Free Order on Motion for Leave to Proceed in forma pauperis - District Court of Delaware - Delaware

Case 1 :07-cv—00508-GMS Document 5 Filed 10/11/2007 Page 1 of 2
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
G.A., by and through her parents and next )
friends William and Maureen Anello, )
)
Plaintiff, )
)
v. ) Civ. Action No. 07-508-GMS
)
INDIAN RIVER SCHOOL DISTRICT and )
SUSAN S. BUNTING, )
)
Defendants. )
ORDER
“'“ 0 at
At Wilmington this day of , , 2007, the Court having
considered the application to proceed without prepayment of fees under 28 U.S.C. § 1915 filed
by Maureen Anello (D.I. 1);
IT IS ORDERED that:
1. The application is DENIED without prejudice based upon the following: a) it is not
clear from the application if Maureen Anello or if G.A. is the recipient ofthe monies (i.e., SSDI)
listed in 3.d., b) Maureen Anello refers to a case filed in the Bankruptcy Court ofthe Eastern
District of Pennsylvania, but provides no documentation or information regarding the same, c)
the complaint is filed pursuant to Fed. R. Civ. P. 17(c), by and through William Anello and
Maureen Anello, who proceed pro se' but William Anello did not submit an application to
‘Parents cannot appear pro se on behalf of their minor children because a minor’s
personal cause of action is his or her own and does not belong to his or her parent or
representative. Col/insgru v. Palmyra Bd ofEduc., 161 F.3d 225, 231 (3d Cir. 1998); Osei—
Afriyie by Osei-Afiyie v. Medical Coll. ofPennsy/vania, 937 F.2d 876 (3d Cir. 1991); Shepherd
v. We//rnan, 313 F.3d 963 (6"‘ Cir. 2002); Jones v. Syntex Laboratories, Inc., 1 Fed. Appx. 539
(7"‘ Cir. 2001); Johns v. County ofSan Diego, 114 F.3d 874, 876 (9th Cir. 1997); Cheung v.
Youth Orchestra Foundation ofBuy§’a/0, Inc., 906 F.2d 59, 61 (2d Cir. 1990); Meeker v.

Case 1:07-cv—00508-Gl\/IS Document 5 Filed 10/11/2007 Page 2 of 2
proceed without prepayment of fees under 28 U.S.C. § 1915, d) it is not clear ifthe household
consists of two adults and two dependents, and e) William Anello and Maureen Anello, as
parents and next friends of G.A., arejointly and severally liable for the $350.00 filing fee.
2. William Anello and Maureen Anello shall submit separate applications to proceed
without prepayment of fees and affidavit within thirty days from the date of this order. The Clerk
of the Court is directed to send application forms to William Anello and Maureen Anello.
William Anello and Maureen Anello are placed on notice that failure to respond to
this order within the thirty day time period may result in dismissal of the case.
UNI STA;l ES DILTRICT JUDGE i
F I L E D
C·[jl` 1 1 EUG? `
us. oismicr coum
L___pisri¤ucT OF DELAWARE
Karcher, 782 F.2d 153, 154 (10th Cir. 1986) (per curiczm),
-2-

Case 1:07-cv-00508-GMS

Document 5

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Case 1:07-cv-00508-GMS

Document 5

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