Parker v. Hutnak, et al.
| David Parker |
| Noelle Clapham, Kimberly Hutnak, Phyllis Hutnak, Angel Hutnak, Judge Shilpa Naik, Doctor Brett Liemkohler, Doctor Maria Bruscoe, Rhode Island DCYF, Lisetta Botehlo, Norie Sherman, Kaitlyn Sarkees, Leila Silva, Lori Fernandez, Martha Krullman, Laural Ferrelli, Meagan Durigan, Winsome Stone, Nicholas Iadevaia, JoAnn Niksa, NAFI RI, Tayla Bartone, Lynn Bishop, Cindy Livsey, Attorney Patricia Murray-Rapoza, Katie Ferreira, Wendy Sanford, Susan J. Famiglietti, Paula Duran, Thundermist Health Center, Dr. Caitlin Gillooly, Corrine Hill, Dr. Michael Poshka, Bethany, St. Mary's Home for Children, Rebecca Parent, Patty Olney-Murphy, Sarah Casey, Chariho School District, John Anderson, Gina Picard, Samantha Smith, Andrea Spas, Laurie Ottoson Perotti, Judy Assad, Magistrate Edward Newman, Judge Lynch Bernard, Glen Whitehead, Melanie Clifford, Dr. Lori Meyerson, Kelly Gemma, Dr. John Parsons and Dr. Felix Gill |
| 1:2023cv00378 |
| September 11, 2023 |
| US District Court for the District of Rhode Island |
| John J McConnell |
| Patricia A Sullivan |
| Civil Rights: Other |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| None |
Docket Report
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| Document Text |
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| Filing 9 JUDGMENT. So Ordered by Clerk of Court on 10/20/2023. (Simoncelli, Michael) |
TEXT ORDER: The Court has reviewed the sufficiency of the Complaints under 28 U.S.C. 1915 and determines that they fail to state a claim upon which relief can be granted and therefore the Court dismisses this case. Mr. Parker has filed an action against his wife (not a state agent), and 36 other individuals including state court judges, attorneys, court personnel, counselors, and health centers. While generically claiming that he was victimized by the defendants who committed "numerous violations against equal civil rights, by... obstructions and deprivations of [his] rights," the Complaint contains no plausible allegations at all and no plausible allegations against any specific defendant. Because this is Mr. Parker's second complaint filed [the second one captioned "Notice of Removal" #5 ], the Court dismisses and closes the case. The Motions to Proceed in forma pauperis #2 and #6 and the Motions for Leave to Proceed as Pro Se Electronic Filer #3 and #7 are DENIED as moot. 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. (Attachments: #1 Envelope)(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 All Plaintiffs. (Attachments: #1 Envelope)(Kenny, Meghan) |
| Filing 5 NOTICE OF REMOVAL from Washington County Family and Juvenile Court, case number WJ22-00403 and W2010-0580., filed by David Parker. (Attachments: #1 Civil Cover Sheet, #2 Envelope)(Kenny, Meghan) |
| Filing 4 CASE OPENING NOTICE ISSUED (Simoncelli, Michael) |
| Filing 3 MOTION for Leave to Proceed as Pro Se Electronic Filer filed by David Parker. (Simoncelli, Michael) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis filed by David Parker. (Simoncelli, Michael) |
| Filing 1 COMPLAINT, filed by David Parker. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Civil Cover Sheet, #5 Waiver, #6 Envelope)(Simoncelli, Michael) |
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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. (Simoncelli, Michael)
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| CASE CONDITIONALLY ASSIGNED to Chief Judge John J. McConnell, Jr. and Magistrate Judge Patricia A. Sullivan. The assignment is subject to the presiding judge's determination that the cases, in fact, are related. Related Case Numbers: 23cv375 and 23cv377. (Simoncelli, Michael) |
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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 Clerk's 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 Petitioner's 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. (Simoncelli, Michael)
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