Escalante v. Burmaster
Plaintiff: Matthew Aaron Escalante
Defendant: Paul W. Burmaster
Case Number: 2:2023cv02130
Filed: March 23, 2023
Court: US District Court for the District of Kansas
Presiding Judge: Toby Crouse
Referring Judge: Teresa J James
Nature of Suit: Civil Rights: Other
Cause of Action: 42 U.S.C. § 1983 Civil Rights Act
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on June 14, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
May 17, 2023 Opinion or Order Filing 26 ORDER denying #25 Plaintiff's Emergency Motion for Temporary Injunction Against Enforcement of District Court Order Doc. 262. Plaintiff's motion does not meet the requirements of Fed. R. Civ. P. 65(b)(1) for issuance of a temporary restraining order without notice, and therefore will be addressed by the Court in due course along with Plaintiff's other pending motions and filings in response to the Court's #13 Order to Show Cause. Signed by Magistrate Judge Teresa J. James on 5/17/2023. (Mailed to pro se Plaintiff by regular mail.) (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (byk)
May 12, 2023 Opinion or Order Filing 25 MOTION titled: Emergency Motion for Temporary Injunction Against Enforcement of District Court Order Doc 262 Pending Kansas Commission of Judicial Conduct Ethics Complaints #2879, 2902, 2921, & 2929, by Plaintiff Matthew Aaron Escalante (Attachments: #1 Exhibit List, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6)(ca)
May 9, 2023 Opinion or Order Filing 24 AMENDED #21 NOTICE of Judicial Misconduct in Johnson County, Kansas Court, Division 14 by Matthew Aaron Escalante. (ca)
May 9, 2023 Opinion or Order Filing 23 RESPONSE to #13 Order to Show Cause by Plaintiff Matthew Aaron Escalante. (ca)
May 7, 2023 Opinion or Order Filing 22 AMENDED MOTION for Summary Judgment (titled, Motion for Summary Judgement for Dismissal of District Court "Order Restricting Matthew Escalante's Contact with the Court" #262 in JOCO 18CV03813 for Legal Insufficiency and Non Enforcability) by Plaintiff Matthew Aaron Escalante. (Attachments: #1 Exhibits)(heo)
May 5, 2023 Opinion or Order Filing 21 NOTICE of Judicial Misconduct in Johnson County, Kansas Court, Division 14 by Matthew Aaron Escalante. (ca)
May 4, 2023 Opinion or Order Filing 20 EXHIBIT(S) IN SUPPORT of #19 MOTION for Summary Judgment by Plaintiff Matthew Aaron Escalante. (jal)
May 1, 2023 Opinion or Order Filing 19 MOTION for Summary Judgment by Plaintiff Matthew Aaron Escalante. (Attachments: #1 Evidence List and Exhibits in Support) (jal)
May 1, 2023 Opinion or Order Filing 18 RESPONSE by Plaintiff Matthew Aaron Escalante to #13 Order.(msb)
May 1, 2023 Opinion or Order Filing 17 DECLARATION of Matthew A. Escalante (msb)
May 1, 2023 Opinion or Order Filing 16 SECOND AMENDED VERIFIED COMPLAINT filed by Matthew Aaron Escalante.(msb)
April 28, 2023 Opinion or Order Filing 15 PETITION for A WRIT OF HABEAS CORPUS UNDER 28 U.S.C. 2241 by Plaintiff Matthew Aaron Escalante. (ca)
April 28, 2023 Opinion or Order Filing 14 ORDER denying #5 Plaintiff's Motion for Appointment of Counsel. Signed by Magistrate Judge Teresa J. James on 4/28/2023. (Mailed to pro se party Plaintiff by regular mail on 4/28/2023). (byk)
April 28, 2023 Opinion or Order Filing 13 ORDER granting #4 Plaintiff's Motion for Leave to Proceed in forma pauperis and ORDER TO SHOW CAUSE. Plaintiff's Motion to Proceed Without Prepayment of Fees is hereby granted, but the Court withholds service of process pending 1915(e) review. IT IS FURTHER ORDERED that Plaintiff is hereby required to show good cause in writing on or before 5/22/2023, (1) why his claims against Defendant should not be dismissed as barred by judicial immunity; (2) why the Court should not abstain from ruling on the merits of Plaintiff's claims under the Younger abstention doctrine, and (3) why his requests for injunctive relief against Defendant--a judicial officer--should not be denied under 42 U.S.C. 1983. Signed by Magistrate Judge Teresa J. James on 4/28/2023. (Mailed to pro se Plaintiff by regular mail on 4/28/2023).(byk)
April 28, 2023 Opinion or Order MOTION REFERRAL to Magistrate Judge REMOVED as to: #11 MOTION asking federal intervention and #12 MOTION for Immediate Relief from Retaliation. The motions will be resolved by the District Judge.(byk)
April 18, 2023 Opinion or Order Filing 12 MOTION for Order by Plaintiff Matthew Aaron Escalante. (Titled "Motion for Emergency Docketing on 2:23-CV2130-TC-TJJ Lawsuit -Immediate Relief from Judge Paul W. Burmasters Retaliation against Plaintiff for Reporting Misconduct - Retaliation prohibited under Kan. R. Rel. Jud. Cond. 2 RULE 2.16") (sz)
April 6, 2023 Opinion or Order Filing 11 MOTION asking federal intervention of Declaratory Reliefs spoke of in #7 Amended Complaint, by Plaintiff Matthew Aaron Escalante (ca)
April 5, 2023 Opinion or Order Filing 10 AFFIDAVIT of Discrimination Charge Brought Against the 10th Judicial District & Judge Paul W Burmaster by the Plaintiff, Matthew Aaron Escalante. (Attachments: #1 Exhibit)(ca)
April 3, 2023 Opinion or Order Filing 9 (NOTE: Access to document is restricted pursuant to the courts privacy policy.) FINANCIAL AFFIDAVIT re #4 MOTION for Leave to Proceed in forma pauperis by Plaintiff Matthew Aaron Escalante. (kmc)
March 31, 2023 Opinion or Order Filing 8 AFFIDAVIT of Matthew Aaron Escalante re #7 Amended Complaint by Matthew Aaron Escalante. (ca)
March 30, 2023 Opinion or Order Filing 7 AMENDED COMPLAINT against Paul W. Burmaster, filed by Matthew Aaron Escalante. (Attachments: #1 Exhibit 1, #2 Exhibit 2) (jk)
March 24, 2023 Opinion or Order Filing 6 DEMAND FOR TRIAL BY JURY and Designation of Place of Trial by Matthew Aaron Escalante. (kmc)
March 24, 2023 Opinion or Order NOTICE OF JUDGE ASSIGNMENT: Case assigned to District Judge Toby Crouse 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 (kmc)
March 24, 2023 Opinion or Order (DISREGARD - FILED IN ERROR; summons will not be issued until after the Motion for IFP is ruled upon) SUMMONS ISSUED as to Paul W. Burmaster. (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) (kmc) Modified on 3/24/2023 (kmc).
March 23, 2023 Opinion or Order Filing 5 MOTION to Appoint Counsel by Plaintiff Matthew Aaron Escalante (referred to Magistrate Judge Teresa J. James). (kmc)
March 23, 2023 Opinion or Order Filing 4 MOTION for Leave to Proceed in forma pauperis NOTE - Access to document is restricted pursuant to the courts privacy policy. by Plaintiff Matthew Aaron Escalante (referred to Magistrate Judge Teresa J. James) (kmc)
March 23, 2023 Opinion or Order Filing 3 DESIGNATION OF PLACE OF TRIAL filed by Plaintiff Matthew Aaron Escalante - trial to be held in Kansas City. (kmc)
March 23, 2023 Opinion or Order Filing 2 CIVIL COVER SHEET re #1 Complaint by Plaintiff Matthew Aaron Escalante. (kmc)
March 23, 2023 Opinion or Order Filing 1 COMPLAINT (No Summons Issued) with trial location of Kansas City, filed by Matthew Aaron Escalante. (Attachments: #1 Attachment 1, #2 Attachment 2) (kmc)

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Plaintiff: Matthew Aaron Escalante
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Defendant: Paul W. Burmaster
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