Timothy Hanna v. Davis et al

Filing 14

ORDER DENYING Plaintiff's 11 Motion for "Next Friend" Standing, signed by Magistrate Judge Dennis L. Beck on 10/15/2014. (Martin-Gill, S)

1
2
3
4
5
6
7

UNITED STATES DISTRICT COURT

8

EASTERN DISTRICT OF CALIFORNIA

9
10

TIMOTHY HANNA,
Plaintiff,

11
v.

12
13

RON DAVIS, et al.,

14

Case No. 1:14-cv-01339 DLB
ORDER DENYING PLAINTIFF’S
MOTION FOR “NEXT FRIEND”
STANDING
(Document 11)

Defendants.
_____________________________________/

15
16

Plaintiff Timothy Hanna (“Plaintiff”), a state prisoner proceeding pro se, filed this action

17 on August 28, 2014. On September 10, 2014, the Court screened Plaintiff’s complaint and
18 dismissed it with leave to amend. The time for filing an amended complaint has not yet passed.
19

On September 29, 2014, Plaintiff filed a motion to grant inmate Thomas Bodnar “next

20 friend” standing. Plaintiff states that he is indigent and untrained in the law, and requests that
21 Inmate Bodnar be given standing to “proceed on separately filed and related documents...” Mot.,
22 at 2.
23

Although a non-attorney litigant may appear on his own behalf, he cannot represent

24 another litigant; only an attorney may appear on behalf of another person. See C.E. Pope Equity
25 Trust v. United States, 818 F.2d 696, 697 (9th Cir.1987) (a non-attorney has no authority to appear
26 as an attorney for anyone other than himself); Elustra v. Mineo, 595 F.3d 699, 704 (7th Cir.2010)
27 (“Normally, representative parties such as next friends may not conduct litigation pro se; pleadings
28 may be brought before the court only by parties or their attorney.”); Simon v. Hartford Life, Inc.,

1 546 F.3d 661 (9th Cir.2008) (in action brought by pro se litigant, the real party in interest must be
2 the person who by substantive law has the right to be enforced); Stoner v. Santa Clara County
3 Office of Educ., 502 F.3d 1116, (9th Cir.2007).
4

Moreover, Local Rule 183 requires Plaintiff, who is proceeding pro se, to represent

5 himself. He may not act through another who is not his attorney. Fed. R. Civ. P. 83; Local Rule
6 183.
7

Accordingly, Plaintiff’s motion is DENIED. While Plaintiff may obtain assistance in

8 preparing his filings, he must file and sign each pleading on his own behalf.
9
10
11
12

IT IS SO ORDERED.
Dated:

/s/ Dennis

October 15, 2014

L. Beck

UNITED STATES MAGISTRATE JUDGE

13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2