Opinion
CIVIL ACTION NO. 5:07CV-181-R.
November 21, 2007
MEMORANDUM AND ORDER
On or about November 2, 2007, Petitioner filed this action pursuant to 28 U.S.C. § 2254. The action is currently pending before the Court for preliminary consideration under Rule 4 of the Rules Governing Section 2254 Cases in the United States District Courts. On November 19, 2007, Petitioner's mother, Ms. June Word, filed an emergency motion on Petitioner's behalf alleging that Petitioner is being subjected to cruel and unusual punishment at the Christian County Jail and asking that the Court release her immediately (DN 5). The motion is not signed by Petitioner, and the accompanying letter from Petitioner's mother (DN 4) indicates that it was prepared and filed by her and not Petitioner.
"[I]n federal court a party can represent himself or be represented by an attorney, but cannot be represented by a nonlawyer." Gonzales v. Wyatt, 157 F.3d 1016, 1021 (5th Cir. 1998); Eagle Assocs. v. Bank of Montreal, 926 F.2d 1305, 1308 (2d Cir. 1991); see also 28 U.S.C. § 1654 ("In all courts of the United States the parties may plead and conduct their own cases personally or by counsel as, by the rules of such courts, respectively, are permitted to manage and conduct causes therein."). Section 1654 "`does not allow for unlicensed laymen to represent anyone else other than themselves.'" Eagle Assocs. v. Bank of Montreal, 926 F.2d at 1308 (quoting Turner v. Am. Bar Ass'n, 407 F. Supp. 451, 477 (N.D. Tex. 1975), aff'd sub nom. Pilla v. Am. Bar Ass'n, 542 F.2d 56, 59 (8th Cir. 1976)). Consequently, the right to proceed pro se in federal court does not give non-lawyer parents the right to represent their children before a federal court. See, e.g., Shepherd v. Wellman, 313 F.3d 963, 970 (6th Cir. 2002); Meeker v. Kercher, 782 F.2d 153, 154 (10th Cir. 1986) (per curiam). Thus, Ms. June Word, a non-lawyer, may not represent Petitioner before this Court. Ms. June Word may not act or sign documents on behalf of Petitioner as such conduct constitutes the unauthorized practice of law. She may assist Petitioner in researching issues and in the preparation of filings, but she shall not represent or otherwise act on behalf of Petitioner. All motions filed with the Court must be signed by Petitioner. The Court warns Ms. June Word that continued unauthorized practice of law before this Court will result in appropriate sanctions.
Additionally, allegations that a prisoner is being treated harshly in prison do not present a cognizable basis for relief under 28 U.S.C. § 2254. If Petitioner believes her Eighth Amendment rights are being violated by the Christian County Jail officials, the proper way to seek relief from this Court is to file an action under 42 U.S.C. § 1983.
Therefore, IT IS ORDERED that the Motion for Emergency Relief (DN 5), be STRICKEN from the docket of this case. Petitioner may seek redress by filing an action pursuant to 42 U.S.C. § 1983. The Clerk of Court is DIRECTED to mail Petitioner the form and instructions for filing a prisoner civil rights complaint under 42 U.S.C. § 1983 as well as a copy of the pro se motion form and instructions. While Petitioner's mother may assist her in preparing these papers, the complaint and any accompanying motion must be signed by Petitioner, not her mother. Alternatively, Petitioner may engage the services of a licensed attorney represent her.