Wynder, JR. v. Goltzer, Esq.
- Gregory Woods
- 1:24-cv-07925
- U.S. District Court · Southern District of New York
- 5
In Wynder v. Goltzer, Judge Woods dismissed claims against one named defendant and ordered substitution and service procedures for the remaining defendants.
The ruling dismissed Kenneth N. Wynder, Jr.’s claims against “Criminal Justice Act, Inc.” and required procedural steps involving the Estate of George Goltzer, Ying Stafford, and Jeremy Schneider. Stafford must provide an address for serving the estate within 60 days, and the U.S. Marshals Service will handle service on Stafford and Schneider.
What happened
Kenneth N. Wynder, Jr. v. George Goltzer, Esq. concerns claims by a person representing himself against several defendants for alleged violations of federal constitutional and state-law rights. The court had allowed him to proceed without paying filing fees in advance.
The court dismissed the claims against “Criminal Justice Act, Inc.” because the Criminal Justice Act is a federal statute, not a suable entity, and the organization named in the complaint does not exist. Because the complaint said George Goltzer had died, the court ordered that his estate replace him as a defendant. The court also ordered the U.S. Marshals Service to serve Ying Stafford and Jeremy Schneider.
Judge Gregory H. Woods directed Stafford to provide the address where Goltzer’s estate could be served within 60 days. The court denied permission to appeal without paying filing fees, certifying that an appeal would not be taken in good faith.
The detailed version
- Wynder, JR. v. Goltzer, Esq. · No. 1:24-cv-07925
- Gregory Woods
- Dec. 2, 2024
Background
Kenneth N. Wynder, Jr., who is incarcerated at Federal Medical Center in Fort Worth, Texas, brought the case without a lawyer. He alleged that the defendants violated his federal constitutional rights and rights under state law. The court had previously allowed him to proceed without paying filing fees in advance.
Claims Against “Criminal Justice Act, Inc.”
The court dismissed Wynder’s claims against “Criminal Justice Act, Inc.” The court explained that the Criminal Justice Act is a federal statute providing for appointed counsel in criminal proceedings and is not itself a suable entity. The court also found that “Criminal Justice Act, Inc.,” which Wynder described as a nonprofit organization, does not exist. The claims against that defendant were dismissed for failure to state a claim on which relief may be granted.
Substitution of the Estate
The complaint stated that George Goltzer died on December 21, 2023. The court directed the Clerk of Court, under Rule 21 of the Federal Rules of Civil Procedure, to replace George Goltzer in the caption with “The Estate of George Goltzer.” The court stated that this substitution was without prejudice to defenses the estate might assert.
Service of Stafford and Schneider
Because Wynder was allowed to proceed without paying filing fees in advance, the court ordered the Clerk of Court and the U.S. Marshals Service to handle service of process. The Clerk was directed to issue summonses and prepare the required service paperwork for Ying Stafford and Jeremy Schneider. If service was not completed within 90 days after the summonses were issued, Wynder was told to request more time.
Address for Service on the Estate
The court found that Stafford was likely able to provide an address where Goltzer’s estate could be served because the complaint alleged that Stafford had been Goltzer’s co-counsel and had informed Wynder about Goltzer’s health and death. Judge Gregory H. Woods ordered Stafford to find that address and provide it to Wynder and the court within 60 days of the order. After receiving the information, the court stated that it would arrange the paperwork needed for the Marshals Service to serve the estate.
Disposition
The court dismissed Wynder’s claims against “Criminal Justice Act, Inc.” It ordered the substitution of Goltzer’s estate for Goltzer, directed service on Stafford and Schneider, and directed Stafford to provide an address for service on the estate. The court also certified that an appeal would not be taken in good faith and denied permission to appeal without paying filing fees.
Read the full 5-page opinion on CourtListener, the free public archive maintained by the Free Law Project.