Parker v. Parker
| Kimberly Parker and Kimberly Hutnak |
| David Parker |
| 1:2023cv00375 |
| September 11, 2023 |
| US District Court for the District of Rhode Island |
| John J McConnell |
| Patricia A Sullivan |
| Civil Rights: Other |
| 28 U.S.C. ยง 1331 Fed. Question |
| Plaintiff |
Docket Report
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TEXT ORDER: The two matters (23-375 and 23-377) removed from Rhode Island Family Court are hereby remanded to state court. There are no allegations that the underlying state family court matters pose any federal question. This Court therefore lacks subject matter jurisdiction. So Ordered by Chief Judge John J. McConnell, Jr. on 10/20/2023. (Simoncelli, Michael)
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| Filing 8 REQUEST FOR WAIVER of Service by David Parker. (Kenny, Meghan) |
| Filing 7 MOTION for Leave to Proceed as Pro Se Electronic Filer filed by David Parker. (Kenny, Meghan) |
| Filing 6 MOTION for Leave to Proceed in forma pauperis filed by David Parker. (Kenny, Meghan) |
| Filing 5 NOTICE OF REMOVAL from Washington County Family and Juvenile Court, case number WJ22-004037 and W2010-0380., filed by David Parker. CLERKS NOTE: Remote electronic access to the document has been restricted by the Clerks Office as it contains one or more personal identifiers. (Attachments: #1 Civil Cover Sheet, #2 Envelope)(Kenny, Meghan) This document has been filed under seal pursuant to LR Gen 102 and access is restricted. Please login to CM/ECF to view document(s). |
| Filing 4 CASE OPENING NOTICE ISSUED (DaCruz, Kayla) |
| Filing 3 MOTION for Leave to Proceed as Pro Se Electronic Filer filed by David Parker. (Attachments: #1 Envelope)(DaCruz, Kayla) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis filed by David Parker. (Attachments: #1 Envelope)(DaCruz, Kayla) |
| Filing 1 NOTICE OF REMOVAL from Washington County Family Court, case number W20100380., filed by David Parker. CLERKS NOTE: Remote electronic access to the document has been restricted by the Clerks Office as it contains one or more personal identifiers, access is restricted. Please login to CM/ECF to view document(s). (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Civil Cover Sheet, #5 Waiver, #6 Envelope)(DaCruz, Kayla) Modified on 9/11/2023 (DaCruz, Kayla). |
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TEXT ORDER: Within thirty days of the issuance of this Text Order, Petitioner David Parker is hereby ordered to file separately with respect to each of the related removed matters, a civil cover sheet, an application to proceed in forma pauperis and a motion to become an ECF filing user; Petitioner is cautioned that, if he fails to do so, these two removal proceedings may be dismissed as separate cases. With respect to all three related cases, Petitioner is cautioned that the law may not permit him as a pro se litigant to prosecute an action on behalf of his minor child. See Jacobowitz v. YMCA of Greater Providence Bayside YMCA Branch, C.A. No. 15-345 S, 2016 WL 1259397, at *1 (D.R.I. Mar. 30, 2016) (Pursuant to Local Rule Gen 205(a)(2), Plaintiff cannot sue for his child. Only an attorney may file and prosecute such an action.). The Clerk is directed to issue this Text Order in all three of the newly opened matters and to send of copy of it to Petitioner by mailing/emailing it to him at the address and email address respectively, which are listed in the request for waiver of summons.. So Ordered by Magistrate Judge Patricia A. Sullivan on 9/11/2023. (DaCruz, Kayla)
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| Case assigned to Chief Judge John J. McConnell, Jr. and Magistrate Judge Patricia A. Sullivan. (DaCruz, Kayla) |
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TEXT ORDER: Petitioner David Parker, acting for himself and purporting to act for a minor, R.P., has sent to the Clerks Office for filing the following: (1) copies of what appear to be matters of record from two different Rhode Island State Court cases; (2) a document captioned petition for removal from the Family Court and Juvenile Court for Washington County Rhode island, which purports to seek to remove the two State Court cases, but actually appears to be seeking to initiate new claims against 52 counter respondents based on newly asserted federal questions, including without limitation 42 U.S.C. section 1983; a single request for waiver of summons, which is deficient in that it lacks any identified respondent ; a civil cover sheet, an application to proceed in forma pauperis and a motion to become an ECF filing user, all three labelled with the caption of the petition for removal, which (despite its title) appears to be a new complaint. Having reviewed these submissions and mindful of Petitioners claim of pro se status, the Court hereby directs the Clerk to proceed as follows. The Clerk is hereby directed to open three new matters, each to include all of the documents sent by Petitioner: one purporting to be the removal of the Washington County divorce case, one purporting to be the removal of the Family Court petition, and one the filing of the petition for removal as a new complaint. The Clerk is instructed to treat the civil cover sheet, the application to proceed in forma pauperis and the motion to become an ECF filing user as filed in connection with the new complaint. The Clerk is further instructed to include a putative related case designation (as indicated in the civil cover sheet) based on the two removal matters. Because they contain personal information related to a minor, the Clerk is directed to place the two Rhode Island State Court case records under seal subject to further order of the Court. The Clerk is directed to issue this Text Order in all three of the newly opened matters and to send of copy of it to Petitioner by mailing/emailing it to him at the address and email address respectively, which are listed in the request for waiver of summons.. So Ordered by Magistrate Judge Patricia A. Sullivan on 9/11/2023. (DaCruz, Kayla)
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| CORRECTIVE DOCKET ENTRY Regarding: #2 MOTION for Leave to Proceed in forma pauperis , #3 MOTION for Leave to Proceed as Pro Se Electronic Filer . Per the Court's Text Order of 9/11/23, these motions are filed in connection with Case No. 23cv378. (Simoncelli, Michael) |
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