Opinion
Case No. 05-60344-CIV-HURLEY/LYNCH.
March 31, 2005
ORDER OF DISMISSAL WITHOUT PREJUDICE
This matter comes before the Court sua sponte for review of the court file, which reveals that the complaint in this action was filed and signed on behalf of plaintiff Peterson Henares by Evelyn O'Laughlin, an individual identified as the "attorney in fact" for Peterson Henares
The general rule in federal court forbids representative parties, such as guardians or executors, from appearing pro se. As the Second Circuit explains it, "because pro se means to appear for one's self, a person may not appear on another person's behalf in the other's cause. A person must be litigating an interest personal to him." Iannoaccone v. Law, 142 F.3d 553 (2d Cir. 1998).
Moreover, the granting of a power of attorney does not permit a layperson to appear pro se on a plaintiff's behalf. McGee v. City of Rochester, 2004 WL 2491647 (W.D.N.Y. 2004). "To sanction this course would effectively circumvent the stringent licensing requirements of attorneys by conferring upon lay persons the same right to represent others by the use of powers of attorney." Mandeville v. Wertheimer, 2002 WL 432689 at *2 (S.D.N.Y. 2002).
In the case at bar, this social security litigation is personal to plaintiff, who is therefore entitled to represent himself pro se. Evelyn O'Laughlin, however, does not have a personal interest in the matter, and as a layperson, she cannot appear as plaintiff's representative.
The court shall accordingly dismiss the complaint with leave for plaintiff to re-file, either in a pro se capacity, or through a duly licensed attorney authorized to appear before this court. Covington v. Cole, 528 F.2d 1365 (5th Cir. 1976). Based on the foregoing, it is
ORDERED and ADJUDGED:
1. The plaintiff's complaint in this action is sua sponte DISMISSED WITHOUT PREJUDICE.
2. The plaintiff shall have TWENTY (20) DAYS from the date of this order within which to file an amended complaint, appearing either on his own behalf, or through hired counsel.
DONE and SIGNED.