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08-2003 - Allen et al v. Mattingly et al


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08-2003 - Allen et al v. Mattingly et al
June 19, 2008
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MEMORANDUM AND ORDER, for the reasons stated herein, (1) pltff's individual claims seeking to regain custody of their son, for damages relating to the placement of their son in foster care, and for a declaration that the placement of their son in foster care violated their constitutional rights, are sua sponte dismissed with prejudice for lack of subject matter jurisdiction; (2) Sandra's First Amendment claim relating to her involuntary confinement is dismissed w/o prejudice and with leave to amend w/in 30 days from the date of this Order; (3) pltffs are directed to amend their complaint to reflect that the claims to recover damages for injuries allegedly sustained by their son while he was in foster care and for judgment declaring that their son's constitutional rights were violated by his continued care and placement in foster care are asserted on his behalf and to obtain counsel for their son w/in 30 days of the date of this Order or the claims asserted on his behalf will be dismissed w/o prejudice; and (4) all further proceedings in the action are stayed for 30 days or until pltffs have complied with this Order by retaining counsel for their son. (Ordered by Judge Sandra J. Feuerstein on 6/19/08) c/m by Chambers. (Galeano, Sonia)
November 3, 2008
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MEMORANDUM AND ORDER: Plaintiff's request to withdraw this case without prejudice is granted. The clerk of Court is directed to close this case. SO ORDERED. Ordered by Judge Sandra J. Feuerstein on 11/3/08. (Brienza, Lauren)