Opinion
CIVIL ACTION NO. 03-2732.
May 6, 2003.
MEMORANDUM
The Complaint in the above-captioned action alleges that plaintiff Daniel Tilli is "acting as guardian to a mentally disabled male adult". Aside from the fact that the alleged incompetent adult is not named in the Complaint the Motion to Proceed In Forma Pauperis must be denied. The Affidavit in Support of the Motion is in the name of the alleged guardian and addresses the financial condition of the alleged guardian, not that of the alleged incompetent.
In addition even if a proper Affidavit had been filed the Complaint would be dismissed because a non-lawyer guardian cannot represent an incompetent in the courts of this circuit without retaining a lawyer, see Osei-Afriyie v. Medical College of Pennsylvania, 937 F.2d 876 (3d Cir. 1991).
I therefore enter the following Order.
ORDER
AND NOW, this 6th day of May, 2003, for the foregoing reasons Plaintiff's Motion to Proceed In Forma Pauperis is hereby DENIED.