Escalante v. Burmaster
| Matthew Aaron Escalante |
| Paul William Burmaster |
| United States of America |
| 2:2023cv02471 |
| October 19, 2023 |
| US District Court for the District of Kansas |
| John W Broomes |
| Teresa J James |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on January 18, 2024. A more recent docket listing may be available from PACER.
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Filing 44
ORDER denying #10 "Plaintiff-Intervenor United States' Motion to Intervene"; denying #14 "Plaintiff-Intervenor United States' Second Motion to Intervene"; denying #18 "Amended Cert of Service Plaintiff-Intervenor United States' Second Motion to Intervene"; and denying #26 "Motion to Compel Joinder with the US Department of Justice." Notwithstanding the titles of the referenced motions, the United States did not file them, rather Plaintiff did. The United States has filed responses #12 , #23 , #24 , #29 , respectively, in opposition to each of the referenced motions. Although rambling, Plaintiff's motions request intervention or joinder of the United States in this case based principally upon Fed. R. Civ. P. 24, but Plaintiff offers no authority by which he is authorized to speak or request intervention in this case on behalf of the United States. To the contrary, in response to the first referenced motion #12 the United States debunks any such notion, noting that only the United States Attorney for the District of Kansas or an Assistant District United States Attorney delegated that authority by the United States Attorney for the District of Kansas has that power. The United States has not intervened in this case and has chosen not to intervene in the case. The Court agrees with the United States that neither Rule 24, nor any other authority cited by Plaintiff allows him to compel the United States to intervene in this case. The referenced motions are therefore denied and, moreover, the Court cautions Plaintiff against filing any additional motion(s) seeking to require the intervention or joinder of the United States in this case or any other motion(s) implying that Plaintiff is requesting relief on behalf of the United States. Signed by Magistrate Judge Teresa J. James on 12/13/2023. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (byk)
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Filing 43
INITIAL ORDER REGARDING PLANNING AND SCHEDULING: In-person Status and Scheduling Conference set for 1/16/2024 at 01:00 PM (central time) in KC Courtroom 236 (TJJ) before Magistrate Judge Teresa J. James. Attendance in person is mandatory. The Court will not require the parties to hold a planning conference pursuant to Fed. R. Civ. P. 26(f), submit a proposed Scheduling Order, or exchange Fed. R. Civ P. 26(a)(1) initial disclosures at this time. Signed by Magistrate Judge Teresa J. James on 12/13/2023. (byk)
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Filing 42
RESPONSE to #28 Notice (Other) of Motion for the Court to Take Judicial Notice of Johnson County District Court Cases by Defendant Paul William Burmaster. (Goheen, Gregory)
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Filing 41
MOTION for Leave to Amend Complaint re #6 Amended Complaint, #1 Complaint, #8 Amended Complaint, #15 Amended Complaint,, into ONE COMPLAINT EVENT 10/18/23 Dt Ct Hearing 18CV03813 & KSA 21-5907 Simulating 22CV03391 and its Defiency by Plaintiff Matthew Aaron Escalante (referred to Magistrate Judge Teresa J. James) (Attachments: #1 Proposed Amended Complaint)(Escalante, Matthew)
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Filing 40
MEMORANDUM IN OPPOSITION by Plaintiff Matthew Aaron Escalante re #38 MOTION to Dismiss PLAINTIFF FATHERS MEMORANDUM OF LAW IN OPPOSITION TO DEFENDANT JUDGE'S MOTION TO DISMISS BECAUSE A CRIME IS SHOWING (Attachments: #1 Defendants Exhibit B, #2 Defendants Exhibit C, #3 Plaintiffs Exhibit D 10-18-23 Case Record Transcript 18CV03813, #4 Plaintiff's Exhibit E 08-10-23 Insufficient Order)(Escalante, Matthew)
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Filing 39
MEMORANDUM IN SUPPORT of #38 MOTION to Dismiss by Defendant Paul William Burmaster (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Goheen, Gregory)
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Filing 38
MOTION to Dismiss by Defendant Paul William Burmaster (Goheen, Gregory)
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Filing 37
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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Filing 36
MOTION to Appoint Counsel as a consideration & Declaration of Good Faith Efforts to Obtain as Provision 1-4 Met by Plaintiff Matthew Aaron Escalante (referred to Magistrate Judge Teresa J. James) (Escalante, Matthew)
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Filing 35
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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Filing 34
NOTICE of Plainitff's Statement Under 28 U.S. Code 1746 of the Notification that has come to Plaintiff from the Joco court that appears as Retaliation from the defendant potentially threatening the Protected Liberty of Plaintiff by Matthew Aaron Escalante (Escalante, Matthew)
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Filing 33
STATEMENT 28 U.S. Code 1746 The Defendant is Accessory to Many Unlawful Acts by Plaintiff Matthew Aaron Escalante. (Escalante, Matthew)
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Filing 32
EXHIBIT(S) IN SUPPORT of #1 Complaint by Plaintiff Matthew Aaron Escalante Plaintiff's Declaration and Affirmative of District Judicial Misconduct of Defendant Acting Against the Plaintiff with Intent to Harm Father and His Children Pursuant 28 U.S. Code 1746. (Escalante, Matthew)
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Filing 31
MOTION for Writ of Children's Habeas Corpus and Motion to Joinder et al Plaintiff children and a defendant for Writ only - Habeas shows Clear Absence of All Jurisdiction by Plaintiff Matthew Aaron Escalante (referred to Magistrate Judge Teresa J. James) (Escalante, Matthew)
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Filing 30
STATEMENT Memorandum in Support of Operative Complaint #1 Injunction and Plaintiff Respectful Request for this Court to Consider DHS Protocol of REVOCATION OF VAWA SELF-PETITION GIVEN ON JULY 08 2022 - REVOCATION DUE TO PROCEDURAL ABUSE OF KANSAS PROTECTION PORTAL PROCESS BY DEFENDANTS IN DOC #1 JOCO 22CV03391 by Plaintiff Matthew Aaron Escalante. (Escalante, Matthew)
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Filing 29
RESPONSE by Interested Party United States of America re #26 Motion for Joinder (Allman, Christopher)
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Filing 28
NOTICE of Motion To Take Judicial Notice of Jo.Co.Dt.Ct.Case #22CV03391 & #18CV03813 Pursuant Rule 201 by Matthew Aaron Escalante (Escalante, Matthew)
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Filing 27
MOTION for Joinder Complaints Doc #1, Doc #6, Doc #8, and Doc #15 into one Section 1983 Complaint for Civil Action for Deprivation of Rights Under the Color of Law by Plaintiff Matthew Aaron Escalante (referred to Magistrate Judge Teresa J. James) (Escalante, Matthew)
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Filing 26
MOTION for Joinder Motion to Compel Joinder With the United States Department of Justice by Plaintiff Matthew Aaron Escalante (referred to Magistrate Judge Teresa J. James) (Escalante, Matthew)
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Filing 25
CLERKS ORDER EXTENDING TIME until 12/8/2023 for Defendant Paul William Burmaster to answer or otherwise plead. Signed by deputy clerk on 11/22/2023. (jsh)
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Filing 24
RESPONSE by Interested Party United States of America re #18 Motion to Intervene, (Allman, Christopher)
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Filing 23
RESPONSE by Interested Party United States of America re #14 Motion to Intervene,, (Allman, Christopher)
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Filing 22
ORDER REFERRING MOTION to Magistrate Judge James re #11 Motion for Recusal filed by Matthew Aaron Escalante Signed by District Judge John W. Broomes on 11/16/23. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry. )(rs)
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Filing 20
MEMORANDUM IN SUPPORT of #11 MOTION for Recusal And Support for Doc #5 Disqualification for Dt.Ct.PWB by Plaintiff Matthew Aaron Escalante(Escalante, Matthew)
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Filing 21
PLAINTIFF Fathers Docket Statement Given Pursuant 28 U.S. Code 1746 - Unsworn Declarations Under Penalty of Federal Perjury by Plaintiff Matthew Aaron Escalante re #17 Return of Service of Summons Executed. (Attachments: #1 Exhibit A) (mam)
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Filing 19
STATEMENT re #17 Return of Service of Summons Executed A Material Misrepresentation by Defendants Administrative Assistant is Showing on the Exhibit A (USPS Return Receipt Green Card) USPS electronic verifications show Pennell got the Summons on Nov 2 2023, but Pennell logged she got it on Nov 8, 2023. Nov 2nd was the last day of a 14 day period the Plaintiff had to serve the summons, and he did correctly. Pennells attempt to log a later date could be used as a misrepresentation in court. Plaintiff is making the Department of Justice aware and the Magistrate, respectfully, as well by Plaintiff Matthew Aaron Escalante. (Escalante, Matthew)
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Filing 17
SUMMONS RETURNED EXECUTED -- Certified Mail by Matthew Aaron Escalante upon Paul William Burmaster served on 11/2/2023, answer due 11/24/2023. (nac)
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NOTICE OF DOCKET TEXT MODIFICATION by Deputy Clerk regarding #14 : At the request of the plaintiff, the title of this entry has been changed to -- Second Motion to Intervene specifically for Order directing District Judge PWB to fix the deficiency of 22CV03391 that lies in the Gardner Police Department and with Mr. Escalante, done knowingly by district judge. Hon. Burmaster will only take that directive from the DOJ. K.AG motions have failed. (mam)
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Filing 16
STATEMENT re #15 Amended Complaint,, Memorandum in Support of Fourth Civil Rights Violation Complaint of Unconstitutional "Order Restricting Matthew Escalante's Contact with the Court" issued March 20, 2023 without jurisdiction and non compliance with Kansas Supreme Courts "Summary of Authorities for Judges to Consider Whether to Restrict Filings" under Section IV subsection (e). Discriminatory doc 262 then infringed upon the Plaintiff's Open Considered Job applications and Considered Interviews for Potential Hire that were on file with the Court, the morning of March 20,2023. Doc 262 infringed Federal EEOC policy and JoCo EEO/non discrimination policy 105, Judge had no right to ruin the Plaintiff's career potential opportunities if Judge did not abide by Supreme Court rules by Plaintiff Matthew Aaron Escalante. (Escalante, Matthew)
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Filing 15
AMENDED COMPLAINT Fourth Civil Rights Complaint alleging Judicial Misconduct Knowing Produced by Judge Paul W Bumaster - 6 months of deprivations of civil rights are showing, and this why Plaintiff Father has invited the Dept of Justice to be present. Burmaster is engaging knowing in Acts against 18 USC 242 Deprivations of Rights under the Color Law, A felony offense against the Father maliciously by a judge in misconduct against Paul William Burmaster, filed by Matthew Aaron Escalante.(Escalante, Matthew)
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Filing 18
AMENDED CERTIFICATE OF SERVICE AND AMENDED SECOND MOTION to Intervene specifically for Order directing District Judge PWB to fix the deficiency of 22CV03391 that lies in the Gardner Police Department and with Mr. Escalante, done knowingly by district judge. Hon. Burmaster will only take that directive from the DOJ. K.AG motions have failed by Plaintiff Matthew Aaron Escalante. (Motion referred to Magistrate Judge Teresa J. James.) (mam)
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Filing 14
SECOND MOTION to Intervene specifically for Order directing District Judge PWB to fix the deficiency of 22CV03391 that lies in the Gardner Police Department and with Mr Escalante, done knowingly by district judge. Hon. Burmaster will only take that directive from the DOJ. K.AG motions have failed by Plaintiff Matthew Aaron Escalante. (Motion referred to Magistrate Judge Teresa J. James.) (Escalante, Matthew) Modified on 11/13/2023 to add "fix" to the entry by request of the filer. (mam)
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Filing 13
ENTRY OF APPEARANCE by Christopher Allman on behalf of United States of America (Allman, Christopher)
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Filing 12
RESPONSE by Interested Party United States of America re #10 Motion to Intervene (Allman, Christopher)
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Filing 11
EMERGENCY IMMEDIATE MOTION for Substitution of Judge by Plaintiff Matthew Aaron Escalante. (mam)
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Filing 10
Plaintiff's Motion for United States to Intervene to Defend the VAWA 18USC2265 Full Faith and Credit Given to Protective Orders by Plaintiff Matthew Aaron Escalante (referred to Magistrate Judge Teresa J. James) (Escalante, Matthew)
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Filing 9
STATEMENT re #1 Complaint Plaintiff's Statement of Fact Pursuant 28 U.S. Code 1746 regarding District Judge Misconduct directly causing civil rights violations in 18CV03813 and 22CV03391 by Plaintiff Matthew Aaron Escalante. (Escalante, Matthew)
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Filing 8
SECOND AMENDED COMPLAINT against Paul William Burmaster filed by Matthew Aaron Escalante. (RE-FILED 7 FOR ADMINISTRATIVE PURPOSES)(kas)
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Filing 7
(DISREGARD - SEE DE 8 FOR CORRECTED FILING) MOTION to Enforce the Constitution of the United States Amendment 14 Section 1 Clause 5.2 Liberty Deprivations without Due Process against district judge in misconduct, PWB from Division 14 in Johnson County KS- 10th District Family Court by Plaintiff Matthew Aaron Escalante (Escalante, Matthew) Modified on 10/24/2023 (kas).
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Filing 6
AMENDED COMPLAINT against Paul William Burmaster filed by Matthew Aaron Escalante.(RE-FILED #5 FOR ADMINISTRATIVE PURPOSES) (kas)
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Filing 5
(DISREGARD - SEE DE #6 FOR CORRECTED FILING) MOTION to Disqualify District Judge PWB for Violations of Civil Rights of Plaintiff MAE while under the color of law in JoCo 18CV03813 and in clear absence of jurisdiction on Aug 14, 2023 by Plaintiff Matthew Aaron Escalante (referred to Magistrate Judge Teresa J. James) (Escalante, Matthew) Modified on 10/24/2023 (kas).
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Filing 4
STATEMENT re #1 Complaint Memorandum In Support of Civil Action by Plaintiff Matthew Aaron Escalante. (Escalante, Matthew)
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Filing 3
DESIGNATION OF PLACE OF TRIAL filed by Plaintiff Matthew Aaron Escalante - trial to be held in Kansas City. (ca)
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DOCKET ANNOTATION: Plaintiff Matthew Aaron Escalante is a registered pro se participant with e-filing & ECF notifications. (gw)
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Filing 2
CIVIL COVER SHEET re #1 Complaint by Plaintiff Matthew Aaron Escalante. (jk)
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Filing 1
COMPLAINT with trial location of Kansas City, filed by Matthew Aaron Escalante. (jk)
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FILING FEE PAID: in the amount of $402, receipt number 500000981. (jk)
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NOTICE OF DEFICIENCY - Designation of place of trial is missing. The filing party/attorney is directed to correct the deficiency immediately. Mailed to pro se Plaintiff Matthew Aaron Escalante at 799 Hemlock Street, Gardner, KS 66030 by regular mail. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (jk)
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SUMMONS ISSUED as to Paul William Burmaster (Returned to plaintiff for service). Notice, Consent, and Reference of a Civil Action to a Magistrate Judge Form provided to Plaintiff for service with complaint. Mailed copy of NEF to pro se Plaintiff Matthew Aaron Escalante at 799 Hemlock Street, Gardner, KS 66030 by regular mail. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry) (jk)
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NOTICE OF JUDGE ASSIGNMENT: Case assigned to District Judge John W. Broomes and Magistrate Judge Teresa J. James for all proceedings. Copy mailed to pro se Plaintiff Matthew Aaron Escalante at 799 Hemlock Street, Gardner, KS 66030 by regular mail. (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 (jk)
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