S.E.S v. Galena Unified School District No. 499

Filing 88

MEMORANDUM AND ORDER granting 87 Motion for Order Granting Plaintiff Leave to Proceed in His Own Name, Discharging Plaintiff's Next Friend, and Amending Caption of Case. Signed by District Judge Daniel D. Crabtree on 12/23/2020. (ca)

Case 2:18-cv-02042-DDC Document 88 Filed 12/23/20 Page 1 of 2

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF KANSAS
S.E.S., as next friend and mother of minor,
J.M.S.
Plaintiff,
v.
Case No. 18-2042-DDC
GALENA UNIFIED SCHOOL DISTRICT
No. 499,
Defendant.
______________________________________
MEMORANDUM AND ORDER
Plaintiff S.E.S. originally filed this action against defendant Galena Unified School
District No. 499 on behalf of her minor son, J.M.S., in her capacity as J.M.S.’s general guardian.
And, the court granted plaintiff’s request to proceed with this case using initials for herself and
her family members. See Doc. 19. J.M.S. now has filed a Motion for Order Granting Plaintiff
Leave to Proceed in His Own Name, Discharging Plaintiff’s Next Friend, and Amending Caption
of Case (Doc. 87). Plaintiff J.M.S.—Jak Stanley—explains that he was a minor when the suit
was filed, but he since has turned 18. Doc. 87 at 1. Thus, he now has the legal capacity and
obligation to prosecute this action in his own name under Fed. R. Civ. P. 17. Id. Defendant does
not oppose the request.
The court agrees plaintiff’s motion should be granted. Because Jak Stanley is no longer a
minor, it is no longer appropriate for him to proceed with this action through his next friend and
general guardian or by using his initials. See Fed. R. Civ. P. 5.2(a)(3); Fed. R. Civ. P. 17. The
court thus grants plaintiff leave to proceed in his own name. Finally, the court directs the Clerk
of the Court to recaption this case as Jak Stanley v. Galena Unified School District No. 499.

Case 2:18-cv-02042-DDC Document 88 Filed 12/23/20 Page 2 of 2

IT IS THEREFORE ORDERED BY THE COURT THAT plaintiff’s Motion for
Order Granting Plaintiff Leave to Proceed in His Own Name, Discharging Plaintiff’s Next
Friend, and Amending Caption of Case (Doc. 87) is granted.
IT IS FURTHER ORDERED THAT the Clerk of the Court shall recaption this case as
Jak Stanley v. Galena Unified School District No. 499.
IT IS SO ORDERED.
Dated this 23rd day of December, 2020, at Kansas City, Kansas
s/ Daniel D. Crabtree
Daniel D. Crabtree
United States District Judge

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