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Taylor v. Astrue

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI EASTERN DIVISION
Jun 26, 2012
No. 4:12-CV-636-JAR (E.D. Mo. Jun. 26, 2012)

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.

_________

JOHN A. ROSS

UNITED STATES DISTRICT JUDGE


Summaries of

Taylor v. Astrue

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI EASTERN DIVISION
Jun 26, 2012
No. 4:12-CV-636-JAR (E.D. Mo. Jun. 26, 2012)
Case details for

Taylor v. Astrue

Case Details

Full title:ANIKA TAYLOR, Plaintiff, v. MICHAEL J. ASTRUE, Commissioner of Social…

Court:UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI EASTERN DIVISION

Date published: Jun 26, 2012

Citations

No. 4:12-CV-636-JAR (E.D. Mo. Jun. 26, 2012)