting
documents indicating that the Kansas Department of Corrections is currently unable to provide the
required certificate. (Doc. 5.) In light of this information, the motions for leave to proceed in forma
pauperis will be provisionally granted. Petitioner will be granted time in which to file either the
required certificate or a status report informing the Court of any additional information he has
received on the availability of the certificate.
The Court has reviewed the petition (Doc. 1) and concludes that a limited Pre-Answer
Response (“PAR”) is appropriate to assist the Court with the review required by Rule 4 of the
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Rules Governing Section 2254 Cases in the United States District Courts. See Wood v. Milyard,
566 U.S. 463, 467 (2012); Denson v. Abbott, 554 F. Supp. 2d 1206 (D. Colo. 2008). Accordingly,
the Court directs Respondent to file a PAR limited to addressing the affirmative defense of
exhaustion of state court remedies under 28 U.S.C. § 2254(b)(1)(A). If Respondent does not intend
to raise the failure to exhaust as a defense, Respondent shall notify the Court of that decision in
the PAR. Respondent will be granted to and including May 5, 2026 in which to file the PAR and
Petitioner will be granted to and including June 5, 2026 in which to file a reply to the PAR if he
wishes. After receipt and consideration of the PAR and any reply Petitioner files, the Court will
issue further orders as necessary.
IT IS THEREFORE ORDERED that Petitioner’s motions to proceed in forma pauperis
(Docs. 2 and 4) are provisionally granted. Petitioner is granted to and including May 5, 2026 to
file either (1) the financial certificate required to support his motions for leave to proceed in forma
pauperis or (2) a status report including any additional information he has received on the
availability of such a certificate.
IT IS FURTHER ORDERED that Respondent is granted until and including May 5, 2026
in which to file a Pre-Answer Response that complies with this order. Petitioner is granted until
and including June 5, 2026 in which to file a reply to the Pre-Answer Response.
IT IS SO ORDERED.
DATED: 	This 5th day of March, 2026, at Kansas City, Kansas.
S/ John W. Lungstrum
JOHN W. LUNGSTRUM
United States District Judge
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