Gawlik v. Reis et al
| Jan M. Gawlik |
| Jennifer Reis, Angel Quiros, Nick Rodriguez, D. Long, Carlos Nunez, Nancy K. O'Brasky and Ebonie Suggs |
| 3:2023cv01194 |
| September 11, 2023 |
| US District Court for the District of Connecticut |
| S Dave Vatti |
| Omar A Williams |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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Filing 14
ORDER granting ECF No. #13 , Motion for Extension of Time. Plaintiff may amend the complaint on or before February 4, 2024. It is so ordered.Signed by Judge Omar A. Williams on 11/7/23. (Wagner, Rebecca)
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| Set Deadlines/Hearings: Amended Pleadings due by 2/4/2024 (Wagner, Rebecca) |
| Filing 13 MOTION for Extension of Time for 60 Days to File an Amended Complaint by Jan M. Gawlik. (Attachments: #1 Attachments) (Peterson, M) |
| Set Deadline: Amended Complaint due by 12/4/2023. (Velez, F.) |
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Filing 12
ORDER dismissing case. Plaintiff, who is self-represented, has "initiate[d] this 42 U.S.C. 1983 civil action of third party standing in general" and he "asserts constitutional claims of a third party," his mother. Doc. No. 1 at pp. 12-13. While the interests and urgency expressed in the motion are understandable, a self-represented litigant cannot assert claims on behalf of other persons. See Berrios v. New York Hous. Auth., 564 F.3d 130, 133 (2d Cir. 2009) (stating that an individual may represent himself with respect to his own claims, but not another's claims); see also 28 U.S.C. s. 1654 ("In all courts of the United States the parties may plead and conduct their own cases personally or by counsel as, by the rules of such courts, respectively, are permitted to manage and conduct causes therein."); Osei-Afriyie by Osei-Afriyie v. Med. Coll. of Pennsylvania, 937 F.2d 876, 883 (3d Cir. 1991) (finding that a non-attorney parent may not bring an action on behalf of their minor child); Myers v. Loudoun Cnty. Pub. Sch., 418 F.3d 395, 401 (4th Cir. 2005) (finding that non-attorney parents "generally may not litigate the claims of their minor children in federal court."); Harris v. Hutson, No. 21-6251, 2022 WL 18207371, at *2 (6th Cir. Nov. 9, 2022) (finding a litigant could not bring a claim on behalf of a student because the litigant "appear[ed] pro se and cannot represent the interests of third parties as a pro se litigant."). Accordingly, the complaint is dismissed without prejudice and Plaintiff's motion for preliminary injunctive relief, ECF No. #5 , is denied as moot. Some of Plaintiff's allegations seem to assert claims on behalf of himself rather than his mother. If that is true, Plaintiff may file an amended complaint asserting only his own claims against these defendants. Any amended complaint shall be filed on or before December 4, 2023, and must comply with the pleading requirements of Federal Rule of Civil Procedure 8, which requires that the complaint be a short and plain statement of the facts showing that Plaintiff is entitled to relief. It is so ordered. Signed by Judge Omar A. Williams on 11/2/23. (Wagner, Rebecca)
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| Filing fee received from Jan Gawlik (from the State of CT Dept of Correction): $ 402.00, receipt number 20676 (Hartford) (Peterson, M) |
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Filing 11
ORDER denying ECF No. #2 , Motion for Leave to Proceed in forma pauperis; denying without prejudice ECF No. #4 , Motion to Appoint Counsel. See attached for details.Signed by Judge Omar A. Williams on 9/14/23. (Wagner, Rebecca)
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Filing 10
Standing Order to Self-Represented Litigants Regarding Letters to the Court Signed by Judge Omar A. Williams on 9/11/2023. (Peterson, M)
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Filing 9
ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER Signed by Judge Omar A. Williams on 9/11/2023. (Peterson, M)
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Filing 8
Prisoner E-Filing Standing Order on Prisoner Electronic Filing Program Signed by Judge Janet C. Hall on 9/11/2023. (Peterson, M)
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Filing 7
STANDING PROTECTIVE ORDER Signed by Judge Omar A. Williams on 09/11/2023. (Peterson, M)
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| Filing 6 Notice: Pursuant to Federal Rule of Civil Procedure 7.1, a disclosure statement must be filed with a party's first appearance, pleading, petition, motion, response, or other request addressed to the Court and must be supplemented if any required information changes during the case. Signed by Clerk on 9/11/2023. (Fanelle, N.) |
| Filing 5 EMERGENCY MOTION for Preliminary Injunction (Responses due by 10/2/2023, ), MOTION for Order to Show Cause by Jan M Gawlick. (Fanelle, N.) |
| Filing 4 MOTION to Appoint Counsel by Jan M Gawlick. (Fanelle, N.) |
| Filing 3 Prisoner Trust Fund Account Statement and Financial Documents by Jan M Gawlick. (Fanelle, N.) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by Jan M Gawlick. (Fanelle, N.) |
| Filing 1 COMPLAINT against D. Long, Carlos Nunez, Nancy K. O'Brasky, Angel Quiros, Jennifer Reis, Nick Rodriguez, Ebonie Suggs, filed by Jan M Gawlick. (Attachments: #1 Cover Letter, #2 Envelope) (Fanelle, N.) |
| Judge Omar A. Williams and Judge S. Dave Vatti added. (Oliver, T.) |
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