Opinion
1:21-cv-02769-JMS-MG
06-06-2022
SHEILA ARNOLD, Plaintiff, v. STATE OF INDIANA, ROBERT E. CARTER, JR., FRANK VANIHEL, ADAM CHAMBERS, HILARY HALL, BRANDON WHITE, MIDNIGHT MCGUIRE, BRANDON HANCOCK, MARKY SHEPARD, KALEB HAUPTIL, CHELSEA HENDERSON, Defendants.
REPORT AND RECOMMENDATION TO DISMISS COMPLAINT WITHOUT PREJUDICE
Mario Garcia United States Magistrate Judge.
On March 25, 2022, the Court issued an Order to Show Cause, [Dkt. 14], in which Plaintiff was ordered to show cause, in a writing filed with this court no later than April 14, 2022, why this case should not be dismissed because Plaintiff is not permitted to proceed pro se as the representative of the Estate of Brandon Lewis. Plaintiff, who is Brandon Lewis's mother, did not obtain counsel for the estate and instead filed a Response to the Show Cause Order, [Dkt. 18], arguing that she should be permitted to proceed without counsel. The Court issued another Order, [Dkt. 19], explaining to Plaintiff that under Seventh Circuit precedent, she cannot proceed pro se on behalf of her son's estate and directed her to obtain counsel on behalf of the estate by no later than May 13, 2022 or the case would be dismissed. Plaintiff did not obtain counsel and instead filed a pro se Motion to Alter or Amend Judgment, [Dkt. 22], which this Court is concurrently denying by Minute Entry.
Because: (1) Plaintiff has failed to comply with the Court's Order to obtain counsel; (2) the Seventh Circuit does not allow estates to prosecute claims pro se; and (3) Plaintiff has previously rejected counsel appointed by this Court to represent the estate, the undersigned RECOMMENDS that the Complaint be DISMISSED WITHOUT PREJUDICE. Any objections to the Magistrate Judge's Report and Recommendation must be filed within fourteen (14) days of this Report and Recommendation in accordance with 28 U.S.C. § 636(b)(1) and Fed.R.Civ.P. 72(b). Failure to file objections within fourteen days after service will constitute a waiver of subsequent review absent a showing of good cause for such failure.
IT IS SO RECOMMENDED.