Abubakari et al v. Hamden Public School District et al
| Khadijah Abubakari and Anas Abubakari |
| Hamden Public School District, Chris Dauer, Jody Goeler, Elizabeth Schenker and Hamden Bd of Ed |
| 3:2019cv00510 |
| April 5, 2019 |
| US District Court for the District of Connecticut |
| Michael P Shea |
| Civil Rights: Education |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
Docket Report
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| Filing 9 USM 285 forms together with Guide for Self-Represented Litigants, #4 Order on Pretrial Deadlines, #5 Electronic Filing Order for Counsel, #6 Standing Protective Order, #8 Electronic Service Documents, 7 Order granting IFP motion, two Consent to Electronic Notice by Pro Se Litigant forms, a Motion by Pro Se litigant to Participate in Electronic Filing form, Summons, Notice of Lawsuit, Request for Waiver of Service of Summons and all instructions mailed to IFP plaintiff to complete and return to Clerk's office. (Agati, Kathryn) |
| Filing 8 NOTICE TO COUNSEL/SELF-REPRESENTED PARTIES : Counsel or self-represented parties initiating or removing this action are responsible for serving all parties with attached documents and copies of #1 Complaint filed by Khadijah Abubakari, Anas Abubakari, #5 Electronic Filing Order, #4 Order on Pretrial Deadlines, #2 MOTION for Leave to Proceed in forma pauperis filed by Khadijah Abubakari, Anas Abubakari, #6 Standing Protective Order, and #3 MOTION to Appoint Counsel filed by Khadijah Abubakari, Anas Abubakari. Signed by Clerk on 5/3/2019.(Agati, Kathryn) |
Filing 7
ORDER. The #2 motion for leave to proceed in forma pauperis is GRANTED. The Clerk of the Court shall send the Plaintiffs a copy of this order, together with a service packet to effectuate service. The Plaintiffs shall complete the service packet papers and mail them back to the Clerk's Office, who shall then give them to the U.S. Marshal for service. Service must be effectuated within 90 days of this order. The Clerk is further directed to mail to the Plaintiffs two forms for Consent to Electronic Notice. Should the Plaintiffs wish to receive electronic notice of actions in their case, they should each complete the form and return it with the service packet.The #3 motion to appoint counsel is DENIED without prejudice. The Court must determine whether the Plaintiffs' claims "seems likely to be of substance" before counsel may be appointed. See Hodge v. Police Officers, 802 F.2d 58, 61 (2d Cir. 1986) (explaining that this is a "threshold requirement" that must be satisfied before a district court may appoint counsel for an indigent defendant). Appointment of counsel would be premature at this point in the case. The Plaintiffs may file a renewed motion for appointment of counsel after the Defendants have filed their responsive pleading and after the parties have conferred and filed the joint report under Local Rule Rule 26(f). The Court notes that the Federal Rules of Civil Procedure and the Court's Local Rules of Civil Procedure, both of which apply in this case, are available electronically on the Court's website - http://www.ctd.uscourts.gov/court-info/local-rules-and-orders.Finally, the Court notes that the Plaintiffs' complaint states that the Plaintiffs are proceeding "individually and on behalf of their minor child, U.A...." (ECF No. 1 at 2.) It does not appear that the complaint asserts any claim on behalf of U.A. Nonetheless, a non-attorney parent may not proceed pro se on behalf of his or her minor child. Cheung v. Youth Orchestra Found. of Buffalo, Inc., 906 F.2d 59, 61 (2d Cir. 1990) ("[A] non-attorney parent must be represented by counsel in bringing an action on behalf of his or her child."). Any claims that the Plaintiffs assert on behalf of U.A. are therefore DISMISSED without prejudice to refiling through an amended complaint should the Plaintiffs obtain representation by an attorney. The Clerk is directed to update the caption of this case accordingly. Signed by Judge Michael P. Shea on 5/2/2019. (Guevremont, Nathan)
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Filing 6
STANDING PROTECTIVE ORDER Signed by Judge Michael P. Shea on 4/5/2019.(Reis, Julia)
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Filing 5
ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER Signed by Judge Michael P. Shea on 4/5/2019.(Reis, Julia)
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Filing 4
Order on Pretrial Deadlines: Amended Pleadings due by 6/4/2019 Discovery due by 10/5/2019 Dispositive Motions due by 11/9/2019 Signed by Clerk on 4/5/2019.(Reis, Julia)
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| Filing 3 MOTION to Appoint Counsel by Khadijah Abubakari. (Reis, Julia) Modified on 4/5/2019 to remove filer (Reis, Julia). |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by Khadijah Abubakari. (Reis, Julia) Modified on 4/5/2019 to remove filer (Reis, Julia). |
| Filing 1 COMPLAINT against Hamden Public School District, Jody Goeler, Elizabeth Schenker, Hamden Bd of Ed, Chris Dauer, filed by Khadijah Abubakari.(Reis, Julia) Modified on 4/5/2019 to remove filer (Reis, Julia). |
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