Escalante v. Droege

Kansas District Court
Judge:	Toby Crouse
Referred:	Teresa J James
Case #:	2:23-cv-02536
Nature of Suit	440 Civil Rights - Other Civil Rights
Cause	28:1983 Civil Rights

Case Filed:	Dec 05, 2023
Terminated:	Mar 01, 2024

Last checked: Sunday Jun 02, 2024 5:06 AM CDT

Defendant Charles Droege	Represented By Gregory P. Goheen Mcanany, Van Cleave & Phillips, Pa - Kck contact info
Plaintiff Matthew Aaron Escalante as father and natural parent of ; E-Filing & ECF Notifications 733 Hemlock Street Gardner, KS 66030

GPO Mar 01 2024
MEMORANDUM AND ORDER. Chief Judge Droege's Motion to Dismiss (Doc. 11), is granted in part and this case is dismissed. Fees and costs are not awarded; Doc. 21 is denied. Escalante's extraneous motions, Docs. 16, 19, 20, 23, 24, 25, and 26 are denied. Signed by District Judge Toby Crouse on 3/1/2024. (mam)

GPO Mar 04 2024
ORDER. This case was dismissed with prejudice on 3/1/2024 (Doc. 28). Escalante objected (Doc. 29). This order construes his objection as a motion to amend judgment under Fed. R. Civ. P. 59(e). Escalante bases his objection on Fed. R. Civ. P. 17(c), Doc. 29 at 1, Kan. R. Rel. Dist. Ct. 166, id. at 2, 18 U.S.C. � 2265(d)(1), Doc. 29-5 at 1, and an allegation of fraud in his state court cases, see Doc. 29-7 at 1. Each request either misconstrues the rule, misunderstands its application, or lacks evidentiary support. None of his arguments or extensive exhibits remotely suggest that the Memorandum and Order dismissing his case, Doc. 27, should be amended or reconsidered. Escalante's motion, Doc. 29, is therefore denied. Signed by District Judge Toby Crouse on 3/4/2024. (mam)

Docket last updated: 12 hours ago

Monday, September 30, 2024
36		36 respm Reply to Response to Motion Mon 09/30 2:09 PM REPLY TO RESPONSE TO MOTION by Plaintiff Matthew Aaron Escalante re:33 Motion for Relief from Judgment.(kmc) Related: [-]
		Att: 1 Exhibit,
		Att: 2 Envelope
Friday, September 27, 2024
35		35 1 pgs order Order on Motion for Relief Fri 09/27 8:41 AM ORDER denying33 Motion for Relief. Signed by District Judge Toby Crouse on 09/26/2024. (kmc) Related: [-]
Monday, September 23, 2024
34		34 respm Response to Motion Mon 09/23 7:14 PM RESPONSE by Defendant Charles Droege re33 Motion for Relief from Judgment, (Goheen, Gregory) Related: [-]
Tuesday, September 10, 2024
		utility Motions No Longer Referred Tue 09/10 9:47 AM MOTION REFERRAL to Magistrate Judge REMOVED as to: 33 MOTION for Relief from Judgment. The motion will be resolved by the District Judge.(byk) Related: [-]
Monday, September 09, 2024
33		33 motion Relief from Judgment Tue 09/10 8:51 AM MOTION for Relief from Judgment (titled: Plaintiffs Motion for Relief from Judgment pursuant to Rule 60b(3) Fraud Evidence of Chief Judge Charles Droege acting Illegally Manipulating the Johnson County 10th District Justice System against Plaintiff in Exhibit A-Kora Joco 24CV0311) by Plaintiff Matthew Aaron Escalante. Related [+](kmc) Related: [-] ferred to Magistrate Judge Teresa J. James
		Att: 1 Exhibit A,
		Att: 2 Envelope
Wednesday, June 05, 2024
32		32 2 pgs order Order Wed 06/05 9:35 AM ORDER. Escalante has failed to establish a basis for removal under Section 1455 because his filing does not provide grounds for federal subject-matter jurisdiction as required by 28 U.S.C. � 1455(b)(2). Accordingly, the miscellaneous requests for relief in Doc.31 are denied. Signed by District Judge Toby Crouse on 6/5/2024. (mam) Related: [-]
Wednesday, May 08, 2024
31		31 notice Notice of Removal Wed 05/08 11:36 PM NOTICE OF REMOVAL from Johnson County KS 10th District Court, case number 23-DV00908 Trial location of Kansas City, filed by Matthew Aaron Escalante.(Escalante, Matthew) Related: [-]
		Att: 1 Exhibit Plausible on its Face as Deviating KS Laws - Docket 23-DV00908 Johnson County,
		Att: 2 Exhibit Case Record given to District Judge July 05, 2023 Evidence.pdf with Non Verified Affi,
		Att: 3 Exhibit Hearing Transcript from 23-DV00908 May 3rd 2024,
		Att: 4 Exhibit The Only Order that has been served at all to Defedant in Case 23-DV00908
Monday, March 04, 2024
30		30 2 pgs order Memorandum & Order - DO NOT USE TO RULE ON MOTIONS Mon 03/04 12:42 PM ORDER. This case was dismissed with prejudice on 3/1/2024 (Doc.28 ). Escalante objected (Doc.29 ). This order construes his objection as a motion to amend judgment under Fed. R. Civ. P. 59(e). Escalante bases his objection on Fed. R. Civ. P. 17(c), Doc.29 at 1, Kan. R. Rel. Dist. Ct. 166, id. at 2, 18 U.S.C. � 2265(d)(1), Doc. 29-5 at 1, and an allegation of fraud in his state court cases, see Doc. 29-7 at 1. Each request either misconstrues the rule, misunderstands its application, or lacks evidentiary support. None of his arguments or extensive exhibits remotely suggest that the Memorandum and Order dismissing his case, Doc.27 , should be amended or reconsidered. Escalante's motion, Doc.29 , is therefore denied. Signed by District Judge Toby Crouse on 3/4/2024. (mam) Related: [-]
Sunday, March 03, 2024
29		29 respm Response to Order Sun 03/03 6:05 PM RESPONSE by Plaintiff Matthew Aaron Escalante re27 Order on Motion to Dismiss,, Order on Motion to Strike,, Order on Motion for Sanctions,, Order on Motion to Intervene, Plaintiff Objection to Dismissal - Rule 17 and Loss of Constitution in 2:23-CV02536(Escalante, Matthew) Related: [-]
		Att: 1 Exhibit 1 - Case 18CV03813 w/ No Guardian Appearance Entry Ever - AndUnpermitted Blanket Restriction placed by Defendant,
		Att: 2 Exhibit 2 - 10th District Rules,
		Att: 3 Exhibit 3 - Case 22CV03391 Violation of Kan Sup. Ct Rule 166,
		Att: 4 Exhibit 4 - Case 23-CV06700 Case in Violation of Kan. Sup Ct Rule 166 Mandamus Request to Terminate Doc 28 Unlawful Extended Order from Exhibit 3,
		Att: 5 Exhibit 5 - Case 24-CV00369 Defendant's JoCo Court in affirmative of Violating the Plaintiffs Federal Rights of 18 USC 2265 Section d(1) Publicly Disclosing a Prot. Order Case against Defendant Burmaster,
		Att: 6 Exhibit 8 - Petition for KORA Lawsuit against 10th District being refused entry by the 10th district court - KORA is violated by JoCo refusal to provide the 'purported Extended Order' that was re-served on Oct 18, 2023(seen in Exhibit 9, page 10),
		Att: 7 Exhibit 9- Certified 18CV03813 Transcript showing a purported case record of Ext Order of Prot was allegedly served,
		Att: 8 Stump vs Sparkman 435 US 369 (1978) Precedent of Clear absence of Juris,
		Att: 9 Defendants Job Capacity - does not contain him engaged in concealment of Exhibits 1-9 He's in Clear Absence of Juris There is no Immunity for Defendant with exhibits 1-8,
		Att: 10 Rule 17 - Section C - Plaintiff Minor are unrepresented and must be given representation, Father is qualified Next Friend who has legally entered them per KS Case in Exhibit 11,
		Att: 11 Case of S.E.S vs Galena 2018 US District of Kansas - Verifying Escalante children must have representation before this Lawsuit is dismissed
Friday, March 01, 2024
28		28 order Judgment Fri 03/01 1:45 PM JUDGMENT. Pursuant to the Court's Memorandum and Order filed on March 1, 2024, this case is dismissed with prejudice in favor of Defendant Charles Droege. Signed by deputy clerk on 3/1/2024. (mam) Related: [-]
27		27 8 pgs order Order on Motion to Dismiss Order on Motion to Strike Order on Motion for Sanctions Order on Motion to Intervene Fri 03/01 1:42 PM MEMORANDUM AND ORDER. Chief Judge Droege's Motion to Dismiss (Doc.11 ), is granted in part and this case is dismissed. Fees and costs are not awarded; Doc.21 is denied. Escalante's extraneous motions, Docs.16 ,19 ,20 ,23 ,24 ,25 , and26 are denied. Signed by District Judge Toby Crouse on 3/1/2024. (mam) Related: [-]
Tuesday, February 27, 2024
		utility Motions No Longer Referred Tue 02/27 3:33 PM MOTION REFERRAL to Magistrate Judge REMOVED as to: 25 Emergency Motion for Leave to File Intervenors Complaint on Behalf of the Minor Children. The motion will be resolved by the District Judge.(byk) Related: [-]
Monday, February 26, 2024
26		26 notice Notice (Other) Mon 02/26 11:24 AM NOTICE of25 Emergency Ex Parte Motion for Leave to Intervene and File Intervenors Complaint on Behalf of the Minor Children the DCF as Plaintiff by Matthew Aaron Escalante. (Escalante, Matthew) Related: [-]
25		25 motion Intervene Mon 02/26 11:19 AM EMERGENCY EXPARTE MOTION for Leave to Intervene and File Intervenors Complaint on Behalf of the Minor Children the DCF as Plaintiff by Plaintiff Matthew Aaron Escalante. (Motion referred to Magistrate Judge Teresa J. James.) (Escalante, Matthew) Related: [-]
		Att: 1 Exhibit A - 18CV03813 Docket,
		Att: 2 Exhibit B - Doc 307 - Final Custody Modification - Void Order Doc 307 18CV03813,
		Att: 3 Exhibit C -Certified transcript 10-18-23 of Doc 307 Void. No Personal service, Custodian Contractor Self Disaqualified, Doc 307 LIES,
		Att: 4 Children's Writ Unheard
Thursday, February 22, 2024
24		24 misc Application for Writ Thu 02/22 3:01 PM APPLICATION FOR WRIT of Emergency ExParte Minor Childrens Petition For Writ of Habeas Corpus Emerg. Docketed under Potential of Rule 87 Declared in Petition by Matthew Aaron Escalante.(Escalante, Matthew) Related: [-]
		Att: 1 Exhibit A - 18CV03813 Docket,
		Att: 2 Exhibit B - Doc 307 - Final Custody Modification - Void Order Doc 307 18CV03813,
		Att: 3 Exhibit C -Certified transcript 10-18-23 of Doc 307 Verified No Personal Service,
		Att: 4 Defendant's Judicial Scope Duties and Powers of a Chief Judge - Clear Absence in 18CV03813
Sunday, February 18, 2024
23		23 notice Notice (Other) Sun 02/18 11:25 AM NOTICE of Civil Rights Violations Under Color of Law - FORM COL. Plaintiff does know how to follow Court Orders and has refrained outside 28 USC 144 but Plaintifff is experiencing again Constitutional injuries of detainments without jurisdiction, from all Defendants in JoCo Judiciary, this FORM COL contains more merit for a Recusal of Honorable Broomes from Escalante proceedings. Respectfully submitted by Matthew Aaron Escalante by Matthew Aaron Escalante (Escalante, Matthew) Related: [-]
Monday, February 12, 2024
22		22 order Order on Motion to Stay Case Mon 02/12 1:59 PM ORDER STAYING CASE, granting17 Defendant's Motion to Stay Case. Defendant has asserted immunity defenses in his Motion to Dismiss. The Supreme Court has made it clear that until the threshold question of immunity is resolved, discovery should not be allowed. Harlow v. Fitzgerald, 457 U.S. 800, 818 (1982). The Court finds a stay of discovery to be appropriate, given the immunity issues raised in the pending Motion to Dismiss and in light of the dismissal of Plaintiff's other related cases. Therefore, all discovery, pretrial proceedings, and Rule 26 requirements are hereby stayed until the Court rules on11 Defendant's Motion to Dismiss. This order does not stay the briefing on the pending11 Motion to Dismiss,16 Plaintiff's Motion to Strike Defendant's Answer, or21 Defendant's Motion for Sanctions. Signed by Magistrate Judge Teresa J. James on 2/12/2024. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (byk) Related: [-]
		utility Motions No Longer Referred Mon 02/12 4:24 PM MOTION REFERRAL to Magistrate Judge REMOVED as to: 21 MOTION for Sanctions . The motion will be resolved by the District Judge.(byk) Related: [-]
Thursday, February 08, 2024
21		21 motion Sanctions Thu 02/08 6:25 PM MOTION for Sanctions by Defendant Charles Droege Related [+](Goheen, Gregory) Related: [-] ferred to Magistrate Judge Teresa J. James
		Att: 1 Exhibit A
20		20 misc Affidavit Thu 02/08 2:18 PM AFFIDAVIT of Amended Affidavit of 28 USC 144 - Further Evidence of Johnson County Dt.Ct.Fraud of Judge Paul Burmaster and also Chief Judge Charles Droege is shown to Honorable John Broomes, so that he will hold the county pair accountable or hand the case off to someone who will, respectfully. by Matthew Aaron Escalante. (Escalante, Matthew) Related: [-]
Monday, February 05, 2024
19		19 misc Affidavit Mon 02/05 12:29 PM AFFIDAVIT of 28 U.S.C. 144 Bias/Prejudice of a Judge affecting Civil and Human Rights - Affidavit also of Johnson County KS 10th Judicial District's Judicial and Attorney Misconduct against Kan R Rel Cond Canon 2 and KPRC 8.4(a-g) by Matthew Aaron Escalante. (Escalante, Matthew) Related: [-]
Wednesday, January 31, 2024
18		18 respm Response to Motion Wed 01/31 1:39 PM RESPONSE by Defendant Charles Droege re16 Motion to Strike (Goheen, Gregory) Related: [-]
Tuesday, January 23, 2024
		utility Motions No Longer Referred Tue 01/23 12:53 PM MOTION REFERRAL to Magistrate Judge REMOVED as to: 16 MOTION to Strike 11 MOTION to Dismiss, 12 Memorandum in Support of Motion. The motion will be resolved by the District Judge.(byk) Related: [-]
Thursday, January 18, 2024
17		17 motion Stay Case Thu 01/18 8:19 AM MOTION to Stay Case by Defendant Charles Droege Related [+] (Goheen, Gregory) Related: [-] ferred to Magistrate Judge Teresa J. James
Wednesday, January 17, 2024
16		16 motion Strike Wed 01/17 8:26 PM MOTION to Strike11 MOTION to Dismiss ,12 Memorandum in Support of Motion by Plaintiff Matthew Aaron Escalante Related [+] (Escalante, Matthew) Related: [-] ferred to Magistrate Judge Teresa J. James
15		15 1 pgs order Order on Motion for Summary Judgment Wed 01/17 3:50 PM ORDER denying10 Motion for Summary Judgment, denying requests for relief in Docs.13 and14 . Signed by District Judge Toby Crouse on 1/17/2024. (jal) Related: [-]
14		14 misc Application for Clerks Entry of Default Wed 01/17 1:43 PM APPLICATION FOR CLERKS ENTRY OF DEFAULT by Matthew Aaron Escalante.(Escalante, Matthew) Related: [-]
		Att: 1 Affidavit In Support Pursuant Rule 55
13		13 misc Statement Wed 01/17 6:52 AM STATEMENT Plaintiff's Motion for Clerk's Entry of Default upon Review of Defendants Doc 12 not being attached to its Support Doc #11 When Filed as Entry of Appearance by Plaintiff Matthew Aaron Escalante.(Escalante, Matthew) Modified on 1/17/2024 to remove repeated word in attachment (ca) Related: [-]
		Att: 1 Affidavit in Support of Motion for Clerk's Entry of Default
Tuesday, January 16, 2024
12		12 11 pgs support Memorandum in Support of Motion Tue 01/16 10:00 PM MEMORANDUM IN SUPPORT of11 MOTION to Dismiss by Defendant Charles Droege(Goheen, Gregory) Related: [-]
11		11 motion Dismiss Tue 01/16 9:58 PM MOTION to Dismiss by Defendant Charles Droege (Goheen, Gregory) Related: [-]
10		10 motion Summary Judgment Tue 01/16 9:46 AM MOTION for Summary Judgment Pursuant Rule 56 Upon No Defendant Answer Given by Plaintiff Matthew Aaron Escalante (Escalante, Matthew) Related: [-]
Friday, December 29, 2023
9		9 order Order on Motion to Appoint Counsel Fri 12/29 12:19 PM ORDER denying3 Plaintiff's Motion to Appoint Counsel. This case is yet another in a long string of cases Plaintiff has filed in this court. The Court denies Plaintiff's Motion for the same reasons set out in its recent Order 46 in Escalante v. Burmaster, Case No. 23-cv-2471, denying appointment of counsel in that case. The bases for the denial are even stronger now than they were in the referenced Burmaster case. Most notably, Plaintiff's continued prolific filings in numerous cases before this court document his ability to navigate the federal court system and represent himself. Additionally, as in the referenced Burmaster case, in this case Plaintiff's Amended Complaint again asserts claims against a Kansas State Court judge based upon the same two Johnson County, Kansas domestic cases (Case Nos. 18 -cv-03813 and 22-3391 . Thus, the merits of this case appear questionable in light of judicial immunity and the Younger abstention doctrine, just as they do in the referenced Burmaster case. Signed by Magistrate Judge Teresa J. James on 12/29/2023. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (tvn) Related: [-]
Friday, December 22, 2023
8		8 order Clerks Order Extending Time to Answer Fri 12/22 10:11 AM CLERKS ORDER EXTENDING TIME until 1/16/2024 for Defendant Charles Droege to answer or otherwise plead. Signed by deputy clerk on 12/22/2023.Mailed to pro se party Matthew Escalante by regular mail. (nac) Related: [-]
Thursday, December 21, 2023
7		7 order Reassigning Case - Minute Thu 12/21 4:38 PM MINUTE ORDER REASSIGNING CASE. Case reassigned to Magistrate Judge Teresa J. James for all further proceedings. Magistrate Judge Angel D. Mitchell no longer assigned to case. Signed by Magistrate Judge Angel D. Mitchell on 12/21/2023. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)(ht) Related: [-]
Monday, December 11, 2023
6		6 service Return of Service of Summons EXECUTED Tue 12/12 8:17 AM SUMMONS RETURNED EXECUTED -- Certified Mail by Matthew Aaron Escalante upon Charles Droege served on 12/11/2023, answer due 1/2/2024. (nac) Related: [-]
Sunday, December 10, 2023
5		5 cmp Amended Complaint Sun 12/10 3:09 PM AMENDED COMPLAINT Escalante v Droege - Section 1983 Civil Action from Removed Immunity due to a crime KSA 21-5907 & Deprivations of Const Amdt14.S1.5.8.1 against Charles Droege, filed by Matthew Aaron Escalante.(Escalante, Matthew) Related: [-]
Friday, December 08, 2023
		misc Docket Annotation Fri 12/08 11:04 AM DOCKET ANNOTATION: Plaintiff Matthew Aaron Escalante is a registered pro se participant with e-filing & ECF notifications. (gw) Related: [-]
Tuesday, December 05, 2023
4		4 misc Designation of Place of Trial Tue 12/05 1:31 PM DESIGNATION OF PLACE OF TRIAL filed by Plaintiff Matthew Aaron Escalante - trial to be held in Kansas City. (nac) Related: [-]
3		3 motion Appoint Counsel Tue 12/05 10:06 AM MOTION to Appoint Counsel by Plaintiff Matthew Aaron Escalante Related [+]. (nac) Related: [-] ferred to Magistrate Judge Angel D. Mitchell
2		2 misc Civil Cover Sheet Tue 12/05 9:58 AM CIVIL COVER SHEET re1 Complaint by Plaintiff Matthew Aaron Escalante. (nac) Related: [-]
1		1 cmp Complaint Tue 12/05 9:49 AM COMPLAINT (Summons Issued) with trial location of Kansas City, filed by Matthew Aaron Escalante. (nac) Related: [-]
		misc Filing Fee Paid Tue 12/05 10:00 AM FILING FEE PAID: in the amount of $405, receipt number 500001105. (nac) Related: [-]
		notice Notice of Judge Assignment Tue 12/05 10:03 AM NOTICE OF JUDGE ASSIGNMENT: Case assigned to District Judge Toby Crouse and Magistrate Judge Angel D. Mitchell 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) Related: [-]
		service Summons Issued Tue 12/05 10:09 AM SUMMONS ISSUED as to Charles Droege. (issued to Returned to plaintiff for service) Notice, Consent, and Reference of a Civil Action to a Magistrate Judge Form provided to counsel for service with complaint. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry) (nac) Related: [-]

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