Washburn v. Miller

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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF KANSAS
ALLEN DEAN WASHBURN,
Plaintiff,
v. 	CASE NO. 26-3021-JWL
TINA MILLER,
Defendant.
MEMORANDUM AND ORDER
Plaintiff filed this action on January 13, 2026, in the District Court of 	Saline County,
Kansas. (Doc. 1–2.) The matter was removed to this Court on February 6, 2026, pursuant to 28
U.S.C. §§ 1441 and 1446. 	(Doc. 1.) 	Plaintiff is in custody at the Saline County Jail in Salina,
Kansas.
Plaintiff filed this action in state court, and Defendants removed the action to this Court.
Because Plaintiff is a prisoner and his Complaint seeks redress from a governmental entity or
officer or employee of a governmental entity, it is subject to screening under 28 U.S.C. § 1915A.
See 28 U.S.C. § 1915A(a) (“The Court shall review . . . as soon as practical after docketing, a
complaint in a civil action in which a prisoner seeks redress from a governmental entity or officer
or employee of a governmental entity.”); see also Crosby v. U.S. Attorney’s Office, 2020 WL
1271825, at *3 (D. Kan. 2020) (screening amended complaint after removal from state court);
King v. Hill, 2022 WL 1185124, at *3 (S.D. Ill. 2022) (finding that claims properly removed to
the federal court were subject to screening under Section 1915A); Biron v. Carvajal, 2021 WL
3047250, at *35 (D. Minn. 2021) (stating that “the Court agrees with Defendants that cases
removed from state court are subject to screening under § 1915A” and “courts in this District have
done so”); Johnson v. Bedwell, 2017 WL 4539918, at *1 (S.D. Ind. 2017) (“Although the filing
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fee was paid at the time this action was removed to this Court, this action is still subject to screening
under 28 U.S.C. § 1915A.”).
The Court stays the answer deadline pending this Court’s screening of Plaintiff’s
Complaint under § 1915A. The Court will enter an order after screening is complete.
IT IS THEREFORE ORDERED BY THE COURT that the deadline for Defendant to
answer or otherwise respond to the Complaint is stayed pending further order of the Court.
IT IS SO ORDERED.
Dated February 9, 2026, in Kansas City, Kansas.
S/ John W. Lungstrum
JOHN W. LUNGSTRUM
UNITED STATES DISTRICT JUDGE
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