Jennifer Thomas v. New Castle County Police Department et al.

Filing 9

MEMORANDUM. Signed by Judge Sue L. Robinson on 01/26/15. (etg, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
JENNIFER THOMAS,

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Plaintiff,
v.

NEW CASTLE COUNTY POLICE
DEPARTMENT, et al.,
Defendants.

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) Civ. No.14-1023-SLR
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MEMORANDUM
1. Introduction. Plaintiff Jennifer Thomas ("plaintiff') filed this lawsuit on August
6, 2014 alleging constitutional violations under federal law and the wrongful death of her
fiance under state law. (D.I. 2) She proceeds prose and has been granted leave to
proceed in forma pauperis. The court reviewed the allegations in the complaint and
concluded that plaintiff is not the real party in interest. (See D.I. 6. 7)
2. Discussion. As previously discussed, the complaint does not indicate that
plaintiff is the executor or administrator of the estate of Green, that Green's children are
minors, or that she is the legal custodian of Green's children. Given plaintiffs pro se
status, she was given leave to amend the complaint to name the real party in interest
pursuant to Fed. R. Civ. P. 17(a). (See id.)
3. Plaintiff filed an amended complaint on November 26, 2014. (D.I. 8) The
amended complaint states that plaintiff is the surviving/fiance parent of Jamya Green
and Neugeh Green and that their father is the decedent James Green. The
amendment, however, does not resolve the issue of the real party in interest. Similar to

the original complaint, the amended complaint does not state that plaintiff is the
executor or administrator of the estate of Green, that Green's children are minors, or
that she is the legal custodian of Green's children (although plaintiff states in the
amended complaint that she is the "surviving parent of the children"). Plaintiff will be
given one final opportunity to file an amendment complaint to remedy the issue of the
real party in interest.

4. Conclusion. The amended complaint will be dismissed without prejudice.
Plaintiff will be given one final opportunity to file an amended complaint to name the real
party in interest. An appropriate order will be entered.

Date: January ~ , 2015

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