Mitchell et al v. Siva

Filing 6

MEMORANDUM AND ORDER by Senior Judge Thomas B. Russell; If Blasingim wishes to proceed as a Plaintiff in this action, IT IS ORDERED that he must sign the complaint and re-file it within 30 days of entry of this Order. In addition, if Blasingim wishes to proceed as a Plaintiff in this action, he must file his own application to proceed without the prepayment of fees. IT IS THEREFORE ORDERED that Blasingim shall file an application to proceed without prepayment of fees within 30 days from entry of this Order. cc: Plaintiff Mitchell; Blasingim (ERH)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF KENTUCKY
AT PADUCAH
CIVIL ACTION NO. 5:16CV-57-TBR
CINDY MITCHELL et al.

PLAINTIFFS

v.
NIRANJAN SIVA AND ASSOCIATES

DEFENDANT

MEMORANDUM AND ORDER
The complaint in the instant pro se action lists two Plaintiffs, Cindy Mitchell and Tony
Blasingim, in the caption. However, upon review of the complaint, it is evident that only
Mitchell, a frequent pro se filer in this Court, signed the complaint for both Plaintiffs. In
addition, only Mitchell filed an application to proceed without the prepayment of fees (DN 3).
As the Court instructed Mitchell in a previous case, Blasingim v. Midwest Neurosurgeons
et al., Civil Action No. 5:15CV-183-TBR, she as a non-lawyer is not permitted to represent any
other party in an action before this Court. See Shepherd v. Wellman, 313 F.3d 963, 970 (6th Cir.
2002); Gonzales v. Wyatt, 157 F.3d 1016, 1021 (5th Cir. 1998) (“[I]n federal court a party can
represent himself or be represented by an attorney, but cannot be represented by a nonlawyer.”);
Eagle Assocs. v. Bank of Montreal, 926 F.2d 1305, 1308 (2d Cir. 1991). Moreover, under the
Federal Rules of Civil Procedure, “Every pleading, written motions, and other paper must be
signed . . . by a party personally if the party is unrepresented.” Fed. R. Civ. P. 11(a).
Because it is evident that Blasingim did not sign the complaint and because he did not file
an application to proceed without the prepayment of fees, the Court will give Blasingim 30 days
to file an amended complaint with his signature and to file an application to proceed without
prepayment of fees.

Accordingly, if Blasingim wishes to proceed as a Plaintiff in this action, IT IS
ORDERED that he must sign the complaint and re-file it within 30 days of entry of this Order.
The Clerk of Court is directed to send Blasingim a copy of page 6 of the complaint (DN 1) for
his signature should he choose to do so.
In addition, if Blasingim wishes to proceed as a Plaintiff in this action, he must file his
own application to proceed without the prepayment of fees. IT IS THEREFORE ORDERED
that Blasingim shall file an application to proceed without prepayment of fees within 30 days
from entry of this Order.
The Clerk of Court is directed to send Blasingim a non-prisoner application to proceed
without prepayment of fees and affidavit form with the instant civil action number affixed to it.
Blasingim is WARNED that failure to comply with this Order in all respects will
result in his dismissal as a party to this action.
Date:

May 25, 2016

cc:

Plaintiff Mitchell, pro se
Tony Blasingim
4413.010

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