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UNPUBLISHED PER CURIAM OPINION filed.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. . Mailed to: Joyce Banin. [15-1037]
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UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
JOYCE BANIN; A. K., a minor child,
Plaintiffs - Appellants,
Defendant – Appellee,
BIGGS J. BYERSON; JESSE THORTON; JOHN DOE; SECOND LIEUTENANT
DAVID WHITE; BRENDAN MILLER,
Appeal from the United States District Court for the Eastern
District of Virginia, at Alexandria.
Liam O'Grady, District
September 29, 2015
October 20, 2015
Before WILKINSON and WYNN, Circuit Judges, and HAMILTON, Senior
Dismissed by unpublished per curiam opinion.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.
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Unpublished opinions are not binding precedent in this circuit.
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Joyce Banin, as next friend of her minor daughter, A.K., *
Brian Byerson in A.K.’s 42 U.S.C. § 1983 (2012) action.
Banin notes, nonattorney parents are prohibited from litigating
the claims of their minor children in federal court.
Loudoun Cty. Pub. Schs., 418 F.3d 395, 401 (4th Cir. 2005).
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.
entitled to counsel.
Williams v. Ozmint, 716 F.3d 801, 811 (4th
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
Accordingly, we dismiss the appeal for want of counsel.
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.
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argument because the facts and legal contentions are adequately
presented in the materials before this court and argument would
not aid the decisional process.
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