Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.

Chen v. Prince George's County

United States District Court, Fourth Circuit

November 27, 2013

MAY CHEN, Plaintiff,
v.
PRINCE GEORGE’S COUNTY and SPRINGFIELD HOSPITAL CENTER, Defendants.

MEMORANDUM AND ORDER

Paul W. Grimm United States District Judge

May Chen, acting pro se and in forma pauperis, filed two actions in this Court on September 3, 2013: May Chen v. Prince George’s County, et al., PWG-13-2564, and May Chen v. Prince George’s County, et al., PWG-13-2565. Thereafter, on September 12, 2013, the Circuit Court for Carroll County entered an order (“Guardianship Order”) appointing a Guardian for both the person and property of Ms. Chen on the basis that, “because of her mental disability of psychosis, not otherwise specified, ” she “lacks sufficient understanding or capacity to make or communicate responsible decisions concerning her person, including provisions for health care, ” and she “is unable to manage her affairs and property effectively.” Oct. 10, 2013 Mem. Op. 2, ECF No. 5 in PWG-13-2564 and ECF No. 7 in PWG-13-2565 (quoting Guardianship Order ¶¶ 1 7& 3). Consequently, pursuant to Fed.R.Civ.P. 17(c)(2), I brought to the attention of the State Guardians, Frank Valenti and Robin Weisse, the lawsuits pending before me, and asked them to “assist the court in determining the propriety of [Ms. Chen’s] continued participation in the litigation” in this Court. Id. at 3–4 (quoting Fonner v. Fairfax Cnty., VA, 415 F.3d 325, 330 (4th Cir. 2005)). I appointed them as guardians ad litem in these cases, such that they are authorized under Fed.R.Civ.P. 17(c)(2) to take action on Ms. Chen’s behalf in the above-referenced cases. Id. at 4. I asked them to advise me, in writing, by December 9, 2013, of their recommendations regarding the propriety of Ms. Chen’s continued participation in these two cases. Id. I stayed the case until such time as Mr. Valenti and Ms. Weisse filed their recommendations.

At that time, Ms. Chen’s Motion to Amend Allegations Against Los Angeles County, ECF No. 5, was pending in PWG-13-2565. In the five weeks since my Memorandum Opinion, Ms. Chen has filed the following three motions in both of her cases: Request to Delete and Destroy Record, ECF No. 10 in PWG-13-2564 and ECF No. 12 in PWG-13-2565; Request to Late Answer Regarding Writ of Habeas Corpus, Motion to Request Default Judgement [sic] and criminal prosecution Against Prince George’s County, et. al [sic], ECF No. 18 in PWG-13-2564 and ECF No. 18 in PWG-13-2565; and Request for Default Judgement [sic] Against Los Angeles County, ECF No. 20 in PWG-13-2564 and ECF No. 19 in PWG-13-2565. She also has filed a “Brief Opposing Temporary Guardianship, Request criminal prosecution against Hospital perpetrator, Request for compensate damages caused by action, ” ECF No. 11 in PWG-13-2564 and ECF No. 13 in PWG-13-2565. Additionally, Ms. Chen has filed multiple documents in each case that appear to supplement her complaints, ECF Nos. 12, 13, and 14 in PWG-13-2564 and ECF Nos. 14 and 15 in PWG-13-2565.

In light of the stay, the seven pending motions are DENIED without prejudice. In the event that the stay is lifted, these filings may be reopened on request by Ms. Chen’s guardians or, if she is determined to be competent, by Ms. Chen.

No further filings are allowed without permission of the Court. The Clerk is directed to return any filings that do not comply with this Memorandum and Order.

Accordingly, it is this 14th day of November, 2013 ORDERED that:

1. Motion to Amend Allegations Against Los Angeles County, ECF No. 5 in PWG-13-2565, is DENIED without prejudice;

2. Request to Delete and Destroy Record, ECF No. 10 in PWG-13-2564 and ECF No. 12 in PWG-13-2565, is DENIED without prejudice;

3. Request to Late Answer Regarding Writ of Habeas Corpus, Motion to Request Default Judgement [sic] and criminal prosecution Against Prince George’s County, et. al [sic], ECF No. 18 in PWG-13-2564 and ECF No. 18 in PWG-13-2565, is DENIED without prejudice;

4. Request for Default Judgement [sic] Against Los Angeles County, ECF No. 20 in PWG-13-2564 and ECF No. 19 in PWG-13-2565, is DENIED without prejudice; and

5. The Clerk is DIRECTED to return any filings that are filed before the stay in this case is lifted.


Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.