Dobruck v. Faux et al

Filing 6

ORDER sealing complaint and dismissing case. Signed by Judge Steven D. Merryday on 10/14/2016. (JNB)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
WALTER DOBRUCK, on behalf of
C.D.,
Plaintiff,
v.

CASE NO. 8:16-cv-2798-T-23TGW

POLK COUNTY PROPERTY
APPRAISER, et al.,
Defendants.
____________________________________/

ORDER
Walter DoBruck, appearing pro se, purports to sue on behalf of C.D., a minor
child. The complaint, which contains the minor’s name, violates Rule 5.2(a)(3),
Federal Rules of Civil Procedure, which states that a “paper filing with the court that
contains . . . the name of an individual known to be a minor . . . may include only the
minor’s initials.” Under Rule 5.2(d), the complaint is SEALED.
Under 28 U.S.C. § 1654, a party may “plead or conduct” an action either
“personally or by counsel.” However, the “right to appear pro se . . . is limited to
parties conducting their own cases, and does not extend to non-attorney parties
representing the interests of others.” FuQua v. Massey, 615 Fed. Appx. 611, 612
(11th Cir. 2015) (per curiam). As a result, a person who is not a lawyer “may not
bring a pro se action on [a] child’s behalf.” FuQua, 615 Fed. Appx. at 612. Walter

DoBruck, appearing pro se, may not sue on behalf of C.D. Accordingly, this action is
DISMISSED. The clerk is directed to close the case.
ORDERED in Tampa, Florida, on October 14, 2016.

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