Joyce Banin v. Brian Byerson

Filing

UNPUBLISHED PER CURIAM OPINION filed.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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UNPUBLISHED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Dismissed by unpublished per curiam opinion.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.

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Unpublished opinions are not binding precedent in this circuit.

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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.

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transcripts

at

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government

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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

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