Escalante v. Gardner, Kansas, City of
| Kansas District Court | |
| Judge: | John W Broomes |
| Referred: | Teresa J James |
| Case #: | 2:23-cv-02529 |
| Nature of Suit | 440 Civil Rights - Other Civil Rights |
| Cause | 28:1983 Civil Rights |
| Case Filed: | Nov 29, 2023 |
| Terminated: | Apr 17, 2024 |
| Last checked: Monday May 27, 2024 3:48 AM CDT |
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Defendant
Gardner, Kansas, City of
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Plaintiff
Matthew Aaron Escalante
E-Filing & ECF Notifications ; as father and natural parent of 733 Hemlock Street
Gardner, KS 66030 |
GPO
Mar 14 2024
ORDER TO SHOW CAUSE. Plaintiff must show good cause in writing to the Honorable John W. Broomes, United States District Judge, on or before April 4, 2024, why this action should not be dismissed for failure to state a claim on which relief may be granted pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii). Show Cause Response due by 4/4/2024. Signed by Magistrate Judge Teresa J. James on 3/14/2024. Mailed to pro se party Plaintiff by regular mail.(hmg) |
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GPO
Apr 17 2024
MEMORANDUM AND ORDER ENTERED: The court ADOPTS the R&R by Magistrate Judge James. This action is DISMISSED as it is frivolous. The motion to take judicial notice (Doc. 11) is DENIED AS MOOT. The clerk is to strike Docs. 12 and 13 from the record. Plaintiff is admonished that this case is now closed. The only proper filing in this closed case is a notice of appeal or a motion under Federal Rule of Civil Procedure 59 or 60. Any improper filing will be struck without further notice. Signed by District Judge John W. Broomes on 4/17/2024. (jal) |
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GPO
May 02 2024
MEMORANDUM AND ORDER denying 20 Motion for Relief. Signed by District Judge John W. Broomes on 5/2/2024. (ca) |
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GPO
May 08 2024
MEMORANDUM AND ORDER denying 26 Motion for Relief from judgment. Signed by District Judge John W. Broomes on 5/8/2024. (ca) |
| Docket last updated: 8 hours ago |
| Thursday, September 19, 2024 | ||
| 32 | 32
appeal
Mandate
Thu 09/19 9:16 AM
APPEAL MANDATE from 10CCA: affirming decision of the District Court (Appeal No. 24-3058 (ca) |
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Att: 1
Transmittal Letter
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| Tuesday, May 14, 2024 | ||
| 31 | 31
appeal
Appellants Brief
Tue 05/14 9:12 PM
APPELLANT'S BRIEF by Matthew Aaron Escalante.(Escalante, Matthew) |
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Att: 1
Exhibit Prejudice Affidavit in Corrupted Chief Droege state court proceeding of 23-DV00908, the Chief is being shown his own misconduct 2 days before trial by Father of Escalante matters,
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Att: 2
Exhibit Gardner PD lawsuit that is Given to JoCo. Chief Judge Droege is manipulating the civil and criminal dockets, this Lawsuit will certainly see the same from Droege. Chief is going and sitting on them all, corrupting them.,
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Att: 3
Exhibit Affidavit,
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Att: 4
Exhibit Line 11Transcript of Chief moving corrupt in 23-DV00908, KSA 20-311b is being violated several pages, in this Droege file he is speaking inaccurately of Doc 26 issued on July 25, 2023. That is not true, doc 18 issued July 25th and it expired. Chief knows Prot. Order is Expired since Aug 10 serve failed,
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Att: 5
Exhibit FORM COL for Parties in 23-DV00908, Plaintiff feels he has a Right to try to protect himself if the Section 1983 and Broomes rulings will not, Respectfully
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| Friday, May 10, 2024 | ||
| 30 | 30
order
Order
Fri 05/10 2:24 PM
ORDER striking the notice of removal (Doc. 28) as improperly filed. This is not the proper procedure for removal of criminal actions. In any event, the court is without jurisdiction in this matter because it is on appeal. The clerk is directed to strike the notice of removal and send a copy of this order to the clerk of the Johnson County District where the underlying state court criminal proceeding is pending. Plaintiff is further admonished to abide by the filing restrictions imposed upon him in Case No. 23-2471 JWB. Entered by District Judge John W. Broomes on 05/10/2024. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)(jmr) |
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| 29 | 29
appeal
Record on Appeal Retrieved by 10CCA
Fri 05/10 1:55 PM
RECORD ON APPEAL retrieved by 10CCA, consisting of: Volume I - Pleadings, re16 Notice of Appeal - Final Judgment. (Appeal No. 24-3058 (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (jal) |
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| Thursday, May 09, 2024 | ||
| 28 | 28
notice
Notice of Removal
Thu 05/09 6:46 PM
NOTICE OF REMOVAL from Johnson County District Court, case number 23-DV00908 Trial location of Kansas City, filed by Matthew Aaron Escalante.(Escalante, Matthew) |
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Att: 1
Exhibit Johnson County docketed amended Notice of Removal in 23DV00908,
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Att: 2
Exhibit Docket 23-DV00908 Plausible,
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Att: 3
Exhibit Certified Transcript verifying that a Defendant Affiant Sergeant is Not Endorsed upon presentati of Affidavit that brought false probable cause to a judge on July 5, 2023,
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Att: 4
Exhibit 23-DV00908 Prosecution evidence.pdf containing Page 1 and 2, and an alleged subpoena of purported Positive Verification AFTER arrest, Constituting False Affidavit of Non Verified information to bring a false arrest under State vs Cook precedent,
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Att: 5
Exhibit The only document served to the defendant of the county case, this is required under 28 USC 1455 to provide to this Notice. Thank you.
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| Wednesday, May 08, 2024 | ||
| 27 | 27
3
pgs
order
Order on Motion for Relief
Wed 05/08 3:28 PM
MEMORANDUM AND ORDER denying26 Motion for Relief from judgment. Signed by District Judge John W. Broomes on 5/8/2024. (ca) |
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utility
Motions No Longer Referred
Wed 05/08 8:53 AM
MOTION REFERRAL to Magistrate Judge REMOVED as to: 26 Second MOTION for Relief from Judgment pursuant Rule 60b(2). The motion will be resolved by the District Judge.(byk) |
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| Tuesday, May 07, 2024 | ||
| 26 | 26
motion
Relief from Judgment
Tue 05/07 7:33 PM
Second MOTION for Relief from Judgment pursuant Rule 60b(2) Respectfully submitted to this Judiciary by Plaintiff Matthew Aaron Escalante (Escalante, Matthew) |
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Att: 1
Exhibit Certified Transcript of 23-DV00908 -Defendant Chief Judge corruptly moving a county criminal case against Justice and the Plaintiff, and failing at it. Page 1, Chief has failed to give notice to bondsman of modification of bond conditions KSA 22-2807 Chief has yet to issue an enforceable order to the Clerk on his new bond condition, Page 8 Chief has failed to issue an enforceable new written bond order and he is threatening the Plaintiff if he doesn't abide by it, Page 9 the Chief is lying about wanting to give Plaintiff a fair trial, as Chief is breaking judicial rule 2.11 just to be in that case and do what he is doing. Page 17, Chief judge of the Johnson County Charles Droege is speaking about how plaintiff and the attorneys have to follow the Rules, and this while the Chief Judge is breaking the laws in the case. Page 24-29 show the Law of KSA 20-311b and d being broken a few ways. Case 23-DV00908 shows a denial of a prejudice affidavit in April and there is no prejudice affidavit docketed before it. 12 Judicial 601b violations were just given to the Commission on Exhibit B and Droege, in the case where Gardner Cops are seen lying in affidavits. Intolerable
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| Saturday, May 04, 2024 | ||
| 25 | 25
misc
Affidavit
Sat 05/04 1:42 PM
AFFIDAVIT of Fathers Affidavit to US Dept of Justice, the Kansas Bureau and the Federal Bureau of Investigation & the Kansas Supreme Court Commission on Judicial Conduct - Burmaster/Droege by Matthew Aaron Escalante.(Escalante, Matthew) |
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Att: 1
Plaintiff Matthew Escalante entered this Court in Good Faith. Plaintiff brought his children into this Court to receive an Opportunity for Relief under Civil Rights Act of 1964 Section 1983. Section 1983 provides the Plaintiffs the right to sue state goverment employees and others acting 'under the color of state law'. The evidence across multiple high court Escalante cases verifies that the Plaintiff and his 2 minor daughters are experiencing those violations prolonged over many years. The plaintiff daughters are harmed everyday by parental alienation by the Johnson County Court and even this Defendant Gardner Police Department. And Judge Broomes has not served in the interest of Justice in Escalante matters. Because harm still comes and matter are just piling up of constitutional offenses by all defendant. The Chief Judge of Johnson Co. verbally threatened the Plaintiff father 24 hours ago in Case 23-DV00908 in front of a State Prosecutor Bianca Finney. As Chief said, "you should be scared (Mr Escalante)" this in Div 8, 23-DV00908 Transcript ordered from S.Hilt Court Reporter and due on Wednesday 5.8.24 Plaintiff is not an attorney, Plaintiff can fend for his own, but the Plaintiff's children, I demand their protection please from the FBI and KBI. This is being docketed here, because their minor, and these are crimes being shown out of Johnson Co and its the ones who enforce the laws that are doing the crimes. Judge Broomes precluded most of it from this Court. I am pointing the FBI, to this docket, for the minor childrens relief please. Examine the docket of JoCo 23-DV00908. t.y.
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| Friday, May 03, 2024 | ||
| 24 | 24
appeal
Preliminary Record on Appeal Sent
Fri 05/03 8:56 AM
SUPPLEMENTAL PRELIMINARY RECORD ON APPEAL transmitted to 10CCA re16 Notice of Appeal - Final Judgment. (Appeal No. 24-3058 (jal) |
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Att: 1
Supplemental Preliminary Packet
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| 23 | 23
1
pgs
appeal
Order of 10CCA
Fri 05/03 8:46 AM
ORDER of 10CCA: The abatement of this appeal is lifted. (Appeal No. 24-3058 (jal) |
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| Thursday, May 02, 2024 | ||
| 22 | 22
3
pgs
order
Order on Motion for Relief
Thu 05/02 12:04 PM
MEMORANDUM AND ORDER denying20 Motion for Relief. Signed by District Judge John W. Broomes on 5/2/2024. (ca) |
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| 21 | 21
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pgs
appeal
Order of 10CCA
Thu 05/02 8:41 AM
ORDER of 10CCA: This appeal is ABATED. The deadline for Mr. Escalante's opening brief is vacated pending further order of the court. (Appeal No. 24-3058 (jal) |
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| Monday, April 29, 2024 | ||
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utility
Motions No Longer Referred
Mon 04/29 8:21 AM
MOTION REFERRAL to Magistrate Judge REMOVED as to: 20 MOTION for Relief from Judgment Pursuant Rule 60(b)(2) New Evidence. The motion will be resolved by the District Judge.(byk) |
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| Friday, April 26, 2024 | ||
| 20 | 20
motion
Relief from Judgment
Fri 04/26 6:12 PM
MOTION for Relief from Judgment Pursuant Rule 60(b)(2) New Evidence by Plaintiff Matthew Aaron Escalante (Escalante, Matthew) |
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Att: 1
Exhibit Docket of Dismissed Case 24-DV00172 That Was Being Maliciously Moved by High Court Defendants in Escalante Cases Against Plaintiffs
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| Thursday, April 18, 2024 | ||
| 19 | 19
appeal
Appeal Number Information
Thu 04/18 3:44 PM
APPEAL DOCKETED in 10CCA on 4/18/2024 and assigned Appeal No. 24-3058 re16 Notice of Appeal - Final Judgment filed by Matthew Aaron Escalante. (jal) |
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| 18 | 18
appeal
Preliminary Record on Appeal Sent
Thu 04/18 11:27 AM
AMENDED PRELIMINARY RECORD ON APPEAL transmitted to 10CCA re16 Notice of Appeal - Final Judgment.(jal) |
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Att: 1
Corrected Preliminary Packet
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| 17 | 17
appeal
Preliminary Record on Appeal Sent
Thu 04/18 9:18 AM
PRELIMINARY RECORD ON APPEAL transmitted to 10CCA re16 Notice of Appeal - Final Judgment. (jal) |
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Att: 1
Preliminary Packet
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appeal
Appeal Filing Fee Waived/Not Paid
Thu 04/18 8:57 AM
APPEAL FEE STATUS: Filing fee not paid re:16 Notice of Appeal - Final Judgment on behalf of Plaintiff Matthew Aaron Escalante. Filer granted IFP status on 12/21/2023. (THIS IS A TEXT ONLY ENTRY-NO DOCUMENT IS ASSOCIATED WITH THIS TRANSACTION) (jal) |
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| Wednesday, April 17, 2024 | ||
| 16 | 16
appeal
Notice of Appeal - Final Judgment
Wed 04/17 7:46 PM
NOTICE OF APPEAL as to14 Memorandum & Order,,15 Judgment by Plaintiff Matthew Aaron Escalante.(Escalante, Matthew) |
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Att: 1
Evidence from City of Gardner that verifies Plaintiffs claims in this Lawsuit and Burmaster II, and III,
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Att: 2
The Federal Judiciary would be well to protect the Children of Kansas and investigate why Federal Judge John Broomes is dismissing matters that have affimative case records docketed of county judicial fraud that is being furthered by the Gardner Police. The plaintiff minor child is a 14 year old, and her sister is nine, and I'm way too good of father to not let this judiciary know that Federal Judge John Broomes has been violating Judicial Canons moving in prejudice to dismiss evidence of crimes, its all over this case docket. atrocious.
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order
Judgment
Wed 04/17 3:14 PM
JUDGMENT ENTERED: Pursuant to memorandum and order filed April 17, 2024, the court ADOPTS the R&R by Magistrate Judge James. This action is DISMISSED as it is frivolous. Signed by deputy clerk on 4/17/2024. (jal) |
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7
pgs
order
Memorandum & Order - DO NOT USE TO RULE ON MOTIONS
Wed 04/17 3:11 PM
MEMORANDUM AND ORDER ENTERED: The court ADOPTS the R&R by Magistrate Judge James. This action is DISMISSED as it is frivolous. The motion to take judicial notice (Doc.11 ) is DENIED AS MOOT. The clerk is to strike Docs.12 and13 from the record. Plaintiff is admonished that this case is now closed. The only proper filing in this closed case is a notice of appeal or a motion under Federal Rule of Civil Procedure 59 or 60. Any improper filing will be struck without further notice. Signed by District Judge John W. Broomes on 4/17/2024. (jal) |
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| Monday, April 15, 2024 | ||
| 13 | 13
misc
Affidavit
Mon 04/15 1:25 PM
AFFIDAVIT of JoCo 10th District Court Corruption - Chief Judge Charles Droege/District Judge Paul Burmaster knowingly breaking Judicial Rules against Plaintiffs - GPD enforcing their facially invalid orders, knowingly to deprive Rights from Plaintiffs - Affidavit given to JoCo Clerk at 12:50pm April 15, 2024 re7 Order to Show Cause, by Matthew Aaron Escalante.(Escalante, Matthew) |
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Att: 1
Exhibit JoCo 10th District Court Corruption - Chief Judge Charles Droege/District Judge Paul Burmaster knowingly breaking Judicial Rules against Plaintiffs - GPD enforcing their facially invalid orders, knowingly
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| Thursday, April 11, 2024 | ||
| 12 | 12
notice
Notice (Other)
Thu 04/11 11:10 AM
NOTICE of Additional Authorities Kansas Open Records Act Violations & Denial of Rights Under Color of Law Violation Warning--18 U.S.C. §242; 18 U.S.C. §245; 42 U.S.C. §1983 Chief Judge of Johnson County Violating Canons 1 and 2 through use of Defendant PD in Case Record exhibits by Matthew Aaron Escalante re9 Response to Order to show Cause(Escalante, Matthew) |
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Att: 1
Exhibit JoCo Chief Judge Manipulation of Justice in Civil Dockets 22CV03391, 18CV03813, 23CV06700 & Criminal docket 24-DV00172 - Plaintiff's Motion given to Johnson Co. District Court Clerk on 4/11/24 for proper docketing in 18CV03813 pursuant the Law of KSA 60-260
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| Tuesday, April 09, 2024 | ||
| 11 | 11
notice
Notice (Other)
Tue 04/09 11:04 AM
NOTICE of Plaintiff's Motion for the Court to Take Judicial Notice of Jo.Co.Dt.Ct. Cases of 22CV03391, 18CV03813, 22CV00890 and 24-DV00172 - JoCo Chief and District Honorable's Deception of Plaintiff's Purported DV Order of PFS by Matthew Aaron Escalante(Escalante, Matthew) |
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Att: 1
Exhibit Exhibit B - JoCo Prot. Order Case 22CCV03391 Motion to Modify/Terminate pursuant KSA 60-31a06 for non-compliance with Federal and State Law (Vawa and 60-31a06),
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Att: 2
Exhibit C - JoCo Prot. Order Case 22CV03391 Chief Judge Denial of Exhibit C,
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Att: 3
Exhibit D - Motion for Venue Change in JoCo 24-DV00172 -Chief Judge Crime of KSA 21-5907 Simulation of False Admin Order on or around April 4th or April 5th in JoCo Case 22CV00890 K. vs. K,
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Att: 4
Exhibit E - JoCo Courts two Violations of Kansas Open Records for Failure to Reproduce Case Record of 22CV03391 Oct 18, 2023 that shows in Plaintiff's transcripts that are docketed in every federal case of Plaintiff after Burmaster I,
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Att: 5
EXHIBIT #4 CASE RECORD OF 18CV03813 PAGE 10, VERIFYING EXTENDED ORDER OF PFS 22CV03391 as ILLEGAL, and EXHIBIT D from Chief Judge as Deception
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| Thursday, April 04, 2024 | ||
| 10 | 10
misc
Exhibits
Thu 04/04 5:57 PM
EXHIBIT(S) IN SUPPORT of9 Response to Order to show Cause by Plaintiff Matthew Aaron Escalante Exhibit A, Case Record of Motion to Stay a State Proceeding Where Defendant Gardner Police Dept Has Wrongfully Enforced a Known Void Doc 307 Court Order from 18CV03813 Causing Constitutional Harm for attachment to Amended Show Cause Response (ECF Doc 8) . (Escalante, Matthew) |
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| 9 | 9
respm
Response to Order to Show Cause
Thu 04/04 5:51 PM
RESPONSE re7 Order to Show Cause, by Plaintiff Matthew Aaron Escalante(Escalante, Matthew) |
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| Tuesday, April 02, 2024 | ||
| 8 | 8
respm
Response to Order to Show Cause
Tue 04/02 1:45 PM
RESPONSE re7 Order to Show Cause, by Plaintiff Matthew Aaron Escalante(Escalante, Matthew) |
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misc
Docket Annotation
Tue 04/02 7:46 AM
DOCKET ANNOTATION: Plaintiff Matthew Aaron Escalante is a registered pro se participant with e-filing & ECF notifications. (gw) |
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| Thursday, March 14, 2024 | ||
| 7 | 7
order
Show Cause
Thu 03/14 10:10 AM
ORDER TO SHOW CAUSE. Plaintiff must show good cause in writing to the Honorable John W. Broomes, United States District Judge, on or before April 4, 2024, why this action should not be dismissed for failure to state a claim on which relief may be granted pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii). Show Cause Response due by 4/4/2024. Signed by Magistrate Judge Teresa J. James on 3/14/2024. Mailed to pro se party Plaintiff by regular mail.(hmg) |
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| Thursday, December 21, 2023 | ||
| 6 | 6
2
pgs
order
Order on Motion for Leave to Proceed In Forma Pauperis
Thu 12/21 1:22 PM
ORDER GRANTING IN FORMA PAUPERIS STATUS BUT WITHHOLDING SERVICE OF SUMMONS AND COMPLAINT.3 Plaintiff's Motion for Leave to Proceed Without Prepayment of Fees is granted, but service of summons and the1 Complaint upon Defendants shall be withheld pending further order of the Court. Signed by Magistrate Judge Teresa J. James on 2/21/2023. (byk) |
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| Wednesday, December 06, 2023 | ||
| 5 | 5
order
Reassigning Case
Wed 12/06 11:23 AM
ORDER REASSIGNING CASE: Case reassigned to District Judge John W. Broomes for all further proceedings. District Judge Holly L. Teeter no longer assigned to case. Signed by District Judge Holly L. Teeter on 12/6/2023. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)(md) |
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| Thursday, November 30, 2023 | ||
| 4 | 4
misc
Designation of Place of Trial
Thu 11/30 12:36 PM
DESIGNATION OF PLACE OF TRIAL filed by Plaintiff Matthew Aaron Escalante - trial to be held in Kansas City. (nac) |
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| 3 | 3
motion
Proceed In Forma Pauperis
Thu 11/30 10:16 AM
MOTION for Leave to Proceed in forma pauperis by Plaintiff Matthew Aaron Escalante NOTE - Access to document is restricted pursuant to the courts privacy policy. (nac) |
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notice
Notice of Judge Assignment
Thu 11/30 10:17 AM
NOTICE OF JUDGE ASSIGNMENT: Case assigned to District Judge Holly L. Teeter and Magistrate Judge Teresa J. James for all proceedings. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) NOTICE OF MAGISTRATE JUDGE AVAILABILITY: A United States magistrate judge is available to conduct all proceedings in this civil action if all parties voluntarily consent. Information & consent forms are available at http://www.uscourts.gov/forms/civil-forms/notice-consent-and-reference-civil-action-magistrate-judge (nac) |
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| Wednesday, November 29, 2023 | ||
| 2 | 2
misc
Civil Cover Sheet
Thu 11/30 10:12 AM
CIVIL COVER SHEET re1 Complaint by Plaintiff Matthew Aaron Escalante. (nac) |
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| 1 | 1
cmp
Complaint
Thu 11/30 10:08 AM
COMPLAINT (No Summons Issued) with trial location of Kansas City, filed by Matthew Aaron Escalante. (nac) |
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