Goodwin v. Monroe County Department of Human Services et al
| Daryl Goodwin and Armani D. Goodwin |
| Monroe County Department of Human Services, Lynn White, Supv Jane Doe, Jonan Barut, Jane Doe, Mindy Barker, Daniel Speol and Marta Blekot |
| 6:2024cv06020 |
| January 8, 2024 |
| US District Court for the Western District of New York |
| Frank P Geraci |
| Marian W Payson |
| Civil Rights: Other |
| 42 U.S.C. ยง 1983 Civil Rights Act |
| Both |
Docket Report
RSS Track this Docket
This docket was last retrieved on March 7, 2024. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Text Order 6 mailed to plaintiff. (RE) |
| Filing 6 TEXT ORDER REFERRING CASE to Hon. Marian W. Payson, United States Magistrate Judge, for all pretrial matters excluding dispositive motions. The parties are encouraged to consider consenting to Magistrate Judge jurisdiction pursuant to 28 U.S.C. 636(c). Consent forms are available from the chambers of the Magistrate Judge or the office of the Clerk of Court. The parties may give consent to a Magistrate Judge to conduct all proceedings and enter a final order dispositive of each motion; or such consent may be given for a limited purpose such as the disposition of a particular motion that would otherwise be before the District Judge in the absence of such consent. SO ORDERED. Signed by Hon. Frank P. Geraci, Jr. on 3/6/2024. (MFM)Clerk to Follow up |
| Filing 5 ANSWER to #1 Complaint by Mindy Barker, Jonan Barut, Marta Blekot, Jane Doe, Jane Doe, Jane Doe, Monroe County Department of Human Services, Daniel Speol, Lynn White. (Attachments: #1 Certificate of Service)(Clark, Adam) |
| AUTOMATIC REFERRAL TO MEDIATION Pursuant to Section 2.1(A) of the Plan for Alternative Dispute Resolution in the United States District Court for the Western District of New York (the ADR Plan), this case is automatically referred to ADR. To access the ADR Plan and for inquiries regarding the Court's ADR Program please review the Court's #ADR webpage and/or contact the Court's ADR Administrator at #adrprogram@nywd.uscourts.gov.' Prior to the Local Rule 16 scheduling conference, counsel and unrepresented parties shall review the #ADR Plan and confer with each other regarding ADR for this case. Unless the parties agree to a different intervention, it is presumed they will participate in mediation. The parties shall be prepared to report on the outcome of their ADR discussion at the scheduling conference, as the initial Scheduling Order for this case will establish ADR deadlines in accordance with the ADR Plan.(RE) |
| Filing 4 SUMMONS Returned Executed by Armani D. Goodwin. Mindy Barker served on 2/14/2024, answer due 3/6/2024; Jonan Barut served on 2/14/2024, answer due 3/6/2024; Marta Blekot served on 2/14/2024, answer due 3/6/2024; Monroe County Department of Human Services served on 2/14/2024, answer due 3/6/2024; Daniel Speol served on 2/14/2024, answer due 3/6/2024; Lynn White served on 2/14/2024, answer due 3/6/2024. (RE) |
| Summons Issued as to Mindy Barker, Jonan Barut, Marta Blekot, Monroe County Department of Human Services, Daniel Speol, Lynn White. Clerk forwarded service packets to the US Marshal for service. (RE) |
| Filing 3 TEXT ORDER: Pro se Plaintiff Daryl Goodwin brings this civil rights action on behalf of himself and his minor daughter related to a petition of neglect filed against him in state court. ECF No. 1. Plaintiff has also moved to proceed in forma pauperis. ECF No. 2. The Court finds that Plaintiff meets the statutory requirements of 28 U.S.C. 1915(a), and therefore his in forma pauperis motion (ECF No. 2) is GRANTED. The Court has also screened Plaintiff's Complaint under the criteria set forth in 28 U.S.C. 1915(e). All claims that Plaintiff purports to bring on his daughter's behalf are DISMISSED WITHOUT PREJUDICE, since "[a] nonlawyer parent ordinarily cannot represent a child's interests pro se." DeRouseau v. Family Court, Westchester Cty., No. 21-CV-8716, 2022 WL 1747859, at *1 (S.D.N.Y. May 31, 2022) ("A nonlawyer parent ordinarily cannot represent a child's interests pro se."). Otherwise, the Court will permit Plaintiff's claims to proceed to service against Defendants. The Clerk of Court is directed to forward copies of the Summons (based on the addresses listed in the Complaint), Complaint, and this Text Order to the United States Marshal Service for service upon Defendants without Plaintiff's payment, with unpaid fees to be recoverable if this action terminates by monetary award in Plaintiff's favor. SO ORDERED. Signed by Hon. Frank P. Geraci, Jr. on 1/12/2024. (MFM)This was mailed to: Plaintiff.Clerk to Follow up |
| Notice of Availability of Magistrate Judge: A United States Magistrate of this Court is available to conduct all proceedings in this civil action in accordance with 28 U.S.C. 636c and FRCP 73. The Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form (AO-85) is available for download at #http://www.uscourts.gov/services-forms/forms. Pro Se packet consisting of Privacy Notice, Consent to Proceed Before a Magistrate Judge, Civil Case Timeline, ADR Notification and pro se assistance program info mailed to plaintiff on 1/8/24. (RE) |
| Filing fee received on 1/8/24, in the amount of $405.00, receipt number 100003583. (RE) |
| AUTOMATIC REFERRAL to Mediation: the ADR Plan is available for download at #http://www.nywd.uscourts.gov/alternative-dispute-resolution.(RE) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by Daryl Goodwin.(RE) |
| Filing 1 COMPLAINT against All Defendants, filed by Daryl Goodwin. (Attachments: #1 Civil Cover Sheet, #2 Envelope) (RE) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the New York Western District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
