Escalante v. Burmaster
| Kansas District Court | |
| Judge: | John W Broomes |
| Referred: | Teresa J James |
| Case #: | 2:23-cv-02471 |
| Nature of Suit | 440 Civil Rights - Other Civil Rights |
| Cause | 42:1983 Civil Rights Act |
| Case Filed: | Oct 19, 2023 |
| Terminated: | Jan 05, 2024 |
| Last checked: Tuesday Apr 16, 2024 3:39 AM CDT |
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Defendant
Paul William Burmaster
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Represented By
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Interested Party
United States of America
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Represented By
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Plaintiff
Matthew Aaron Escalante
E-Filing & ECF Notifications 733 Hemlock Street
Gardner, KS 66030 |
GPO
Dec 04 2023
MEMORANDUM AND ORDER denying 11 Plaintiff's "Emergency Immediate Motion for Substitution of Judge" (construed as a motion for judicial recusal or disqualification). Signed by Magistrate Judge Teresa J. James on 12/4/2023. (byk) |
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GPO
Dec 06 2023
MEMORANDUM AND ORDER. Plaintiff's motion to combine the pleadings (Doc. 27) is denied. However, the court will allow Plaintiff to file a motion to amend his complaint and attach a proposed amendment that includes all of the factual allegations that are relevant to his claims. Plaintiff's motion to amend must be filed by 12/15/2023. At this time, Plaintiff is restricted from filing any documents or motions in this action unless his filing is a motion to amend the complaint, proper responses or reply briefs to motions currently pending, or a response to a dispositive motion if one is filed by Defendant. If Defendant files an answer and declines to file a dispositive pleading, Plaintiff is precluded from filing any documents until the court has had time to rule on the matters currently pending. After such time, a scheduling conference will be held. Should Plaintiff seek to file any other motions, pleadings, or any other document other than those authorized herein, Plaintiff must first seek leave from the court. In order to do that, Plaintiff must file a motion to asking the court to approve his proposed filing, along with the reason why the filing is necessary at the time, and attach the proposed filing to the motion. The court will rule on the motion expeditiously. To the extent the court determines that a hearing is appropriate before ruling on any such motion, such hearings will generally be held in person at the federal courthouse in Wichita, Kansas. Signed by District Judge John W. Broomes on 12/6/2023. (mam) |
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GPO
Dec 19 2023
ORDER denying 36 Plaintiff's Motion for Appointment of Counsel. Signed by Magistrate Judge Teresa J. James on 12/19/2023. (byk) |
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GPO
Jan 05 2024
MEMORANDUM AND ORDER granting in part and denying in part 38 Motion to Dismiss. Defendant's motion to dismiss this action is GRANTED and his motion for sanctions is DENIED. Plaintiff's motion to amend 41 is DENIED.This action is dismissed. The filing restrictions set forth herein will go into effect unless Plaintiff files an objection on or before January 15, 2024. If an objection is filed, the court will rule on the merits of such objection. Signed by District Judge John W. Broomes on January 5, 2024. (mls) |
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GPO
Jan 18 2024
MEMORANDUM AND ORDER: Plaintiff's objections (Docs. 55, 56) are overruled. The following filing restrictions are now imposed in this district. If Mr. Escalante seeks to file a new lawsuit in the District of Kansas and is proceeding pro se, he shall file a petition with the Clerk of Court requesting leave to file a complaint or other pleading that includes: 1. A copy of this Order and any subsequent Order involving filing restrictions; 2. A copy of the proposed complaint or pleading; 3. A list of all other lawsuits or other matters currently pending or previously filed with this court or any other court that involve the same or similar claims or parties, including the name, number, and status or disposition of each listed case; 4. A notarized affidavit certifying that: (1) The claims have not been previously asserted and/or do not involve issues previously litigated and resolved; and (2) The claims are not frivolous, malicious, or made in bad faith. Mr. Escalante shall mail or otherwise deliver his submissions to the Clerk of the Court, who shall forward them to a judge of this court for determination as to whether the complaint or pleading is lacking in merit, duplicative, frivolous, or malicious. The court will either allow the filing or issue an order of denial. Failure to follow these procedures will result in the summary rejection of any future case Mr. Escalante attempts to file in this court. Further, Mr. Escalante is on notice that repeated attempts to file actions based on the state court proceedings will result in sanctions, including monetary sanctions and/or attorney fee awards. Signed by District Judge John W. Broomes on January 18, 2024. (mls) |
| Docket last updated: 58 minutes ago |
| Wednesday, May 01, 2024 | ||
| 63 | 63
appeal
Mandate
Wed 05/01 10:10 AM
APPEAL MANDATE from 10CCA: dismissing appeal for lack of prosecution. (Appeal No. 24-3010 (jal) |
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Att: 1
Transmittal Letter
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