Opinion
No. 4:12-CV-636-JAR
06-26-2012
ANIKA TAYLOR, Plaintiff, v. MICHAEL J. ASTRUE, Commissioner of Social Security, Defendant.
MEMORANDUM AND ORDER
This matter is before the Court upon its own motion. Anika Taylor has submitted a complaint on behalf of her disabled, minor son, D.M.T.
Civil actions by minors and incompetent persons may be commenced and prosecuted only by a duly appointed guardian or, if there is no such guardian, by a next friend appointed by the Court in the civil action. See Fed.R.Civ.P. 17(c)(2). Anika Taylor has not filed a motion for appointment of next friend on behalf of D.M.T. in this matter, and a next friend must be appointed before further proceedings may occur.
Accordingly, the Court will order Anika Taylor to file a motion for appointment of next friend. In the motion, Anika Taylor shall set forth (1) her relationship to D.M.T.; (2) the reason(s) why D.M.T. cannot represent himself; and (3) a request that the Court appoint her as next friend for the purpose of commencing and prosecuting this action on behalf of D.M.T., a minor. Failure to file such a motion will result in this action being dismissed without further notice to the parties.
Therefore,
IT IS HEREBY ORDERED that, within thirty (30) days of the date of this Order, Anika Taylor shall, in accordance with this Memorandum and Order, file a motion for appointment of next friend for the purpose of commencing and prosecuting this action on behalf of D.M.T., a minor. Failure to file this motion shall result in the dismissal of this action without prejudice.
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JOHN A. ROSS
UNITED STATES DISTRICT JUDGE