Bostic et al v. Astrue

Filing 6

ORDER DISMISSING CASE WITHOUT PREJUDICE. Plaintiff may re-file this action upon obtaining counsel. The Clerk is therefore directed to terminate all deadlines and motions, and close this case. Signed by Judge J. Randal Hall on 07/23/2012. (thb)

IN THE UNITED STATES DISTRICT COURT FOR THE
SOUTHERN DISTRICT OF GEORGIA
AUGUSTA DIVISION

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Plaintiffs,
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V.
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MICHAEL J. ASTRUE, Commissioner *
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of Social Security,
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Defendant.
TAWNASKA BOSTIC and T.B.,

CV 112-082

ORDER

On May 24, 2012, Plaintiff filed suit seeking judicial review
of a decision of the Social Security Administration.
Ex. A.)

(Doc. no. 1,

Plaintiff is proceeding pro se on behalf of her minor

daughter, T.B.

However, the law of this District requires that a

non-attorney parent be represented by counsel when bringing an
action on behalf of his or her child.

Oliver v. Southcoast Med.

Grp., LLC, 4:11-CV-115, 2011 WL 2600618, at *1 (S.D. Ga. June 13,
2011) .

Therefore, on June 27, 2012, this Court issued an Order

requiring Plaintiff to show cause as to why her case should not be
dismissed for improper representation.

(Doc. no. 4.)

On July 19,

2012, Plaintiff responded to the Court's Show Cause Order. (Doc.
no. 5.) In her response, Plaintiff asks that the Court review the
decision of the Social Security Administration and appoint an
attorney to represent her.

A plaintiff in a civil case does not have a constitutional
right to counsel, and the Court should appoint counsel only in
exceptional circumstances.
(11th Cir. 1999) .

Bass v. Perrin, 170 E'.3d 1312, 1320

The fact that a plaintiff would be helped by

counsel is not sufficient to require appointment.

See id. ('The

plaintiffs, like any other litigants, undoubtedly would have been
helped by the assistance of a lawyer, but their case is not so
unusual that the district court abused its discretion by refusing
to appoint counsel.") "Exceptional circumstances" include the
presence of "facts and legal issues [which] are so novel or complex
as to require assistance of a trained practitioner."

Kilgo v.

Ricks, 983 F.2d 189, 193 (11th Cir. 1993)
At this juncture, Plaintiff's Complaint does not present facts
and legal issues SO novel and complex as to constitute exceptional
circumstances warranting appointment of counsel. Moreover, because
Plaintiff failed to comply with the Court's Show Cause Order, her
Complaint is due to be dismissed.
dismissed without prejudice.
upon obtaining counsel.

However, this case shall be

Plaintiff may re-file this action
The Clerk is therefore DIRECTED to

TERMINATE all deadlines and motions, and CLOSE this case.
ORDER ENTERED at Augusta, Georgia, this

,23- day

of July,

2012.
ILI

LE J.DAL HALL
HO
\JJNID STATES DISTRICT JUDGE
SOUTHERN DISTRICT OF GEORGIA

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