Joyce Banin v. Brian Byerson


UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying Motion to reconsider [999592385-3]; denying Motion for transcript at government expense [999526166-3] Originating case number: 1:14-cv-00026-LO-TRJ Copies to all parties and the district court/agency. [999681652]. Mailed to: Joyce Banin. [15-1037]

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Appeal: 15-1037 Doc: 31 Filed: 10/20/2015 Pg: 1 of 4 UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 15-1037 JOYCE BANIN; A. K., a minor child, Plaintiffs - Appellants, v. BRIAN BYERSON, Defendant – Appellee, and BIGGS J. BYERSON; JESSE THORTON; JOHN DOE; SECOND LIEUTENANT DAVID WHITE; BRENDAN MILLER, Defendants. Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. Liam O'Grady, District Judge. (1:14-cv-00026-LO-TRJ) Submitted: September 29, 2015 Decided: October 20, 2015 Before WILKINSON and WYNN, Circuit Judges, and HAMILTON, Senior Circuit Judge. Dismissed by unpublished per curiam opinion. Joyce Banin, A.K., Appellants Pro Se. Kimberly Pace Baucom, Assistant County Attorney, Jamie Marie Greenzweig, FAIRFAX COUNTY ATTORNEY'S OFFICE, Fairfax, Virginia, for Appellee. Appeal: 15-1037 Doc: 31 Filed: 10/20/2015 Pg: 2 of 4 Unpublished opinions are not binding precedent in this circuit. 2 Appeal: 15-1037 Doc: 31 Filed: 10/20/2015 Pg: 3 of 4 PER CURIAM: Joyce Banin, as next friend of her minor daughter, A.K., * seeks to appeal the judgment entered on behalf of Defendant Brian Byerson in A.K.’s 42 U.S.C. § 1983 (2012) action. As Banin notes, nonattorney parents are prohibited from litigating the claims of their minor children in federal court. Myers v. Loudoun Cty. Pub. Schs., 418 F.3d 395, 401 (4th Cir. 2005). Although Banin retained counsel to represent A.K. in the district court, she has not retained counsel on appeal, despite ample opportunity to do so. Instead, she seeks appointment of counsel on A.K.’s behalf. Litigants in entitled to counsel. Cir. 2013). a civil action are not constitutionally Williams v. Ozmint, 716 F.3d 801, 811 (4th Because we do not discern the exceptional circumstances required for appointment of counsel in a civil case, see Whisenant v. Yuam, 739 F.2d 160, 163 (4th Cir. 1984), abrogated on other grounds by Mallard v. U.S. Dist. Court, 490 U.S. 296, 298 (1989), we decline to appoint counsel on A.K.’s behalf. Accordingly, we dismiss the appeal for want of counsel. deny as moot A.K.’s motions for * reconsideration and We for Insofar as Banin attempts to appeal on her own behalf, she is not a proper party to the appeal, as voluntary amendment of the complaint eliminated all of Banin’s claims for relief. 3 Appeal: 15-1037 Doc: 31 transcripts at Filed: 10/20/2015 government Pg: 4 of 4 expense. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before this court and argument would not aid the decisional process. DISMISSED 4

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