McNeese v. Anderson et al

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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF KANSAS
JAMES W. McNEESE,
Plaintiff,
v. 	CASE NO. 25-3267-JWL
(FNU) ANDERSON, et al.,
Defendants.
MEMORANDUM AND ORDER
Plaintiff filed this pro se civil rights case under 42 U.S.C. § 1983. On December 12, 2025,
the Court entered a Memorandum and Order dismissing this matter as frivolous or malicious,
finding that this case was Plaintiff’s seventh case filed based on the same claim.1 (Doc. 2.) The
Memorandum and Order and Judgment were mailed to Plaintiff at his current address of record—
the Sedgwick County Jail in Wichita, Kansas. (Docs. 2, 3.) On December 29, 2025, the documents
were returned as undeliverable with a notation that Plaintiff was no longer in custody there.
(Doc. 4.)
Plaintiff failed to give the Court notice of his change of address. 	The Court’s Local Rules
provide that “[e]ach attorney or pro se party must notify the clerk of any change of address or
telephone number.” 	D. Kan. Rule 5.1(b)(3). The Federal Rules of Civil Procedure provide that a
paper is served by “mailing it to the person’s last known address—in which event service is
complete upon mailing.” Fed. R. Civ. P. 5(b)(2)(C).
1 See McNeese v. Anderson, Case No. 24-3153-JWL (D. Kan.); McNeese v. Anderson, Case No. 24-3227-JWL (D.
Kan.); McNeese v. Anderson, Case No. 25-3026-HLT-ADM (D. Kan.); McNeese v. Anderson, Case No. 25-3060-
JWL (D. Kan.); McNeese v. Anderson, Case No. 25-3073-JWL (D. Kan.); and McNeese v. Anderson, Case No. 25-
3083-JWL (D. Kan.).
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On March 16, 2026, Plaintiff filed a response indicating that he is now housed at the Larned
State Hospital in Larned, Kansas. (Doc. 5.) In the response, he expresses his desire to continue
pursuing this case, or in the alternative, asks if he would be allowed to file the case with a new
case number and have it assigned to a different judge. Id. at 1–2. Plaintiff sets forth arguments as
to why he believes his other cases failed and seeks another opportunity to pursue his claim. Id. at
3–5.
The Court will direct the Clerk to send Plaintiff a copy of the Court’s Memorandum and
Order and Judgment dismissing this case at his new address. This case is closed, and the Court
will not be providing any further relief in this case. To the extent Plaintiff seeks advice on how to
proceed, the Court cannot provide Plaintiff with legal advice. However, the Court notes that the
Memorandum and Order dismissing this case provides that “[a]ny further actions filed by Plaintiff
based on this same incident may be summarily dismissed as duplicative and frivolous or
malicious.” (Doc. 2, at 3.)
IT IS THEREFORE ORDERED that the Clerk is directed to send Plaintiff a copy of the
Court’s Memorandum and Order and Judgment (Docs. 2, 3) at Plaintiff’s current address of record.
IT IS FURTHER ORDERED that the Court will not be taking any further action on
Plaintiff’s response at Doc. 5.
IT IS SO ORDERED.
Dated March 17, 2026, in Kansas City, Kansas.
S/ John W. Lungstrum
JOHN W. LUNGSTRUM
UNITED STATES DISTRICT JUDGE
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