United States Second Circuit

District court's dismissal of plaintiff's complaint for failure to state a claim is vacated and remanded where the court dismissed the claims asserted on behalf of an incompetent party without determining whether defendant was a proper guardian ad litem and without the incompetent party having the benefit of counsel. Defendant's motion for in forma pauperis status for the purpose of vacating the judgment is granted, and the case remanded for the district court to either allow the continuation of the action with the incompetent party represented by a suitable guardian ad litem and counsel or to dismiss the action without prejudice.

Appellate Information

• Decided 04/23/2009
• Published 04/23/2009

Judges

• KEARSE, Circuit Judge:, Before:  KEARSE and KATZMANN, Circuit Judges, BIANCO, District Judge .

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Jesus Berrios, Plaintiff-Appellant pro se, Staten Island, NY.