Opinion
Case No. 3:13-cv-210
07-01-2014
RACHEL SHAW, Plaintiff, v. CITY OF DAYTON et al., Defendants.
District Judge Thomas M. Rose
Magistrate Judge Michael J. Newman
ENTRY AND ORDER
On June 30, 2014, Counsel for the Defendant brought to the attention of the Court that Plaintiff is now without representation. Plaintiff s former Counsel, James R. Greene III, passed away May 28, 2014.
Plaintiff, Rachel Shaw, is proceeding in this matter individually and as the Administrator of the Estate of the Deceased, Kylen English. Pursuant to 28 U.S.C. § 1654, an individual may proceed on their own (pro se). However, "apro se plaintiff may not represent an estate in litigation where there are estate beneficiaries other than the plaintiff." Thompson v. THC, INC., et al., No. C-l-07-231,2008 WL 4449426, at *1 (S.D. Ohio) (citing Shepard v. Wellman, 313 F.3d 963, 970 (6th Cir. 2003)).
Therefore, it is the order of the Court that Plaintiff acquire new Counsel and have he or she file their Notice of Appearance(s) no later than August 1,2014. Failure to do so may result in a case dismissal.
DONE and ORDERED in Dayton, Ohio, this 1st day of July, 2014.
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THOMAS M. ROSE, JUDGE
UNITED STATES DISTRICT COURT