Carr et al v. Barton Gilman LLP et al
| Daniel Carr and Core Healing Therapy |
| Barton Gilman LLP, All implicated therein, Rui Alves and Brittney Garvey |
| 1:2023cv00369 |
| September 5, 2023 |
| US District Court for the District of Rhode Island |
| Lincoln D Almond |
| William E Smith |
| Civil Rights: Other |
| 42 U.S.C. ยง 1983 Civil Rights Act |
| None |
Docket Report
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This docket was last retrieved on October 19, 2023. A more recent docket listing may be available from PACER.
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| Filing 6 Letter sent to Daniel Carr requesting that the Process Receipt and Return form (USM-285) and summons be completed in order for the U.S. Marshals Service to effectuate service pursuant to Fed. R. Civ. P. 4(c)(3). USM -285 form can be found by clicking # here. (Simoncelli, Michael) |
TEXT ORDER adopting in full and without objection Magistrate Judge Almond's #5 Report and Recommendation ("R&R"). The thirty-day deadline set in the R&R regarding representation of Plaintiff Daniel Carr's minor son and Carr's business, Plaintiff Core Healing Therapy, has expired without compliance. Therefore, for the reasons stated in the R&R, the claims purportedly brought on behalf of Carr's minor son and Plaintiff Core Healing Therapy are hereby DISMISSED without prejudice. See R&R 1-2 (citing Fed. R. Civ. P. 17(c); LR Gen 205(a)). Plaintiff Carr may proceed IFP with his remaining claims. So Ordered by District Judge William E. Smith on 10/19/2023. (Simoncelli, Michael)
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Filing 5
REPORT AND RECOMMENDATION PURSUANT TO 28 U.S.C. 1915(e) AND ORDER - Giving due deference to Plaintiff's pro se status, the Court will GRANT Plaintiff thirty days from the date of this Report and Recommendation for counsel to appear in this case on behalf of his son and/or business, and to show that he has the legal authority to sue on his minor son's behalf. If counsel does not enter an appearance within thirty days, the Court recommends that the claims purportedly asserted by Plaintiff's son and Core Healing Therapy be DISMISSED WITHOUT PREJUDICE for the reasons discussed and pursuant to 28 U.S.C. 1915(e)(2)(B). Motion to Proceed IFP (ECF No. 2) is GRANTED re #2 MOTION for Leave to Proceed in forma pauperis filed by Daniel Carr, REPORT AND RECOMMENDATIONS re #1 Complaint filed by Daniel Carr ( Objections to R&R due by 9/26/2023.). So Ordered by Magistrate Judge Lincoln D. Almond on 9/12/2023. (Noel, Jeannine)
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| MOTIONS REFERRED: #2 MOTION for Leave to Proceed in forma pauperis referred for determination to Lincoln D. Almond. (Urizandi, Nissheneyra) |
| Filing 4 request for Subpoena Duces Tecum, by Daniel Carr. (Kenny, Meghan) |
| Filing 3 CASE OPENING NOTICE ISSUED (Kenny, Meghan) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis filed by Daniel Carr. (Kenny, Meghan) Modified on 9/6/2023 (Urizandi, Nissheneyra). |
| Filing 1 COMPLAINT, filed by Daniel Carr. (Attachments: #1 Complaint part 2, #2 Civil Cover Sheet, #3 Exhibit, #4 Exhibit)(Kenny, Meghan) |
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