Polk v. Bunting et al
Plaintiff: Dustyn Polk
Defendant: Gary Bunting, Kelvin Bellinger and Vincent Gonzalez
Case Number: 2:2023cv02415
Filed: September 15, 2023
Court: US District Court for the District of Kansas
Presiding Judge: John W Lungstrum
Nature of Suit: Habeas Corpus (Prison Condition)
Cause of Action: 28 U.S.C. ยง 1446 Petition for Removal
Jury Demanded By: Defendant
Docket Report

This docket was last retrieved on April 26, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 9, 2023 Opinion or Order Filing 15 ORDER re #6 MOTION to Dismiss : Defendants' reply brief in support of their motion to dismiss shall be filed on or before December 11, 2023. Signed by District Judge John W. Lungstrum on 11/9/2023. Mailed to pro se party Dustyn Polk by regular mail. (jal)
November 8, 2023 Filing 14 SUPPLEMENTAL INFORMATION by Plaintiff Dustyn Polk. (msb)
November 6, 2023 Filing 13 RESPONSE by Plaintiff Dustyn Polk re #11 Order(msb)
October 31, 2023 Filing 12 DOCKET ANNOTATION: The PDF document attached to the original filing of the #11 Order has been blocked from public view; the corrected document has been added to that entry and is attached to this annotation for noticing purposes only. (smnd)
October 27, 2023 Opinion or Order Filing 11 ORDER ENTERED: The deadline for defendants' reply brief in support of their motion to dismiss is vacated. If plaintiff does file an amended complaint, the Court will deny the pending motion as moot, and defendants may respond to that complaint by filing an answer or another motion in accordance with the applicable rules as they see fit. If plaintiff does not file an amended complaint by the deadline of November 22 - or if plaintiff notifies the Court that he does not intend to file any such amended complaint - the Court will set a new deadline for defendants' reply brief in support of the pending motion. Signed by District Judge John W. Lungstrum on 10/27/23. Copy mailed to Dustyn Polk by regular mail. (smnd) Modified text to add copy mailed to plaintiff on 10/27/2023. (smnd) (Additional attachment(s) added on 10/31/2023: #1 Corrected Main Document) (smnd). Modified on 10/31/2023 to add document with Judge Lungstrum's signature. (smnd)
October 26, 2023 Filing 10 RESPONSE by Plaintiff Dustyn Polk re #6 Motion to Dismiss. (kmc)
October 23, 2023 Opinion or Order Filing 9 ORDER ENTERED: Plaintiff's motion for an extension of time (Doc. #8 ) is granted. On or before November 22, 2023, plaintiff shall file either a response to defendants' motion to dismiss or an amended complaint. Signed by District Judge John W. Lungstrum on 10/23/23. Mailed to pro se party Dustyn Polk by regular mail with forms and instructions relating to the filing of complaints under Section 1983. (smnd)
October 20, 2023 Filing 8 MOTION for Leave to Amend Petition re #1 Notice of Removal by Plaintiff Dustyn Polk (msb)
October 2, 2023 Filing 7 MEMORANDUM IN SUPPORT of #6 MOTION to Dismiss by Defendants Kelvin Bellinger, Gary Bunting, Vincent Gonzalez(Seck, Michael)
October 2, 2023 Filing 6 MOTION to Dismiss by Defendants Kelvin Bellinger, Gary Bunting, Vincent Gonzalez (Seck, Michael)
September 28, 2023 Opinion or Order Filing 5 ORDER ENTERED: Defendants' Motion to Exceed Page Limitation (Doc. #4 ) is granted. Defendants are granted leave to enlarge their memorandum in support of their motion to dismiss to 30 pages. Signed by District Judge John W. Lungstrum on 09/28/23. Mailed to pro se party Dustyn Polk by regular mail. (smnd)
September 27, 2023 Filing 4 MOTION for Leave to file Exceed Page Limitations by Defendants Kelvin Bellinger, Gary Bunting, Vincent Gonzalez (Seck, Michael)
September 15, 2023 Filing 3 RETURN OF SERVICE of Summons - served Defendant Gary Bunting by personal service on 8/28/2023 (ORIGINALLY FILED IN DOUGLAS COUNTY DISTRICT COURT ON 08/28/2023; See Doc. #1 , page 99 for pleading). (mls)
September 15, 2023 Filing 2 CIVIL COVER SHEET by Defendants Kelvin Bellinger, Gary Bunting, Vincent Gonzalez. (Seck, Michael)
September 15, 2023 Filing 1 NOTICE OF REMOVAL from District Court of Douglas County, Kansas, case number 2023-cv-000117 Trial location of Kansas City ( Filing fee $402, Internet Payment Receipt Number AKSDC-6154644.), filed by Vincent Gonzalez, Kelvin Bellinger, Gary Bunting. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Seck, Michael)
September 15, 2023 NOTICE OF JUDGE ASSIGNMENT: Case assigned to District Judge John W. Lungstrum for all proceedings. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (nac)

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Plaintiff: Dustyn Polk
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Defendant: Gary Bunting
Represented By: Michael K. Seck
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Defendant: Kelvin Bellinger
Represented By: Michael K. Seck
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Defendant: Vincent Gonzalez
Represented By: Michael K. Seck
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