Hodge v. Municipality of Dothan, Alabama et al (MAG+)

Filing 28

ORDER: ORDERED and ADJUDGED as follows: 1.) The 27 Recommendation is ADOPTED; 2.) The 13 Motion to Dismiss is GRANTED; 3.) This case is DISMISSED without prejudice due to lack of subject matter jurisdiction; and 4.) The alternate 13 request for summary judgment is DENIED as moot. Signed by Honorable Judge R. Austin Huffaker, Jr. on 9/25/2024. (BES)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
SOUTHERN DIVISION
CURLENE HODGE,
Plaintiff,
v.
MUNICIPALITY OF DOTHAN,
ALABAMA, et al.,
Defendants.

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Case No. 1:23-cv-00222-RAH-CWB

ORDER
Defendants filed a Motion to Dismiss or, in the Alternative, for Summary
Judgment (doc. 13) on January 30, 2024. On September 4, 2024, the Magistrate
Judge entered a Recommendation that the motion to dismiss be granted. No timely
objections have been filed. (Doc. 27.) Upon an independent review of the record
and upon consideration of the Recommendation of the Magistrate Judge, it is due to
be adopted.
The Court notes that Plaintiff filed the original Complaint (doc. 1) on April
19, 2023, in her individual capacity on behalf of the deceased. She then filed the
Amended Complaint (doc. 6) on November 14, 2023, purportedly as the
administrator of the decedent’s estate. While Plaintiff received her appointment in
December 2023 (doc. 14-1 at 10), per the Amended Complaint (doc 6.), Plaintiff still
proceeds pro se. It also appears that Plaintiff is not the sole beneficiary to the
decedent’s estate. (Doc. 14-1 at 3, 10; Doc. 14-17 at 3.) As such, Plaintiff, as a pro
se litigant, may not represent the rights and interests of the decedent’s estate in this
legal proceeding. See, e.g., McCants v. United States, 598 F. Supp. 3d 1342, 1345

(N.D. Ala. 2022) (relying on Rodgers v. Lancaster Police & Fire Dep’t, 819 F.3d
205 (5th Cir. 2016)); Ex parte Ghafary, 738 So. 2d 778, 781 (Ala. 1998) (holding
that Alabama law “prohibits a nonattorney executor or personal representative from
representing an estate before a court of law. Thus, the complaint personally filed by
Donna Stewart as executrix was a nullity.”). Thus, for this additional reason, this
matter is due to be dismissed without prejudice.
ORDERED and ADJUDGED as follows:
1. The Recommendation (doc. 27) is ADOPTED;
2. The Motion to Dismiss (doc. 13) is GRANTED;
3. This case is DISMISSED without prejudice due to lack of subject
matter jurisdiction; and
4. The alternate request for summary judgment (doc. 13) is DENIED as
moot.
DONE, on this the 25th day of September 2024.
R. AUSTIN HUFFAKER, JR.
UNITED STATES DISTRICT JUDGE

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